These terms and conditions (“Terms and Conditions”) govern the relationship between
Orchestral Light LLC d/b/a Orchestral Light (“Orchestral Light” and/or “we/us/our”) and
you, the purchaser and/or traveler (“Client” and “passenger” and “you/your”). By
planning travel with Orchestral Light, you agree to be bound by these terms and
acknowledge that Orchestral Light acts solely as a booking agent for disclosed principal
supplier tour operators, cruise lines, hotels, airlines, air charters, bus companies,
ground transportation, boat purveyors or owners, and other independent contractors
providing accommodations, transportation, and other services (“Supplier(s)”) and is not
the source or provider of the travel services. These terms include warranties and
disclaimers and exclusions of liability and may restrict your rights and remedies and
provide protection to Orchestral Light.
1. USE OF ORCHESTRAL LIGHT SERVICES, ACCESS AND INFORMATION
FOR TRAVEL BOOKINGS
You warrant that you are at least 18 years of age and possess the legal authority to
enter into this Agreement and to make travel bookings with Orchestral Light. You agree
to be financially responsible for all of your travel bookings made on behalf of yourself
and any member of your traveling party and warrant that all information supplied by you
on behalf of yourself, members of your household, or others for whom you are
authorized to transact business with us is true and accurate. You agree that you will only
make legitimate reservations or purchases with Orchestral Light and its Suppliers, and
acknowledge that, without limitation, any speculative, false, or fraudulent reservation is
prohibited.
All bookings are accepted by Orchestral Light as agent for the travel Suppliers on your
itinerary. Separate Supplier terms and conditions will apply to your reservation and
purchase of travel-related goods and services that you select, and you understand and
agree to abide by the terms and conditions of purchase imposed by any Supplier that
you have selected as a service provider on an itinerary you have approved.
1. PAYMENTS AND CANCELLATIONS
You shall be completely responsible for all charges, fees, duties, taxes, and
assessments arising out of your travel bookings through Orchestral Light. By submitting
a credit card authorization form to Orchestral Light, you agree to allow Orchestral Light
to use your payment method to purchase travel products from our Suppliers on your
behalf. EXCEPTING IN CASES OF FRAUD, YOU AGREE NOT TO FILE ANY
DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE
ANY BOOKING TERMS AND CONDITIONS OF ORCHESTRAL LIGHT OR ITS
SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR
ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF ORCHESTRAL
LIGHT OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR
RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, ORCHESTRAL LIGHT
RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND
EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR
RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
All payments for travel are due prior to departure according to each Supplier’s terms
and conditions of booking. You understand that failure to make final payment or any
violation of a Supplier’s conditions of purchase may result in cancellation of your
reservations, in your being denied access to any flights, tours, hotels, cruises, or other
travel services, or in your forfeiting any monies paid for your reservations. In some
cases, there is NO REFUND once a booking is made and under deposit. You may not
be entitled to a refund if you change or cancel your travel plans after confirmation of a
booking. All cancellation requests must be sent to Orchestral Light in writing. As a result
of cancellation, Orchestral Light's and third-party Supplier’s cancellation penalties will
apply. Cancellation fees will be charged to the credit card or other payment method you
authorized to pay for travel services or deducted from the Supplier’s refund.
1. TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE
IDENTIFICATION REQUIREMENTS
It is the responsibility of each Client to obtain and carry a valid passport, visa(s), and all
other documents required by applicable government regulations. When traveling
domestically or internationally, the U.S. Transportation Security Administration (TSA)
and U.S. Department of Homeland Security (DHS) advise that everyone carry
acceptable identification in order to board a flight. Acceptable identification can be found
at http://www.tsa.gov/traveler-information/acceptable-ids; examples are DHS-
designated enhanced driver’s license, Passport, a foreign government passport. 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 ticket(s) and booking records. You
acknowledge any failure to strictly comply with these requirements may result in denied
boarding or an undue delay at an airport security checkpoint causing Client to miss
flight(s), and subsequent scheduled travel bookings on cruises and tours.
WHEN YOU RECEIVE ANY AND ALL TRAVEL DOCUMENTS, IT IS YOUR
RESPONSIBILITY TO REVIEW AND VERIFY ALL INFORMATION FOR ACCURACY.
CONTACT ORCHESTRAL LIGHT IMMEDIATELY IF CHANGES OR CORRECTIONS
ARE REQUIRED.
Orchestral Light strongly recommends that you take into account that certain countries
will not admit a passenger if their passport expires within six (6) months of the
anticipated date of return. Non-United States citizens may require additional
documentation. Client is responsible to make Orchestral Light aware when traveling on
a passport from a country other than the United States of America. Orchestral Light
neither controls nor warrants the issuance of visas or approval of visa waivers related to
your travel. Should a visa not be issued, Orchestral Light is not responsible for lost
payments made toward the contemplated trip. Please note that rules of each country
regarding entry and exit change on a daily basis.
Children and infants also require travel documents. Minors traveling with one parent,
and/or without both parents, may be stopped and not admitted, unless authenticated
and verified consent forms are provided to the authorities; please see
https://help.cbp.gov/s/article/Article-3643 for additional information. The U.S. Customs
and Border Protection Agency requires that for groups of children under age 19 arriving
to the United States by land or sea from contiguous territory and traveling with a school
group, religious group, social or cultural organization, or sports team, may also present
an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a
Naturalization Certificate. Parental or legal guardian consent must be provided to the
supervising adult/Group Leader in writing.
1. INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each country holds different views of past criminal offenses, whether within or outside of
their boundaries. If you have a current or prior criminal offense, contact that country
directly for entry and exit requirements. You can visit the US State Department Website
for further information about these requirements. See,
https://travel.state.gov/content/travel.html. We do not inquire about an individual’s
criminal record in the interest of respecting our Clients’ privacy. For example, if traveling
to or through Canada, individuals with a Driving While Intoxicated (DWI) record should
review current entry requirements. See: https://www.canada.ca/en/immigration-
refugees-citizenship/services/immigrate-canada/inadmissibility.html.
1. HAZARDOUS MATERIALS
Federal law prohibits passengers from bringing hazardous materials on the aircraft.
(1) Federal law forbids the carriage of hazardous materials aboard aircraft in the
passenger’s luggage or on the passenger’s person. A violation can result in five years’
imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous
materials include explosives, compressed gases, flammable liquids and solids,
oxidizers, poisons, corrosives and radio- active materials. Examples: Paints, lighter
fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals.
(2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal
and toilet articles carried in the passenger’s luggage and certain smoking materials
carried on the passenger’s person. For further information, each passenger should
contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous
materials are listed http://www.tsa.gov/traveler-information/prohibited-items.
1. INSECTICIDE NOTICE
We recommend that you refer to the DOT list of airports in countries that require airlines
to treat the passenger cabin with insecticides prior to the flight or while on the aircraft.
This list is on the DOT’s website and is updated from time to time:
http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
1. HEALTH/IMMUNIZATIONS
You must have the proper immunizations and health screenings and required
documentation of such immunizations and screenings before travel. Orchestral Light
shall not assume responsibility for the accuracy of health, vaccination, or documentation
prior to departure or upon landing at the final destination. In some cases, required
inoculations must be recorded by Client’s health practitioner on a valid vaccination
certificate, which the Client must carry for proof of inoculation. If you are concerned
about taking any medications or receiving certain inoculations, check with your health
practitioner BEFORE booking. Check the State Department Web site
http://travel.state.gov, for relevant information relating to travel to specific destinations,
and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues
related to travel.
1. AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN
Your airline ticket is a contract between you and the air carrier, even if you purchase
through Orchestral Light. If you purchase air travel through Orchestral Light, you
acknowledge and agree that Orchestral Light does not have the right to control the
operations of independent airlines, and agree that Orchestral Light is not liable for any
personal injury, property damage related to your purchase of air tickets or air travel,
including, but not limited to any act, error, omission, injury, loss, accident, or delay
caused by any act, error or omission of the airline, including their failure to deliver
services, partial or inadequate delivery of services, airline policies including refund or
rebooking policies, fees for checked or carry-on luggage, fuel increases, bankruptcy or
cessation of operations.
You understand and agree that Orchestral Light functions solely and exclusively as a
booking agent for the air carrier, that we do not handle or hold client funds for airline
tickets, and that we are not the Merchant of Record under the meaning of that term
under the Department of Transportation's regulations. Because Orchestral Light does
not hold or handle client funds, you understand and agree that any refund for cancelled
or delayed flights, baggage fees or seat assignments must come directly from the airline
and not from Orchestral Light.
Orchestral Light shall not assume any responsibility for any air schedule changes. In
rare instances, upon departure from a country, certain departure taxes must be paid in
cash only and may vary in price. Failure to use a reservation may result in automatic
cancellation of all continuing and return flights, as well as forfeiture of airfares.
Airline e-tickets expire a year from issue date unless carrier fare rules in passenger’s
itinerary fare provides otherwise. Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights.
Frequent Flyer mileage accrual is at the discretion of the airline(s). Orchestral Light has
no liability if accural of miles or points is denied or if upgrades are not allowed. Many
airlines do not permit upgrades on airfare purchased in certain fare classes or when
using frequent flyer miles, loyalty status or certificates.
Seat assignments are not guaranteed even after they are assigned, and Orchestral
Light has no control over airline seat assignments. Most airlines charge a fee to pre
book a seat.
1. RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY
We reserve the right to correct errors. In the event of any pricing error or omission, we
reserve the right to adjust such pricing or make any other corrections. All offers,
incentives and Supplier promotions are subject to availability and may change without
notice. Prospective Clients are advised to reserve early to avoid disappointment,
increases in fares and additional late booking fees.
1. UNUSED ARRANGEMENTS, MINIMUM PASSENGER REQUIREMENTS AND
ALTERATIONS TO BOOKINGS
When tour, cruise or package prices are based on Suppliers’ contract rates, you will not
be entitled to any refund for any unused portion of travel.
Some group tours are based on minimum numbers of passengers traveling; if the
number of passengers falls below the minimum required, a surcharge may be imposed,
or the tour may be canceled. Any cancellations of a tour or package for reason of failing
to meet the minimum traveler requirement will be governed by the tour operator’s
cancellation policy.
If you decide to change any portion of your confirmed arrangements prior to departure
or during your trip, we will attempt to assist you. Certain bookings may not be able to be
changed. All requests for changes to a booking must be made in writing to Orchestral
Light.
The Supplier may determine that alterations in itinerary are necessary for any number of
reasons, including but not limited to severe weather. Any alterations to an itinerary are
at the sole discretion of the Supplier, and Orchestral Light bears no responsibility for any
changes.
1. LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
Orchestral Light acts solely as a booking agent for disclosed principal Suppliers and is
not the source or provider of any travel service. Each Supplier is an independent entity
with its own management and is not subject to the control of Orchestral Light. The
Suppliers whose names appear in travel documentation are those actually responsible
for providing the travel services purchased, and you consent to the use of those
Suppliers.
BECAUSE ORCHESTRAL LIGHT ACTS AS AGENT FOR DISCLOSED PRINCIPAL
SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS
OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE THAT
ORCHESTRAL LIGHT IS NOT LIABLE FOR ANY PERSONAL INJURY OR
PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES.
ORCHESTRAL LIGHT HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT
LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES IN CONNECTION WITH THE GOODS OR
SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH
ORCHESTRAL LIGHT, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT,
ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH
MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS,
OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR
THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES,
INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR
PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR CANCELLATION AND
REFUND POLICIES, FUEL INCREASES, BANKRUPTCY, OR CESSATION OF
OPERATIONS AND OTHER MATTERS OUTSIDE OF ORCHESTRAL LIGHT’S
CONTROL, AND YOU HEREBY EXONERATE ORCHESTRAL LIGHT FROM ANY
LIABILITY WITH RESPECT TO THE SAME.
ORCHESTRAL LIGHT HAS SOLELY RECEIVED COMMISSION AND FEES FOR
TRAVEL TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY
RECOVERY FROM ORCHESTRAL LIGHT WILL BE LIMITED TO THE AMOUNT OF
COMMISSION AND FEES ACTUALLY RECEIVED BY ORCHESTRAL LIGHT.
We may book wellness travel for clients, which may include yoga, meditation, medi-spa,
and other activities, treatments and services intended to maintain, manage, or improve
travelers’ health and well-being (“Activity” or “Activities”) We have no specialized
knowledge of the practices or techniques employed by our Suppliers, and make no
representations of the qualifications of the professionals and practitioners who offer
these Activities. We make no representations that by participating in these Activities
there will be any demonstrable improvement in your physical, mental, emotional, or
spiritual well-being. We are not responsible if your participation in these activities leads
to a worsening of any condition you may have. We are not responsible for any injuries
you may sustain, illnesses you may contract, including injuries or illnesses that may
result in loss of life. You acknowledge that you are voluntarily participating in the
Activities on your itinerary, and that you understand that there are risks associated with
your participation in the Activities, such as physical and/or psychological injury, pain,
suffering, illness, disfigurement, temporary or permanent disability, death or economic
loss. These injuries or outcomes may arise from your own or other’s actions, inactions,
or negligence, or the condition of the Activity location(s) or facility(ies). Nonetheless, you
assume all risks of my participation in the Activity, whether known or unknown to you,
including travel to and from the Activity (including air travel) or any events incidental to
the Activity.
1. RISKS/SAFETY
Travel to certain destinations may involve greater risk than others. Orchestral Light
urges Clients to remain informed on a daily basis as to current news events, as well as
to review travel prohibitions, warnings, announcements and advisories issued by the
United States Government prior to booking travel to international destinations.
Information on health and safety conditions in various countries and the level of risk
associated with travel to particular international destinations can be found at
http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov,
http://www.cdc.gov, and http://www.cbp.gov. The Smart Traveler Enrollment Program
(STEP) is a free service provided by the U.S. Government to U.S. citizens who are
traveling to, or living in, a foreign country. STEP allows you to enter information about
your upcoming trip abroad so that the Department of State can better assist you in an
emergency. Registration is recommended and provided by going to
https://step.state.gov/step/.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS,
ORCHESTRAL LIGHT DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO
SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE
FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO
SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE
OF SUCH EVENTS AT CLIENT’S OWN RISK.
In the event of emergent health or safety concerns, once Orchestral Light has
investigated the prevailing situation, Orchestral Light shall have the sole and absolute
discretion whether to proceed with any Orchestral Light escorted trip or private
departure, or to make alterations to the itinerary.
1. FORCE MAJEURE
Orchestral Light will not be in breach of these terms and conditions or otherwise be
liable to you, for any failure or delay in performing an obligation under this Agreement
that is due to any of the following causes, to the extent beyond its reasonable control:
acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil
commotion, breakdown of communication facilities, including web host and internet
service provider, breakdown or malfunction of equipment, destruction of or serious
damage to facilities, natural catastrophes including, but not limited to extreme weather
events, floods and volcanic eruptions, governmental acts or omissions, changes in laws
or regulations, national strikes, fire, explosion, generalized lack of availability of raw
materials or energy, and any other unforeseen circumstance which is beyond the control
of Orchestral Light. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY
RECOMMENDED ON ALL TRIPS.
In addition, each of Orchestral Light’s Suppliers have terms and conditions which
include Force Majeure provisions. In the event that a Force Majeure event occurs, those
Suppliers may be entitled to, and may in their sole and absolute discretion, vary,
postpone or cancel any itinerary or arrangement in relation to the trip. Payment of any
refund to you as a result of the non-performance of any obligations hereunder shall
remain in the sole and absolute discretion of the Supplier, pursuant to their policies,
although Orchestral Light shall use its reasonable efforts to secure reimbursement for
you where possible.
1. CLIENT CONDUCT
Each participant in any trip escorted by Orchestral Light is expected to act responsibly
and adhere to all behavior guidelines established by Orchestral Light and our Suppliers.
Orchestral Light and all local Suppliers reserve the right to remove you from any facility,
hotel or resort property, tour location or means of transportation if your health or your
conduct appears to endanger yourself or others, disrupts the general well-being of other
clients on any element of your trip, or interferes with the operation or security of the
places we visit. In any such case, there will be no refund.
When you book with Orchestral Light, you accept responsibility for any damage or loss
caused by you. Full payment for any such damage or loss (reasonably estimated if not
precisely known) must be paid directly at the time to the accommodation owner or
manager or other Supplier. You must indemnify us for the full amount of any claim (also
including legal costs) made against us. We are not responsible for any costs incurred
concerning a guest removed from a trip, or any portion of a trip. You agree not to hold
Orchestral Light or any of its related entities liable for any actions taken under these
terms and conditions. Baggage and personal effects are at all times the sole
responsibility of the participant.
1. TRAVEL INSURANCE
ORCHESTRAL LIGHT OFFERS ACCESS TO TRAVEL INSURANCE TO PROTECT
PASSENGERS AND THEIR INVESTMENT IN TRAVEL. UNLESS SPECIFICALLY
NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CLIENT’S
ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER
DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED
CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY
TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL
EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS
PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY,
TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER
INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL
CIRCUMSTANCES. Without appropriate travel insurance, Client understands and
agrees that if Client cancels or interrupts Client’s travel for any reason, portions of the
trip/tour may not be refunded and Orchestral Light’s and travel Suppliers’ cancellation
penalties will apply resulting in the loss of monies up to the full cost of Client’s travel
booking and related costs. The purchase of travel insurance is not required in order to
purchase any other product or service offered by Orchestral Light, however if you
decline to purchase insurance, Orchestral Light will require that you execute an
insurance waiver. Orchestral Light is not a licensed insurance broker, and its advisors
are not qualified or authorized to answer technical questions about benefits, exclusions,
and conditions of any of the insurance offered, nor evaluate the adequacy of the
prospective insured’s existing insurance coverage. An additional charge applies for any
travel insurance selected. ORCHESTRAL LIGHT CANNOT GUARANTEE THAT ANY
INSURANCE PROVIDER WILL APPROVE COVERAGE FOR A CLAIM MADE UNDER
THE INSURER’S POLICY AND MAKES NO REPRESENTATIONS ABOUT THE
EXTENT OF COVERAGE FOR ANY POLICY IT MAY OFFER OR QUOTE.
1. RESERVATION OF RIGHTS, CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to change these Terms and Conditions at
any time. Updated versions of the Terms will be provided to Clients, will be posted on
our website and are effective immediately on posting.
1. GENERAL
The laws of the State of Georgia govern these Terms and Conditions. You hereby
consent to the exclusive jurisdiction and venue of courts in Glynn County, Georgia in all
disputes arising out of or relating to travel bookings with Orchestral Light.
If any part of these Terms and Conditions is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein)
constitute the entire agreement between the Client and Orchestral Light with respect to
travel bookings made with Orchestral Light by any means, and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or written,
between Client and Orchestral Light with respect to communications with Orchestral
Light. A printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or relating to
these Terms and Conditions to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in printed
form.
TropiGal Travel is registered with the State of Florida as a Seller of Travel. Registration
No. ST44606. Orchestral Light LLC is an Independent Affiliate of TropiGal Travel LLC.