Terms & Conditions
Please read these Terms and Conditions carefully as they contain very important information about booking a travel product and/or service with Vacation Express USA Corp. ["Vacation Express"].
When you book a travel product and/or service with Vacation Express to a destination, you expressly accept these Terms and Conditions, without modification, intend to be legally bound by them and acknowledge and agree that they become part of your contract with Vacation Express. To the extent that any travel products and/or services are booked through this website, the Vacation Express Sales Center or your Travel Agent, you agree that these Terms and Conditions apply to all transactions.
1: Prices, Bookings and Payments
Prices quoted on this website are in United States Dollars and are based on costs at the time of posting. The package price, as indicated on your itinerary may include a flight as well as applicable airfare taxes, except for some destinations' departure tax. Other tour services and accommodations are included in your package price only if they are indicated on your itinerary. These package inclusions/rates are based on inclusions/prices at time of purchase and are subject to change without notice. You may incur additional expenses that are not included in the package price, including but not limited to resort fees, destination taxes and environmental fees. Discounts and special offers are applicable to new reservations only and may not be applied to an existing booking. A small service fee of $10 applies when booking through the Vacation Express Call Center. Some Vacation Express vacation protection plans cover price drop adjustments. See section 2 for vacation protection plan information.
Vacation Express makes every effort to ensure the accuracy of the information contained herein and to the best of its knowledge, all information is accurate at the time of publication. Vacation Express tries to ensure that the prices on this website are accurate, however, errors do occur and we reserve the right to refuse to accept and/or the right to cancel and refund any bookings, purchased at any price published in error. Updates are published on our website when new information is made available, however, Vacation Express cannot be responsible for any inaccuracies or omissions contained herein or for any third-party publications or postings. Information contained herein should be verified directly with other available sources.
Pricing and space is not guaranteed until a reservation is secured with a payment. See the payment chart for a schedule of deposit dates and final payments. If deposit is not received within the required timeline your reservation will cancel. If final payment is not received 30 days prior to departure, the reservation will be canceled and no monies will be refunded. Deposits are non-refundable and can be made online or by through the Contact Center at 800.309.4717 during business hours.
|Service||Deposit Amount||Deposit Due||Final Payment Due|
|Vacation Express Exclusive Non-Stop Flights||$225 per person||No later than 11:30PM ET 48-hours after booking||30 days prior to departure|
|Scheduled Air Packages||100% of the air cost + $50pp||At the time of booking||30 days prior to departure|
|Hotel Only||$50 per person||No later than 11:30PM ET 48-hours after booking||30 days prior to departure|
|Non-Refundable Hotel Only||100% of the hotel cost||At the time of booking||At the time of booking|
|Reduced Deposit Plan (RDP)||$275 + $25 fee per person||At the time of booking||30 days prior to departure|
|Insurance/Protection||Varies||At the time of booking||-|
Vacation Express offers a Reduced Deposit Plan for package bookings with scheduled air and hotel. If a package booking has a departure date of 31 or more days away, you may confirm your reservation using our Reduced Deposit Plan [RDP] with a $275 deposit plus a fee of $25 for a total of $300 per person, which will be applied towards the cost of the airfare.
Scheduled airfares may carry advance purchase requirements and are subject to change until ticketed. There are no fees for airfare cancellations made within 24 hours of purchase. Regular cancellation penalties will apply to the hotel portion of scheduled air bookings. Once scheduled air tickets are issued, no changes are allowed and are non-refundable. Rebooking scheduled air if airline permits rebooking, with an airline imposed change fee, is possible if the reservation is cancelled with the airlines at least 24 hours prior to the scheduled departure time. Some airlines, including Spirit Airlines and Frontier Airlines, require you to use your ticket within 60 days of original purchase date.
Notwithstanding the foregoing, select airfare may be non-refundable, non-changeable and carry no residual value if there is a need to cancel. Some of these tickets also do not allow for seat assignments and are not eligible for elite status upgrades. Please check the terms and conditions of your applicable airline as their terms and conditions will take precedence over the terms and conditions set out in this section.
Airfare with Spirit Airlines or Frontier Airlines will not be confirmed for 24hrs and may be rejected by the airline. If rejected, travelers may re-book different airfare with another carrier.
If you booked your reservation through a travel agent, please remember that it is the obligation of the agent of record for a reservation to obtain a credit card imprint, proper authorization and a signature from the cardholder. Vacation Express is not liable for chargebacks due to non-payment in cases where these forms of authorization were not obtained by the agent of record.
2: Vacation Protection Plans
Vacation Express strongly recommends the purchase of travel protection to cover changes and cancellations as well as post-departure travel insurance. Vacation Express offers three forms of travel protection, each with different benefits and payment policies. The plan goes into effect the date your payment is received by Vacation Express, and the plan cost is non-refundable and non-transferable. Effective Feb 12, 2021 a Supplemental Upgrade is available for select insurance plans. This optional add-on provides increased coverage and must be purchased with an insurance plan and is not available as a stand-alone plan.
Vacation Protection Plan [VPP]
Vacation Protection Plan Plus [VPP+]
Vacation Protection Insurance [VPI]
Find information on these plans here.
3: Changes, Cancellations and Refunds
To cancel a booking with VPP, VPP+ or VPI, please call Vacation Express at 800.309.4717 during regular business hours prior to trip departure time, as specified in each plan. You may also cancel your booking online by retrieving your booking and selecting "Cancel" under "Options". If you are departing within 24 hours and cancel online you must cancel your airline ticket directly with the airline. Failure to do so may result in a loss of the value of the ticket. If a vacation protection plan is not purchased and deposit has been received, cancellations will be reimbursed to your original form of payment minus any fees or penalties. Any cancellations, changes or modifications including but not limited to name corrections, passenger details, occupancy changes, travel dates or room category changes could result in a re-price situation at current day’s pricing. The following Vacation Express fees or penalties will apply:
|Exclusive Non-Stop Flights (changes to destination or travel dates*)|
|Up to 31+ days prior to departure||$50 per person plus applicable airline/hotel/feature penalties or fees.|
|30-7 days prior to departure||$150 per person plus applicable airline/hotel/feature penalties or fees. There is no ticket residual value.|
|6-0 days prior to departure||Non-changeable|
|*change of travel date must be within same calendar year of original travel dates|
|Exclusive Non-Stop Flights (changes to passenger name)|
|Up to 7+ days prior to departure||$50 per person or up to $100 per room plus applicable airline/hotel/feature penalties or fees.|
|6-0 days prior to departure||Non-changeable|
|Scheduled Air Packages (any changes other than minor changes*)|
|Up to 31+ days prior to departure||$25 per person or up to $100 per room plus applicable airline/hotel/feature penalties or fees.|
|30-3 days prior to departure||$50 per person or up to $100 per room plus applicable airline/hotel/feature penalties or fees.|
|2-0 days prior to departure||$75 per person plus applicable airline/hotel/feature penalties or fees.|
|Hotel Only (any changes other than minor changes)|
|Up to 3+ days prior to departure||$25 per room plus applicable hotel/feature penalties or fees.|
|2-0 days prior to departure||$50 per room plus applicable hotel/feature penalties or fees.|
In-Destination Voluntary Change Fees:
- Re-issuing of airline tickets: $75 per person plus applicable airline fees
- Hotel extensions and deviations: $75 per room plus applicable hotel fees
- Transfers are non-refundable and non-changeable inside 48hrs. New transfers must be purchased directly from Nexus Tours.
|Up to 7+ days prior to departure||No VE change fee for minor changes including minor name correction (does not apply to name corrections for airline tickets that require re-issuing of a ticket), adding passenger, change to higher-priced hotel or room category. Airline/hotel/feature penalties, charges and price increases still apply.|
|Name changes are subject to supplier policy/acceptance. More than one name change per room on a reservation is considered a cancel/rebook.|
|Exclusive Non-Stop Flight Package or Air Only|
|Up to 31+ days prior to departure||$125 per person plus applicable hotel/feature penalties.|
|30 - 15 days prior to departure||$225 per person plus applicable hotel/feature penalties.|
|14-0 days prior to departure||Non-refundable|
|Scheduled Air Packages|
|Up to 3+ days prior to departure||$50 per person plus applicable hotel/feature penalties. Airfare is non-refundable.|
|2-0 days prior to departure||$75 per person plus applicable hotel/feature penalties. Airfare is non-refundable.|
|Up to 3+ days prior to departure||$25 per room plus applicable hotel/feature penalties.|
|2-0 days prior to departure||$50 per room plus applicable hotel/feature penalties.|
Cancellations with Vacation Protection Plan [VPP]:
Cancellation must be received by Vacation Express a minimum of 24 hours prior to the originally scheduled departure time as indicated in your travel documents or no later than noon ET the day prior to departure for hotel-only bookings. All applicable cancellation charges [does not include air, hotel or feature penalties] will be refunded in the form of Vacation Express travel certificates [VPP Voucher] as follows:
- Vacation Express exclusive non-stop flight packages and hotel only packages will receive a VPP voucher for the cost of the package, less the VPP plan cost.
- Scheduled-air packages will receive a VPP voucher for the cost of the hotel portion less the VPP plan cost along with the airline ticket numbers and be advised of the ticket cost. Travelers can use the cost of the airline ticket, less the airline change fee [typically $250 per ticket] to purchase a new ticket to:
- The same Vacation Express destination on same carrier
- A different Vacation Express destination on same carrier
- Any destination that the issuing carrier serves. This option requires contacting the issuing airline directly for reservations.
VPP Voucher Information:
- Vouchers are issued in the original names of the passengers on the booking at the time of cancellation.
- The vouchers are non-transferable and name changes will not be accepted.
- Passengers have one year from original date of travel to use the voucher toward another package to any Vacation Express destination.
- VPP can be repurchased when rebooking your vacation with the original VPP voucher.
- Under no circumstances does the VPP allow for a full or partial cash refund, nor can it be extended.
- Please check with your airline for their specific requirements.
Cancellations with Vacation Protection Plan Plus [VPP+]:
You may cancel your vacation for any reason prior to departure and receive a refund for the full package price in the original form of payment less the VPP+ plan cost [does not include change fees or reduced deposit plan fees]. All cancellations on VPP+ must be received by Vacation Express up to 2 hours prior to original scheduled departure time per your documents or by 9am the day of arrival for hotel-only bookings.
Cancellations with Vacation Protection Insurance [VPI]:
If you cancel or interrupt your vacation due to an unforeseen, covered reason listed in your policy, benefits will reimburse up to 100% of the cost of your trip for unused, prepaid non-refundable travel arrangements. Underwritten by Arch Insurance Company, NAIC #11150, under policy series LTP 2013 and endorsements thereto.
If you are traveling as part of a traditional-contracted group of 15 or more adults on the same reservation, different deposit, payment and cancellation policies may apply. See your group contract for details. Reduced Deposit Plan [RDP] is not available for traditional-contracted groups. Some insurance plans are also not available for traditional-contracted groups including Vacation Protection Plan [VPP] and Vacation Protection Plan Plus [VPP+]. We offer special insurance plans for traditional-contracted groups. Please reach out to our Groups Department for more information.
5: Charter Flights/Vacation Express Exclusive Non-Stop Flights
All air charter services are subject to government and/or The U.S. Department of Transportation [DOT] approval. The operation of air charter services by Vacation Express are being conducted pursuant to Part 380 of the DOT Charter regulations. Vacation Express has surety trust agreements with WSFS, 309 Lancaster Ave, Malvern, PA 19355 for payment of any charter air package refunds as defined by the agreements. Under these agreements, unless you file a claim with Vacation Express [or with the bank as set out above] within 60 days after termination of your charter flight by the charter operator, Vacation Express and the bank shall be deemed released from all liability to you. Make all checks payable to WSFS Vacation Express Escrow.
6: Designated Carrier and Equipment
Flights are scheduled to be operated by VivaAerobus A320 aircraft.
7: Aircraft and Flight Times
Flight times are not guaranteed and are subject to change. It is your responsibility to confirm your flight time with your carrier. Nonstop and single plane service are not guaranteed. International flights are subject to the respective foreign governments granting landing rights for the flights. If the air carrier cannot obtain these rights, the flight will be canceled and a full refund will be made to you automatically in the form of original payment. The air carrier and/or Vacation Express reserve the right to substitute other aircraft/airlines if necessary.
Meal and beverage service is at the discretion of carrier and alcoholic beverages are generally not included. In the event of a flight delay related to weather, traffic or an Event of Force Majeure (as defined below), it may not be possible for the airline to provide meals and/or accommodations.
Should a customer wish to book their own flights, all flight reservations, including connections, are made at your risk and you assume the cost of any loss in the event of a change to the flight arrangements that may require you to change your connecting flight(s). Vacation Express cannot be held liable for damages or additional fees incurred by passengers due to a missed flight connection for whatever reason.
Vacation Express does not accept responsibility for lost wages, missed vacation time or any other additional expenses incurred as a result of changes in flight times.
8: Charter Operator Cancellations
Charter flights will not be canceled by Vacation Express less than 10 days prior to scheduled departure unless circumstances make it physically impossible to operate the flight. In the event of a cancellation and Vacation Express cannot re-accommodate you on another flight, all passengers will receive a full refund within 14 days.
9: Hotel Substitution and Description
Subject to Section 10, Vacation Express reserves the right to substitute any hotel for any reason. Vacation Express assumes no liability for hotel overbookings resulting in inconvenience and/or substitute accommodations being provided, whether of a similar or lesser quality and location. Description of services included and rates are based on inclusions/prices at print time and are subject to change without notice. Vacation Express will not be responsible or liable if any of the services, features or facilities described on this website or in the brochure cease to be available or fail for any reason. Any resort credits provided by a hotel are provided at the hotel's sole discretion and are subject to the hotel's terms and conditions. Vacation Express shall not be held responsible for the use or non-use of the resort credits.
We assign hotel star ratings based on a number of factors, including our opinion regarding location, amenities, and facilities relative to the general standards of the destination, as well as feedback from customers and staff. These ratings may differ from other published ratings. Our hotel star ratings are not a representation or promise of any particular feature or amenity.
Please be advised that, while conditions may not always be the same as those at home, particularly with regards to food, electricity, water supplies and private toilet facilities, Vacation Express staff, agents and/or affiliates have inspected all of the hotels described on this website to ensure acceptable standards. As the health and well-being of guests and staff are a hotel's top priority, precautionary actions may be taken by the hotel during your stay (including, but not limited to, compliance with all governmental agencies or entities' directives, orders, regulations, guidelines and/or advisories, use of social distancing and/or masks, temperature screening, reduction in amenities, immediate disclosure to the hotel of symptoms and/or knowledge of possible infection, personal hygiene, self-isolating and quarantining and any other orders or directives issued by the service provider or any applicable agencies or entities of any federal, provincial, state or local governments) to prevent exposure to illnesses, viruses and/or diseases. You agree that you must follow all such health and safety measures. Vacation Express strongly recommends that you contact the hotel directly for the most up-to-date information.
All hotels undergo routine maintenance and renovation both in the low and high seasons. At brand new hotels, some facilities may not be fully functional and landscaping and other finishing touches may be ongoing during your stay. If we are advised that significant work at your hotel will be in progress during your stay or any major facilities will not be available we will try to advise you prior to your departure. Topless sunbathers may frequent some resorts, the control of whom is beyond the authority of the resort. The hotel cannot accept responsibility for the behavior of other guests/groups or the withdrawal of services or facilities due to cultural and political events or holidays. These circumstances are usually regulated by local governments and as such are beyond the control of either Vacation Express or the hotel. Most hotels offer international satellite TV which differs from American satellite TV. The number of English channels will vary by country and by hotel. Ocean view rooms can consist of a full or partial view of the ocean and can differ by property. Not all rooms designated as "ocean view" will offer a full or direct view of the ocean. Minimum age restriction for customers can vary per hotel per destination. It is recommended that travelers inquire at time of booking.
10: Major Changes
A major change consists of:  change in departure or return dates [unless the result of a flight delay];  a delay of more than 48 hours;  a change in the origin or destination city;  a change in hotel accommodations to a property that is not named in any Vacation Express or affiliated companies brochure, website or other media; or  a price increase occurring more than 10 days prior to departure that increases the price paid by more than 10%.
Notice of a major change or cancellation must be given to all travelers at least 10 days prior to departure or within 7 days of Vacation Express obtaining knowledge of the change or cancellation. If Vacation Express becomes aware of a major change less than 10 days prior to your scheduled departure, Vacation Express will notify you or your travel agent as soon as possible. If you are notified of a major change that you are unwilling to accept, you will have 7 days to cancel without charges [but not later than the departure date] and a full refund will be made within 14 days of your cancellation, in the original form of payment. If notification of a major change is received after departure, you may reject the major change and receive a pro-rated refund of the package price for the portion of the trip that you reject. All flights are subject to DOT approval.
Passengers traveling outside the United States are required to carry proof of citizenship. All U.S. citizens must have a valid U.S. passport. Passport cards are not valid for travel to Mexico and the Caribbean. The passport must be valid for six months after the return date of your travel. Minors 17 and under traveling alone or with a single parent may be required to have additional documentation on international flights. It is your responsibility to secure the current requirements for your particular itinerary and carrier.
At time of posting, Dominican Republic law requires that children under 18 on the day of departure traveling with an adult or guardian other than their parent, present a written, notarized authorization letter from the parent[s] giving consent for the minor to leave the country.
In accordance with stricter security measures, it is required that all married passengers whose last name differs from their identification credentials must also provide a copy of their Marriage License Certificate upon check-in for all international flights.
Non-U.S. citizens, to include permanent resident card [U.S. Green Card] holders, Travelers must check with the consulate of their intended destination, U.S. authorities and the air carrier[s] to obtain information on required documentation for entry to the destination and re-entry to the U.S.
The above information regarding documentation is subject to change. It is your responsibility to obtain current requirements needed for your carrier and destination. Vacation Express will not be liable for passengers' denied boarding, entry or re-entry due to lack of proper documentation and such passengers will not be entitled to a refund.
12: Customs and Immigration
Customs and/or immigration officials can deny a person, or persons, whether they are residents or visitors, entry (or re-entry) into their country at their own discretion. A previous criminal record could be an obstacle in international travel. Vacation Express cannot be held responsible for denied entry under any circumstances.
Vacation Express recommends that travelers contact the Center for Disease Control or health provider for specific vaccinations, information for travelers with disabilities and timely updates for other health news. Vacation Express will not be liable for your failure to meet the required health regulations in order to complete your travel arrangements.
Baggage allowance is 50 pounds [one checked bag at 50 pounds, plus one carry-on not to exceed 45 inches in combined overall dimensions] per paying passenger for most trips. Most carriers now charge for luggage, so please check with the carrier on your reservation. Limitations on checked baggage [not to exceed 50 pounds] may apply during peak travel seasons so please check with your carrier. Any overweight or oversized luggage [larger than suitcase size] will be carried, if at all, subject to load restrictions and at additional charges by the carrier.
For international flights the air carrier's liability is limited to the limitations set out in the Montreal Convention. The air carrier's liability excludes cloth, canvas, vinyl, and soft-sided, or fragile baggage, jewelry, cameras, and photographic equipment, electronic equipment, cash, medicine, sporting equipment, and other valuable or fragile items. All claims are subject to proof of amount of loss, and, to preserve the passenger's rights, should be presented directly to the carrying airline in writing immediately upon discovery of the claim and prior to leaving the airport terminal. No baggage claim will be accepted after baggage has been removed from the terminal building at the airport. Oversized/non-standard checked baggage will be carried based on space availability on the aircraft.
15: Travelers with Disabilities
Travelers with disabilities who will require special services or assistance while traveling, including handicap adapted rooms and/or wheelchair accessible rooms, must advise Vacation Express at the time of booking. In order to ensure that you are properly assisted, we request that you advise of any and all specific needs that you may have. The hotel or Vacation Express cannot be held responsible for non-fulfillment of any special needs request whatsoever. Please note that additional costs may be applicable for some or all of the services requested. Please note that some foreign destinations may not define or provide for wheelchair access in the same fashion that we are accustomed to at home and that some hotels may not be able to guarantee or confirm handicap adapted or wheelchair accessible rooms prior to departure. Please contact us at 404-321-7742 for further assistance.
16: Departure Tax
Must be paid upon departure from your destination and generally ranges from $15-$35 per person unless pre-collected by Vacation Express. Tax amounts vary by destination and are subject to change. Some destinations require the purchase of a tourist card upon arrival - in lieu of departure tax. Please note that except as otherwise stated on Vacation Express' website or as advised by Vacation Express, departure taxes from your destination are included in most vacation packages. Please note that all locally paid departure taxes and travel related fees are non-refundable.
17: Hotel Environment Fee
Some hotels in the Cancun, Riviera Maya, Isla Mujeres and Cozumel areas of Mexico charge an environment fee at check-in. The fee will be approximately $1.21 per room, per night. Fees are subject to change without notice and are payable at the hotel.
18: Airport Check-In
Check-in commences approximately three hours prior to departure and we highly recommend that you check-in at this time. For cut-off/check-in deadlines, please check with your carrier. You are required to have obtained your boarding pass and to have presented all checked baggage before the carrier's cut off/check-in deadline. For security reasons, you will be denied boarding if you have not checked in within that time. For charter flights, you must check-in a minimum of one hour prior to scheduled departure, otherwise you will be denied boarding. Passengers must be available at the boarding gate by the boarding gate deadline time noted on your boarding pass. Failure to respect the deadline may result in the reassignment of any pre-reserved seats [refunds not applicable] and the cancellation of your reservations.
Please note that Vacation Express will not provide refunds or compensation for unused seating upgrades or provide any compensation as a result of a passenger being denied boarding. Should you be denied travel, it is your responsibility to make alternate arrangements. It is your responsibility to arrive at the airport on time and following check-in, to proceed to the correct departure gate by the time specified on your boarding pass. Vacation Express cannot be held responsible if you miss your flight by failing to comply with these requirements.
19: Hotel Check-In and Check-Out Conditions
The check-in time for most hotels is 3:00 pm and check-out time can be as early as 11:00 am, regardless of your arrival or departure times. Please refer to your hotel accommodation voucher for actual check-in and check-out dates as this may differ from your departure and return date. Check-in policies differ by hotel and will therefore vary. Many hotels will offer hospitality areas for travelers who may be without their room for some time; however this arrangement is solely at the discretion of the hotel. Travelers wishing to make arrangements for a late check-out and baggage storage must arrange this service directly with the hotel. We do not accept responsibility for any inconvenience or loss arising from these types of arrangements. Some hotels may require you to leave a credit card imprint or cash deposit upon check-in to provide security for miscellaneous charges such as telephone calls.
20: Responsibility, Limitation of Liability and Indemnification
Each of Vacation Express, its agents and subagents' act as an agent for you in relation to travel services and/or products purchased by you including, but not limited to, accommodations, transportation [including, but not limited to, ground and air transportation], and tours. Vacation Express makes no guarantees or warranties, express or implied, regarding any such services. This includes, but is not limited to transfers, flights, cruises, tours, services and accommodations purchased or provided, as well as other features listed or not listed in these Terms and Conditions and/or your itinerary.
All of these travel services and/or products purchased by you and provided in your itinerary are furnished by independent contractors over which Vacation Express and its agents and subagents exercise no control. Although Vacation Express has taken reasonable steps to ensure proper arrangements are in place for your travel plans, we cannot be held responsible for the acts or omissions of such independent contractors [including, but not limited to, delayed opening of hotel accommodations and any related relocations as a result of such delay. In such cases, you will be responsible for all costs and damages in connection with such delay and relocation including, but not limited to, airline fees and accommodation costs]. Vacation Express will not issue any refunds and shall not be held responsible for any claims, losses, damages, costs or expenses arising out of personal injury or death, loss, damage or delay of baggage or other property, delay, loss of enjoyment, inconvenience, upset, disappointment, distress or frustration whether physical, emotional or mental, resulting from or arising out of any of the following:
- Any act or omission (including, but not limited to, inability or failure to provide services and/or products) by any customer, supplier or third party including, but not limited to, the airlines, transportation companies, coach tour operators, car rental organizations, excursion providers, hotel/resort properties, or anyone for whom such suppliers or third parties may be in law responsible;
- An act of God or Event of Force Majeure;
- Equipment failure;
- Sickness/illness (including, but not limited to, contracting food-borne illnesses, viruses, diseases, etc.), family emergencies, theft or any other circumstance affecting you beyond our direct control;
- Failure of the passenger to obtain the necessary documentation or meet the required health regulations in order to complete their travel arrangements;
- Failure of the passenger to follow instructions including, but not limited to, airport departure times, baggage handling and check-in time frame stipulated by Vacation Express in these Terms and Conditions on the day of departure whether due to missed connections, adverse weather conditions, mechanical failures or any other reason whatsoever;
- Voluntary participation in an optional tour, excursion or activity;
- The need for us to cancel services, change itineraries or substitute accommodation or services, provided that efforts are made to supply comparable services and accommodations available; or
- Cancellation of an optional tour, excursion or activity.
Vacation Express, its parent, subsidiaries, affiliates, agents, subagents, suppliers and each of their respective officers, directors, employees, agents and representatives' liability for any loss, damage or injury, whether to property, physical or mental, arising from their own acts, omissions or negligence, is limited to the amount you paid to Vacation Express for the services with respect to which you are claiming.
The sole and exclusive responsibility and liability of any airline used in Vacation Express' services shall be in accordance with and limited by the contract of carriage on your ticket, the applicable tariffs, and the provisions of the Warsaw Convention or Montreal Convention, as applicable.
The customer agrees to indemnify and save harmless Vacation Express, its parent, subsidiaries, affiliates, agents, subagents, suppliers and each of their respective officers, directors, employees, agents and representatives against any liability, actions (including legal fees), claims, losses, costs and damages, which Vacation Express may incur, sustain or pay arising out of or in connection with the customer's acts or omissions, in relation to any incident alleged to have occurred in destination and/or in relation to services provided by Vacation Express.
21: ACT OF GOD/FORCE MAJEURE
Vacation Express, its parent, subsidiaries, affiliates, agents, subagents, suppliers and each of their respective officers, directors, employees, agents and representatives do not assume liability for any loss, damage or injury of any nature in whole or in part resulting from an act of God or any other force majeure condition including without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, flood, explosion, water or power shortages or failures, storms or hurricanes, riots or civil commotions or disturbances and any other acts of similar nature, sabotage, arrests, strikes, boycotts, picketing, lockouts or other labour disruptions, inability or failure of a third party service provider to provide services and/or products, restraints of rulers or peoples, expropriations, acts of terrorism, public enemies, war, invasion, insurrection, national emergency, epidemics, pandemics, quarantine restrictions, government health advisories or warnings or alerts of any kind or nature, government seizures, any laws, rules, proclamations, regulations, orders, declarations, advisories, actions, interruptions or requirements of or interference by any government or governmental agency thereof, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, any other unforeseen circumstances in any country in the world or any other cause or causes of any similar nature that impacts negatively on or hampers its ability to fulfill any of its contractual conditions (all of the foregoing being herein referred to as an "Event of Force Majeure"). In the event that any of these conditions apply, Vacation Express shall be excused, discharged or released from its performance to the extent such performance is so limited or prevented, without liability of any kind and Vacation Express' non-performance shall not be deemed a breach of these Terms and Conditions. In such case, Vacation Express' obligations hereunder shall be extended to the extent of any delay resulting from the Event of Force Majeure and a full refund will not be granted.
22: Methods of Contact
You authorize Vacation Express to contact you from time-to-time via e-mail, phone or text message at the e-mail address or telephone number[s] provided by you when booking your reservation. Please note that message and data rates may apply. The purpose of the communications is to discuss the status of your travel products and/or services purchased by you, to tell you about additional products and services for which you may qualify and other business purposes. You may withdraw your consent at any time.
23: Post Travel Concerns
Any claims for refund or post-travel concerns must be sent to your travel agent in writing [with receipts or supporting documents] within 30 days of your return. If you booked directly with Vacation Express, any claims for refund or post-travel concerns must be sent in writing [with receipts or supporting documents] within 30 days of your return to Vacation Express, 3500 Piedmont Rd, Suite 600, Atlanta, Georgia 30305 USA, or faxed to 404-248-1237 Attention: Customer Service. Unused tour documents and components [whether voluntary or caused by airline delay or cancellation] are non-refundable. No responsibility is accepted for expenses or lost travel time incurred due to delay, aircraft reroute, change in schedule or any other causes. Vacation Express offers refunds under these Terms and Conditions with the express understanding that the receipt of that refund by a traveler waives any additional remedies. All requests for refunds must be sent in writing, certified mail, return receipt requested. Postmark date determines date of notification.
These Terms and Conditions are binding upon all customers included in the itinerary and such customer's family, dependants, estate, heirs, successors and legal personal representatives.
In the event any paragraph of these Terms and Conditions shall be declared invalid or void by any court, such declaration shall not invalidate the entire agreement and all other paragraphs of these Terms and Conditions shall remain in full force and effect.
The parties agree any claim or litigation arising out of or relating to this these Terms and Conditions, or the breach or validity thereof, shall be brought in Fulton County, Georgia, the location of Vacation Express' corporate offices, and the governing law shall be the laws of the State of Georgia. You agree that in the event that any civil proceeding, arbitration, mediation or action of any kind, is commenced by you against Vacation Express or any of its agents, affiliates, officers, assignees or employees, the limit on any damages [which includes but is not limited to damages, interest, court costs, attorney fees, expenses of litigation, and punitive damages] shall be the amount you paid Vacation Express for the services which is the subject matter of these Terms and Conditions.
By making a reservation to purchase a vacation product from Vacation Express you, the customer/passenger, hereby acknowledge that you have read and accept the Terms and Conditions contained herein. Furthermore, when making a reservation for a Vacation Express product on www.vacationexpress.com, you agree that you are solely responsible for such reservation. You also confirm that as the booking or instructing passenger, you have the legal capacity and authority to book travel services on behalf of yourself and of other persons named in the invoice and itinerary. It is you who will keep your travel agent or Vacation Express informed of any changes to your travel plans or contact information.