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PARTICIPANT AGREEMENT w/ TERMS & CONDITIONS

This Participant Agreement (“Agreement”) outlines the terms and conditions between Maisanté Travel Design LLC ("Maisanté Travel Design," "we," "us," or "our") and you ("Participant," "you," or "your") regarding your travel arrangements. Payment of a deposit or trip fees constitutes your acceptance of these terms. Travel documents will not be released until Maisanté Travel Design receives a signed copy of this Agreement.

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1. Trip Costs, Inclusions, and Exclusions

 

Trip Pricing

  • Quoted Prices: Prices include personalized planning and operational charges and are based on current rates of exchange, airfares, tariffs, and taxes as of the itinerary issue date. Prices are valid for specified travel dates and based on double occupancy. Adjustments may occur due to foreign exchange fluctuations, airfare increases, or other factors.

  • Additions/Withdrawals: Changes in group size may alter pricing.

 

Inclusions

Trip costs generally include:

  • Accommodations and related taxes/service charges.

  • Meals as specified in your itinerary (B=Breakfast, L=Lunch, D=Dinner).

  • Regional and international transportation (if listed in the itinerary).

  • Airport, train station, or port transfers.

  • Government fees and handling charges.

  • Travel visas (if listed in the itinerary).

  • Full services of Maisanté Travel Design before, during, and after your trip.

 

Exclusions

Unless specified, the following are not included:

  • Private air charters, gratuities, alcoholic beverages, laundry, and personal expenses.

  • Visa fees not specified as included.

  • Optional tours and travel insurance.

  • Any items not explicitly listed in the “Inclusions” section of your itinerary.

 

2. Payments, Deposits, and Cancellation Policies

 

Design Fees

  • Design fees for customized vacations and cruises are non-refundable and non-transferable.

Payments

  • Payments are processed via TravelJoy using credit cards. For alternative payment arrangements, email info@maisante.com.

  • Full payment is due 45 days before departure. Late payments may result in cancellation.

Deposits

  • Deposits are required at booking and are non-refundable and non-transferable. The deposit amount and payment plan will be noted in your reservation.

Cancellations

  • Written Notice: All cancellations must be submitted in writing to info@maisante.com. Include your invoice number, full name, and travel date. If no acknowledgment is received within 48 hours, call (203) 807-8242.

  • No Refund Policy: All payments (deposits and installments) are non-refundable and non-transferable, even in cases of cancellation.

  • Supplier Refunds: If a supplier cancels a service, refunds will align with their policies.

  • Force Majeure Events: No refunds are issued for cancellations caused by events beyond Maisanté Travel Design’s control (e.g., natural disasters, pandemics, government actions).

Administrative Fees

  • A $250 administrative fee applies to changes in travel dates or destinations.

  • Allow 4-6 weeks for any applicable refunds.

 

3. Travel Documents and Identification

  • Document Issuance: Travel documents will only be issued after full payment and receipt of a signed Agreement. They will be sent 14 days before departure.

  • Identification: Reservations must match the full name on your government-issued ID or passport. Name changes after ticket issuance may incur fees.

  • REAL ID Compliance: Beginning May 3, 2023, travelers using state-issued IDs for U.S. flights must ensure they are REAL ID compliant. Visit www.tsa.gov/real-id for details.

  • Passports and Visas: Passports must be valid for at least 6 months after travel. Participants are responsible for obtaining required visas.

 

4. Travel Insurance

  • Strongly Recommended: Travel insurance protects against cancellations, medical emergencies, and other risks. Without insurance, all payments remain non-refundable.

  • Purchase Assistance: Maisanté Travel Design can assist you with purchasing travel insurance, but we are not responsible for answering technical questions or evaluating the adequacy of any insurance policies.

  • Proof of Insurance: If you choose to purchase travel insurance from a vendor not recommended by Maisanté Travel Design, you agree to provide proof of purchase.

  • Insurance Waiver: If you decline insurance, you must sign a waiver acknowledging full responsibility for any losses. Travel documents will not be issued until Maisanté Travel Design receives the signed insurance waiver.

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5. Additional Fees, Penalties and Polocies

Late Payments

  • A $50 late fee will be applied for payments not received within 3 days of the due date. Repeated late payments may result in cancellation without notice.

Reinstatement Fees

  • Cancelled reservations may be reinstated within 14 days for a fee of $100 ($200 for international trips).

Last-Minute Booking Fees

  • Reservations made less than 30 days before departure incur a $200 initiation fee ($500 during holiday periods).

Returned Checks

  • A $50 fee applies to returned checks.

Holiday Booking Fees

  • Requests for travel between December 20 and January 4 require an upfront $500 holiday booking fee.

Credit Card Transactions

  • Chargebacks: If a service provider cannot deliver contracted services, you must seek remedies directly with that provider, not Maisanté Travel Design. Chargebacks initiated againt Maisanté Travel Design may result in legal action.

  • Liability for Chargebacks: If Maisanté Travel Design incurs costs from chargebacks, including attorney fees, you agree to reimburse these costs. Payments owed due to declined credit cards must be settled immediately via money order or cash.

Prices

  • Prices are per person based on double occupancy unless otherwise specified.

  • Prices do not include personal expenses, optional services, or items not explicitly listed in the itinerary.

  • Price Adjustments: In the event of human or system errors, Maisanté Travel Design reserves the right to re-invoice for the correct price. Participants may cancel within five days of notification without penalty.

Single Travelers

  • Trip prices are based on double occupancy. Single travelers are required to pay a single supplement fee. This fee varies by trip and will be outlined in your reservation details.

Reservation Changes

  • Changes to reservations, including name corrections, itinerary adjustments, or service removals, incur a $50 change fee per person plus any supplier-imposed fees.

  • Airline Reservations: Name changes may require full cancellation and rebooking. Passengers will be responsible for penalties or additional charges imposed by the airline.

  • After departure, amendments are subject to local availability and costs payable directly to the service provider.

 

6. Participant Responsibilities

Health and Accessibility

  • Participants are responsible for selecting trips suitable to their physical abilities. Notification of accessibility needs must be provided before booking.

  • Some international destinations may not comply with ADA standards.

Travelers with Disabilities

Notification Requirement:

  • Passengers are required to advise Maisanté Travel Design of any accessibility needs prior to booking.

Accommodations:

  • Maisanté Travel Design will make reasonable efforts to accommodate special needs but does not guarantee availability or compliance, particularly for international travel.

Companion Assistance:

  • Tour managers, guides, and drivers cannot provide personal care assistance. Travelers requiring help must arrange for a companion to accompany them.

 

7.Group Harmony and Conduct

To maintain a positive and enjoyable travel experience for all participants, Maisanté Travel Design expects each traveler to act in a manner conducive to group harmony and synergy. By agreeing to these terms, you accept the following guidelines for conduct:

 

Code of Conduct

  • Participants must respect the rights, safety, and well-being of other group members, guides, and service providers.

  • Disruptive or inappropriate behavior, including but not limited to intoxication, drug use, harassment, or refusal to follow group schedules and instructions, is strictly prohibited.

Consequences of Disruptive Behavior

  • Right to Refuse Participation: Maisanté Travel Design reserves the right to accept, reject, or expel any participant deemed disruptive, incompatible, or detrimental to the group experience at any time, including during the trip.

  • Immediate Removal: If behavior is deemed harmful to the group, the individual may be immediately removed from the tour. This includes individuals under the influence of drugs or alcohol whose actions negatively affect the group dynamic or overall experience.

  • Expenses: Any additional costs arising from removal, including but not limited to cancellation fees, alternate travel arrangements, or early return home, are the sole responsibility of the removed participant.

  • No Refunds: All unused services, including accommodations, tours, and transportation, are non-refundable if a participant is removed due to misconduct.

Examples of Disruptive Behavior

  • Excessive tardiness that disrupts the group's schedule.

  • Verbal or physical harassment of group members, guides, or service providers.

  • Refusal to adhere to safety protocols or itinerary guidelines.

  • Actions that compromise the safety or comfort of the group, including intoxication or public disturbances.

Group Accountability

  • Participants agree to foster a respectful and cooperative atmosphere throughout the trip.

  • It is your responsibility to ensure personal conduct aligns with these terms to contribute positively to the overall group experience.

 

8. Airline Policies

Airline Tickets

  • Issuance: Airline tickets will be issued after full payment is received. Tickets are fully non-refundable once issued unless stated otherwise. If ticket issuance is required before the final payment due date, you may be required to pay a larger deposit or complete full payment.

  • Changes and Rebooking: Any name corrections or changes after ticket issuance may require full cancellation and rebooking, which will be subject to availability and additional fees.

Seat Assignments

  • Group Flights: Airline seat assignments for group flights are managed by the airline and may not be guaranteed. Economy class seating is standard unless otherwise arranged.

  • Special Requests: If you require upgraded seating, you may need to purchase flights independently and coordinate with Maisanté Travel Design for a land-only package.

Frequent Flyer Programs

  • Eligibility: Participants are responsible for contacting airlines directly to confirm mileage accrual eligibility. Some discounted or promotional fares may not qualify for full mileage or any mileage accrual.

  • Mileage Application: Provide your frequent flyer number when booking or at check-in to ensure accurate recordkeeping. Maisanté Travel Design cannot guarantee mileage accrual or retroactive application.

Contact Information

  • TSA Requirements: Participants must provide their full legal name (matching government-issued ID), date of birth, gender, and accurate contact information. Maisanté Travel Design is not responsible for denied boarding or missed flights due to incorrect or incomplete information.

Luggage

  • Checked Luggage: Airlines typically allow checked luggage with maximum dimensions of 62 inches (length + width + height) and a weight limit of 50 lbs (23 kg). Fees for checked bags vary by airline and are the participant's responsibility.

  • Carry-On Bags: Most airlines permit one carry-on bag and one personal item (e.g., a purse or laptop bag). Size and weight restrictions vary by airline.

  • Excess Baggage: Fees for excess, oversized, or overweight luggage are the participant's responsibility and must be paid directly to the airline.

  • Lost or Damaged Luggage: If luggage is lost or damaged during transit, participants must file a claim with the airline before leaving the airport. Maisanté Travel Design is not responsible for lost or damaged luggage.

Airline Taxes and Fuel Surcharges

  • Included Fees: Airline taxes and fuel surcharges are included in the trip cost unless otherwise noted. Additional taxes or surcharges applied after ticket issuance are the passenger’s responsibility.

  • Price Adjustments: To avoid potential increases, you may expedite final payment for earlier ticket issuance. Once tickets are issued, they are no longer subject to price changes.

Schedule Changes

  • Notification: Airlines may modify schedules, routing, or the number of stops without prior notice. Maisanté Travel Design will notify participants of any changes when possible but is not responsible for schedule modifications.

  • Passenger Responsibility: It is the participant’s responsibility to provide updated flight details to Maisanté Travel Design for coordination of land services.

  • Impact on Services: Maisanté Travel Design is not responsible for missed land services (e.g., airport transfers) due to flight changes not communicated in advance.

 

9. Hotel and Travel Accommodations

Hotel Accommodations

  • Room Types: Standard accommodations are twin-bedded (two single beds) rooms with private facilities unless otherwise requested. Room preferences (e.g., king or double beds) are subject to availability and cannot be guaranteed.

  • Check-In/Check-Out: Hotel check-in time is generally 3:00 PM, and check-out time is prior to noon. If you require early check-in or late check-out, you may need to make additional arrangements directly with the hotel.

  • Substitutions: Maisanté Travel Design reserves the right to substitute accommodations with others of similar standard. No refunds will be issued for any cost differences between accommodations.

Hotel and Cruise Profiles

  • Information Accuracy: Hotel and cruise descriptions provided by Maisanté Travel Design are based on details shared by the respective providers. While we strive for accuracy, Maisanté Travel Design is not responsible for inaccuracies, changes in descriptions, or variations in amenities.

  • Star Ratings: Star ratings may vary by country. Ratings are intended as general guides to quality but may not match U.S. standards.

Meals

  • Included Meals: Meals are as outlined in your itinerary (e.g., B=Breakfast, L=Lunch, D=Dinner). Specific meal plans will depend on the hotel's or cruise's offerings.

  • Special Dietary Requests: Requests for special dietary needs must be made in writing at least 4 weeks before departure. While efforts will be made to accommodate these needs, they cannot be guaranteed.

Transfers

  • Airport/Station Transfers: Transfers are included only when specified in the itinerary and based on group arrival times. Delays exceeding one hour may require participants to arrange alternate transportation at their expense.

  • Missed Transfers: If a flight delay, customs, or baggage issues cause you to miss your transfer, you will be responsible for arranging transportation. Costs for unused transfers are non-refundable.

Sightseeing and Itinerary

  • Tour Operations: Sightseeing tours are conducted via motor vehicles appropriate for group sizes. Times listed in itineraries are approximate and may be adjusted for local conditions.

  • Closures: National holidays, religious observances, or unexpected events may lead to last-minute changes or closures of attractions. Adjustments to itineraries will be made when possible but do not warrant refunds.

  • Unused Services: No refunds will be given for missed or unused services, including voluntary absences from the trip or early terminations.

Rail Transportation

  • Ticket Issuance: Rail tickets will be issued after full payment and are fully non-refundable. Passengers traveling with a group may not request alternative train times.

  • Changes: Changes to rail tickets may incur additional costs and fees. Once travel begins, amendments must be handled locally, subject to availability and local charges.

  • Seat Assignments: Rail seat assignments are at the discretion of the rail company. Specific seat requests cannot be guaranteed.

 

10. Cruise

Ship and Itinerary Changes

  • Changes by Cruise Line: Cruise itineraries and ships are subject to change without prior notice. Cruise lines may modify routes, ports of call, or schedules due to unforeseen circumstances such as weather conditions, port restrictions, or mechanical issues.

  • Charters and Cancellations: Cruise lines may charter ships or cancel departure dates. In such cases, refunds will be issued in accordance with the cruise line's policies. Maisanté Travel Design is not liable for losses incurred due to ship substitutions or itinerary changes, including the cost of airline tickets or visa fees.

  • Substitutions: Any substitutions or changes to the itinerary will be made at the cruise line's discretion. Refunds or compensation will follow the cruise line's policies and are not guaranteed.

Medical Services

  • Onboard Medical Services: Many cruise ships are equipped with medical staff to handle minor illnesses or injuries. However, the availability of medical services may vary depending on the ship and destination.

  • Local Medical Assistance: For severe medical emergencies, participants may be transported to local medical facilities. All related expenses, including evacuation costs, are the participant's responsibility.

  • Medical Costs: Onboard medical services are not included in the cruise package. Participants are responsible for all medical expenses incurred during the cruise, and travel insurance is strongly recommended to cover such costs.

Health Requirements

  • Fitness to Travel: Participants must be physically and medically fit to undertake a cruise. Individuals with chronic illnesses, heart conditions, advanced pregnancy, or other health concerns should consult their physician before booking.

  • Vaccinations: Some destinations require specific vaccinations. Participants are responsible for ensuring compliance with health regulations and carrying proof of required vaccinations where necessary.

  • Infectious Diseases: Passengers showing symptoms of infectious diseases may be denied boarding or removed from the ship for the safety of other travelers. In such cases, no refunds will be issued for unused services.

  • Pregnancy Restrictions: Most cruise lines do not allow passengers who will enter or exceed their 24th week of pregnancy during the cruise. Participants must check the cruise line's specific pregnancy policies before booking.

 

11. Miscellaneous Policies

Luggage (Escorted Tours)

  • Allowance: Each participant is permitted one piece of checked luggage and one carry-on bag for escorted tours. Additional luggage will incur a handling fee of $100 per piece.

  • Size and Weight Restrictions: All luggage must adhere to the size and weight limits set by the transportation provider. Oversized or overweight luggage may require additional fees or be denied transport.

  • Responsibility: Maisanté Travel Design is not liable for lost, stolen, or damaged luggage during escorted tours. It is strongly recommended to purchase travel insurance for protection against such losses.

  • Reporting Incidents: Loss or damage to luggage must be reported immediately to the tour operator or local authority, and a written report is required for insurance claims.

  • Valuables: Essential items and valuables should be carried in your personal bag or carry-on, as luggage may be stored separately during portions of the tour.

Gratuities

Gratuities are customary and appreciated for exceptional service. Suggested guidelines are as follows:

  • Drivers (private cars and motorcoach): $5–$10 per person, per day.

  • Tour Guides: $10–$20 per person, per day.

Gratuities are not included in your trip cost unless explicitly stated in the itinerary.

Refusal of Service

Service providers, including airlines, hotels, and tour operators, reserve the right to refuse service to any participant for reasons including, but not limited to:

  • Lack of proper documentation for the destination.

  • Intoxication or drug use.

  • Contagious illness.

  • Disruptive or unruly behavior.

  • Failure to comply with safety protocols or local regulations.

Maisanté Travel Design is not liable for any expenses or consequences resulting from the refusal of service by a provider.

Travel Restrictions

  • Certain countries have restrictions for travelers with criminal convictions, including but not limited to DUI/DWI, domestic violence, drug offenses, or sexual offenses. It is the participant's responsibility to verify their eligibility to travel to their destination.

  • Passports may be restricted or revoked for reasons such as unresolved child support arrears. Participants must confirm their ability to travel before booking.

  • Maisanté Travel Design is not responsible for denied entry, deportation, or any costs incurred due to unresolved travel restrictions.

 

12. Assumption of Risk

  • Acceptance of Risks: By participating in a trip organized by Maisanté Travel Design, you acknowledge that travel involves inherent risks, including but not limited to illness, injury, death, acts of nature, accidents, and political instability. You voluntarily assume all risks associated with your participation.

  • Health and Safety: Participants are responsible for ensuring they are in good physical and mental health to undertake the planned activities.

  • Responsibility: Maisanté Travel Design is not liable for risks associated with third-party service providers or uncontrollable circumstances.

 

13. Release From Liability

  • Independent Contractors: Maisanté Travel Design does not own or operate any entities providing goods or services for your trip, including hotels, airlines, transportation companies, or local ground operators. All such entities are independent contractors.

  • Limitation of Liability: Maisanté Travel Design is not responsible for any negligent or willful act or failure to act by these third parties or any other unforeseen issues.

  • No Warranty: Participation in this trip is at your own risk, and Maisanté Travel Design is not liable for injury, loss, damage, delay, or inconvenience caused by third parties or uncontrollable events.

 

14. Binding Arbitration

  • Dispute Resolution: Any dispute arising from or related to this Agreement shall be resolved exclusively through binding arbitration in accordance with the Federal Arbitration Act, under the rules of the American Arbitration Association (AAA) or Judicial Arbitration and Mediation Services, Inc. (JAMS).

  • Jurisdiction: Arbitration proceedings will take place in Bronx, New York, and will be governed by substantive (but not procedural) New York law.

  • Waiver of Jury Trial: By agreeing to these terms, you waive your right to a trial by jury or participation in a class action.

 

15. Force Majeure

  • Uncontrollable Events: Neither Maisanté Travel Design nor participants will be liable for non-performance caused by events beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, wars, government restrictions, or labor strikes.

  • Mitigation of Impact: Parties must take reasonable steps to minimize the effects of such events on the trip.

  • Termination Rights: Either party may terminate this Agreement if a force majeure event prevents performance for more than 30 consecutive days.

 

16. Recovery Fund for Consumers Damaged by Sellers of Travel

New York State Truth in Travel Act

  • Consumer Protections: The New York State Truth in Travel Act safeguards against fraud, false advertising, misrepresentation, and other abuses. Maisanté Travel Design must provide written disclosures of all travel service terms within five days of purchase or agreement.

  • Cancellation Rights: You have until midnight of the third business day after receipt of the full written disclosures to cancel your purchase in writing.

  • Fraud Reporting: If you believe you have been a victim of fraud, contact the New York Department of State Division of Consumer Protection at 1-800-697-1220.

Agency Role

  • When acting solely as a sales agent for travel suppliers, Maisanté Travel Design is not responsible for their actions or inactions. Some suppliers provide commissions or incentives for meeting sales targets, which may be offered to Maisanté Travel Design staff.

 

17. Voluntary Participation

  • Acknowledgment: By participating, you confirm that you voluntarily chose to engage in the activities outlined in your trip and itinerary. You are aware of the risks and responsibilities associated with travel and consent to participate of your own free will.

 

18. Knowing and Voluntary Execution

  • Acceptance of Terms: By signing this Agreement, you acknowledge that you have read, understood, and voluntarily accepted all terms, including assumptions of risk, liability waivers, and binding arbitration clauses.

 

19. Photographic Release

  • Usage Rights: Maisanté Travel Design may take photographs or videos during your trip. By participating, you grant Maisanté Travel Design permission to use such materials for promotional or commercial purposes without compensation.

  • Consent: Your signature confirms your agreement to this release for yourself and any minors traveling with you.

 

20. Use of Website

Agreement Between Customer and Maisanté Travel Design

By accessing or using www.maisante.com or www.maisantetraveldesign.com (collectively, the "Website"), you agree to the following terms and conditions. Your use of the Website constitutes your unconditional acceptance of these terms without modification.

Liability Disclaimer

  • Accuracy of Information: The Website may include inaccuracies, typographical errors, or outdated information. While efforts are made to ensure accuracy, the content on the Website is not guaranteed to be complete, accurate, or current and may be changed at any time without notice.

  • No Guarantee: Maisanté Travel Design does not guarantee the availability of the Website or the accuracy of its content, services, or products.

  • No Liability: Under no circumstances shall Maisanté Travel Design be liable for any direct, indirect, punitive, incidental, special, or consequential damage arising out of or in connection with:

    • The use of this Website.

    • The information, products, and services obtained through this Website.

    • Any errors, omissions, or inaccuracies on this Website.

    • Any disruptions in access to the Website.

 

Links to Other Websites

  • The Website may contain hyperlinks to websites operated by third parties. These links are provided for your convenience and reference only.

  • No Control or Endorsement: Maisanté Travel Design does not control or endorse the content of these third-party websites and is not responsible for their availability, accuracy, or reliability.

  • User Responsibility: It is your responsibility to review the terms and conditions and privacy policies of any third-party websites you visit.

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