TERMS AND CONDITIONS
These Terms and Conditions (“Agreement”) govern the relationship between Howe Travel Co. LLC (“Howe Travel Co.,” “Howe Travel Co LLC,” “the Agency,” “we,” “us,” or “our”) and the client (“Client,” “Clients,” “you,” “your,” “they,” or “their”). By signing below, checking the acknowledgment box, submitting payment, authorizing charges, or otherwise engaging Howe Travel Co. for travel services, the Client confirms that they have read, understand, and agree to these Terms and Conditions in full. The Client represents that they are authorized to act on behalf of all members of their travel party and agrees that all members of the traveling party shall be bound by these Terms and Conditions.
Howe Travel Co. offers retail travel services to Clients, which are provided by separate and independent suppliers of travel services. Howe Travel Co. does not operate, control, or otherwise provide the services of the independent travel suppliers. The Client agrees and understands that Howe Travel Co. is not responsible for any operating failures, loss, damage, delay, or injury to the Client or members of the Client’s traveling party, nor for consequential damages that may result from failures, delays, or injuries arising out of or during the scheduled travel. The Client agrees and understands that Howe Travel Co. is not responsible for any damages, direct or consequential, which may arise as a result of acts of God, social or labor unrest, war, political or national strike, terrorist activities, mechanical failures, climatic conditions, illnesses, or any other actions or omissions beyond the control of Howe Travel Co. and its team member(s).
The Client hereby agrees to hold Howe Travel Co. harmless and release it from any and all liability for any damages, including but not limited to monetary losses, the Client may incur as a result of such interruption or cancellation of these travel travel arrangements, booking(s), and/or event participation.
1. Scope of Services
Howe Travel Co. operates as an independent travel agency arranging travel-related services provided by third-party suppliers, including but not limited to airlines, cruise lines, hotels, tour operators, transportation providers, and activity vendors (“Suppliers”). Howe Travel Co. does not own, operate, or control Supplier services and acts solely as an intermediary between the Client and Suppliers. Howe Travel Co. makes no warranties, express or implied, regarding Supplier performance.
2. Pricing, Availability, and Payments
- All pricing and availability are subject to change until a deposit or full payment is received and confirmed by the Supplier.
- Howe Travel Co. may require payment earlier than a Supplier’s stated due date in order to comply with Agency policies, secure reservations, or mitigate payment risk.
- Planning Fees are collected separately from Supplier payments and apply solely to the planning and professional services provided by Howe Travel Co.
- Supplier payments are authorized through a PCI-compliant credit card authorization form, which allows Howe Travel Co. to remit payment directly to Suppliers on the Client’s behalf.
- Howe Travel Co. stores Client credit card information in a PCI-compliant system in accordance with industry standards. Howe Travel Co. takes reasonable measures to secure this data, but is not liable for breaches or unauthorized access caused by the third-party payment processor or events outside Howe Travel Co.’s control.
- Submission of payment or authorization constitutes the Client’s approval for Howe Travel Co. to process payments in accordance with this Agreement.
3. Planning Fees, Cancellations, and Refunds
- Certain itineraries and services offered by Howe Travel Co. require a Planning Fee, which is disclosed to the Client prior to planning.
- Planning Fees are collected separately from Supplier payments and are non-refundable.
- The Client acknowledges that the Planning Fee is earned upon payment and compensates Howe Travel Co. for the reservation of professional time, availability, expertise, and preparatory work, regardless of when substantive planning activities begin.
- Because the Planning Fee is earned upon payment, no refunds will be issued under any circumstances, including but not limited to changes in travel plans, cancellation, or a decision not to proceed with services, travel arrangements, or bookings.
- If the Client cancels a booking, a non-refundable cancellation fee of 5% of the total booking amount, not to exceed $500, shall be payable to Howe Travel Co. This fee is separate from and in addition to any Supplier-imposed cancellation fees, which are the Client’s responsibility. This 5% cancellation fee should be paid by the Client to Howe Travel Co. upon cancellation.
4. Chargebacks and Administrative Fees
- Clients are strongly encouraged to contact Howe Travel Co. prior to initiating any chargeback or payment dispute so that questions or concerns may be reviewed and clarified.
- Supplier payments are authorized through a PCI-compliant credit card authorization form, documenting the Client’s approval for Howe Travel Co. to remit payment to Suppliers on the Client’s behalf.
- Planning Fees collected separately from Supplier payments remain non-refundable once paid.
- If a chargeback or payment dispute is initiated for any reason, the Client agrees to be responsible for:
- All costs incurred by Howe Travel Co. as a result of the chargeback, including but not limited to payment processor fees, Attorney Fees, Host Agency Fees, Supplier penalties, and related expenses; and
- Administrative fees starting at $100 per hour, applied to all time spent researching, responding to, and managing the chargeback, regardless of the outcome of the dispute.
- Howe Travel Co. is not responsible for unauthorized charges, credit card fraud, or compromised payment methods. Clients are encouraged to use credit cards with theft and fraud protection.
5. Travel Insurance
- Howe Travel Co. highly recommends that Clients purchase travel insurance from a licensed insurance provider to protect against cancellations, delays, medical emergencies, lost baggage, or other unforeseen events.
- Travel insurance is optional, not mandatory.
- Howe Travel Co. may recommend insurance but does not provide insurance consultation, policy interpretation, coverage determinations, or claims assistance.
- All questions regarding insurance coverage, benefits, exclusions, or claims must be directed solely to the insurance provider.
- If a Client declines insurance, the Client assumes full financial responsibility for any resulting losses.
6. Minors
- Individuals under the age of 18 may not independently enter into this Agreement or engage Howe Travel Co.’s services. Any services, travel arrangements, bookings, or event participation that includes a minor must be authorized by a parent or legal guardian. The parent or legal guardian booking, purchasing, requesting, or otherwise engaging services on behalf of a minor represents and warrants that they have the legal authority to do so and accepts these Terms and Conditions on behalf of the minor and all members of the traveling party. For purposes of this Agreement, any parent or legal guardian booking travel on behalf of a minor shall be considered the “Client.” All responsibilities, assumptions of risk, waivers, releases, and indemnifications contained in this Agreement apply equally to minors and are binding upon their parent or legal guardian. Howe Travel Co. may collect a minor’s required personal information solely for booking and documentation purposes.
- The parent, legal guardian, or accompanying adult is solely responsible for understanding and complying with all laws, entry requirements, custody requirements, consent documentation, identification, passports, visas, medical authorizations, and any other paperwork or permissions required for a minor to travel domestically or internationally. Howe Travel Co. does not provide legal advice and is not responsible for denied boarding, denied entry, delays, or travel disruptions resulting from missing, incomplete, or improper documentation.
7. Limitation of Liability
- Howe Travel Co. acts solely as an agent for travel Suppliers and is not liable for acts, omissions, negligence, defaults, or failures of any Supplier.
- The Client acknowledges and agrees that Howe Travel Co. is not responsible for the financial stability, bankruptcy, insolvency, or failure to perform of any Supplier, third-party vendor, government entity, or other service provider. Any refunds, credits, or compensation related to Supplier insolvency or inability to perform are solely the responsibility of the Supplier and/or insurance provider, if applicable.
- Howe Travel Co. shall not be liable for any loss, damage, injury, delay, expense, or inconvenience arising from:
- Supplier delays, substitutions, schedule changes, cancellations, or overbookings
- Missed connections or transportation disruptions
- Loss, theft, or damage to personal property
- Acts or omissions of third parties, including local operators or other travelers
- Illness, injury, death, or medical emergencies during travel
- Natural disasters, pandemics, acts of God, civil unrest, militia activity, terrorism, or other force majeure events
- Any legal, financial, or other consequences arising from the Client’s own conduct or behavior, including violations of laws, denied entry, fines, detainment, removal from Supplier services, or refusal of service
- The Client is solely responsible for complying with all laws, customs, entry requirements, and regulations of destinations visited.
- With current global concerns, the Client acknowledges that for these and other reasons not reasonably foreseeable at this time, these travel plans may be interrupted or canceled by the Supplier that is providing them, a government entity or other third party over which the Agency has no control. The Client further acknowledges that the Supplier’s own cancellation, rebooking and refund policies, subject to any applicable law that is now or may later be in effect, will govern the Client’s rights and remedies, including the Client’s right to receive a refund, in such an event.
- Moreover, the Client understands that should the Client elect to purchase travel insurance, the terms of the policy will dictate whether, and to what extent, coverage for any financial loss may exist under the circumstances.
- The Client acknowledges responsibility for reviewing all itineraries, confirmations, invoices, and travel documents for accuracy and completeness. The Client further acknowledges that all applicable pricing, fees, penalties, and cancellation or change charges imposed by Suppliers or Howe Travel Co. are disclosed in booking materials or Supplier Terms and Conditions, and the Client is responsible for reviewing and accepting such charges prior to payment or participation in services.
- To the fullest extent permitted by law, Howe Travel Co.’s total aggregate liability for any and all claims arising out of or related to services provided, arranged, booked, or facilitated shall not exceed $500 per Client or $1,000 per travel party, whichever is less.
8. Client Responsibilities
- The Client is solely responsible for determining and satisfying all passport, visa, entry, health, and documentation requirements for each destination visited and for any countries transited during travel. This includes, but is not limited to, passport validity, visas, vaccinations, recommended medicines (such as malaria prophylaxis or other region-specific medications), testing requirements, proof of onward travel, and proof of sufficient funds or income to support travel. Clients are encouraged to consult their physician or licensed medical professional regarding health precautions and medications for travel.
- The Client is responsible for reviewing all itineraries, confirmations, invoices, communications, booking documents, and service documents for accuracy and completeness.
- The Client is responsible for abiding by the Supplier’s Terms and Conditions and maintaining appropriate conduct during travel.
- The Client is solely responsible for ensuring they are legally eligible to travel. Legal or governmental restrictions that may affect travel may include, but are not limited to, outstanding legal matters, court orders, probation or parole requirements, unpaid child support obligations, criminal history, driving under the influence of alcohol or drugs (DUI), felony convictions, warrants, or any other governmental or legal limitations. Howe Travel Co. does not investigate, verify, or advise on a Client’s legal ability to travel and assumes no responsibility for denied boarding, refused entry, detainment, deportation, or other travel disruptions resulting from a Client’s failure to meet legal or entry requirements.
- The Client is solely responsible for researching, verifying, and evaluating the accessibility, suitability, safety, personal comfort, and health considerations of destinations and travel arrangements based on their individual needs. This includes, but is not limited to, access to medical care, medications, physical accommodations, personal comfort, utilities, communications, and amenities, all of which may differ from what the Client is accustomed to in the United States. Howe Travel Co. does not guarantee the accessibility, comfort, safety, or medical suitability of any destination, activity, lodging, or transportation, and the Client assumes full responsibility for any risks, inconveniences, or health-related issues associated with their chosen travel arrangements.
- Clients are encouraged to frequently review current travel requirements and health advisories through official government resources, including travel.state.gov, and are strongly encouraged to enroll in the U.S. Department of State’s Smart Traveler Enrollment Program (STEP) for travel updates and safety notifications.
- No refunds, compensation, or liability will be provided by Howe Travel Co. for losses, interruptions, discomfort, illness, or additional expenses resulting from a Client’s failure to obtain proper documentation, satisfy legal or health requirements, or adequately research and account for accessibility, safety, personal comfort, or other individual needs.
- Howe Travel Co. may utilize third-party platforms, including but not limited to Calendly, Zoom, Facebook, Instagram, or similar platforms to schedule meetings, consultations, and other communications. By participating in these meetings, selecting a time to meet, or submitting forms or inquiries via these platforms, the Client agrees to the terms and conditions, privacy policies, and any other rules of those third-party platforms. Howe Travel Co. does not control these platforms and is not liable for any failures, breaches, or interruptions of the platforms or any unauthorized access that occurs on these systems.
9. Nature and Wildlife Travel Risks
Howe Travel Co. specializes in nature, wildlife, and adventure travel experiences, which may include, but are not limited to, hiking, boating, safari game drives, walking safaris, wildlife viewing, camping, remote excursions, or other outdoor experiences.
- Clients acknowledge that these travel experiences involve inherent risks, dangers, and hazards that cannot be eliminated. These may include, but are not limited to, unpredictable wildlife behavior, changing weather conditions, natural hazards, uneven terrain, river crossings, insects, altitude or environmental effects, seasonal changes, or other conditions inherent to outdoor travel.
- Clients understand that participation in these experiences carries a risk of personal injury, illness, or death, and agree to assume full responsibility for these risks.
- Clients acknowledge that other participants’ actions may also contribute to risks during these experiences.
- Howe Travel Co. does not guarantee specific wildlife sightings, environmental conditions, weather patterns, or seasonal occurrences.
- Clients are responsible for evaluating their own physical fitness, health, and abilities before participating in these travel experiences.
- Clients must disclose any relevant medical conditions, medications, or limitations to Howe Travel Co. prior to booking.
- Clients are responsible for bringing necessary personal equipment, safety gear, medications, and any other items required to ensure personal safety, comfort, and accessibility.
- Wildlife behavior and natural environments are inherently unpredictable. Howe Travel Co. cannot guarantee sightings, proximity, or avoidance of potentially dangerous wildlife.
- Clients are responsible for following all safety instructions from guides, suppliers, and local authorities and for exercising personal judgment when interacting with the environment or wildlife.
- By booking or participating in these travel experiences, Clients agree to release, hold harmless, and indemnify Howe Travel Co., its employees, contractors, and suppliers from any claims, damages, losses, or liabilities arising from participation, including injury, illness, death, or property damage.
- Howe Travel Co. does not assume responsibility for personal safety, loss, or damage resulting from the inherent risks of these travel experiences.
- Clients are strongly encouraged to purchase comprehensive travel insurance, including coverage for medical emergencies, evacuation, and trip interruption, tailored to the nature of these travel experiences.
10. Events, Meetings, and Gatherings
Howe Travel Co. may occasionally host in-person events, workshops, lectures, group travel sessions, or one-on-one meetings (collectively, “Events”) to provide information, education, or promotional opportunities related to travel destinations, itineraries, or planning services.
- Clients attend Events voluntarily and assume full responsibility for all risks associated with participation, including but not limited to personal injury, illness, loss, or damage to personal property.
- Clients are solely responsible for evaluating the accessibility, safety, comfort, and suitability of any Event venue, including access to restrooms, seating, elevators, ramps, lighting, parking, and emergency exits.
- Clients are responsible for bringing any personal medical devices, medications, or other necessary items they may require. Howe Travel Co. does not provide medical care, supervision, or monitoring during Events.
- Certain Events may include food, snacks, candy, chocolate, beverages (including non-alcoholic and alcoholic), or other consumables provided by Howe Travel Co., the venue, or third-party vendors. Clients should notify Howe Travel Co. in advance of any known allergies or health conditions that could be affected by food, beverages, or giveaway items.
- Clients assume full responsibility for any adverse reactions, including allergies, dietary restrictions, or illnesses, and release Howe Travel Co. from any liability related to food or beverage consumption.
- Howe Travel Co. may provide gifts, promotional items, or giveaways at Events. Any items given at Events or directly to Clients are provided for informational, educational, or promotional purposes only.
- Clients assume full responsibility for the use, handling, or consequences of any such items, and Howe Travel Co. shall not be liable for any injury, illness, property damage, or other issues arising from these items.
- Events may be held at third-party venues, including but not limited to restaurants, event spaces, or partner locations. Howe Travel Co. does not own, control, or operate these venues and is not responsible for any accidents, damages, or incidents occurring at or related to the venue.
- Howe Travel Co. is not responsible for the acts, omissions, or negligence of venue owners, staff, contractors, or other attendees.
- By attending any Event, Clients agree to release, hold harmless, and indemnify Howe Travel Co., its team members, partners, and suppliers from any claims, damages, losses, or liabilities arising from participation in the Event, including but not limited to those related to health, safety, property, or personal comfort.
- Clients acknowledge that participation in Events does not form a contractual or service obligation beyond the stated purpose of the Event.
11. Independent Contractor Status
Howe Travel Co. operates as an independent affiliate of KHM Travel Group, but is not an employee of KHM Travel Group. Howe Travel Co. is not an employee or legal representative of any Supplier.
12. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to conflict-of-law principles. Any dispute, claim, or controversy arising out of or relating to this Agreement, your use of Howe Travel Co.’s services, travel arrangements, events, or activities provided, arranged, booked, or facilitated through Howe Travel Co. shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Harrison County, Mississippi, within the First Judicial District, and the arbitrator’s decision shall be final and binding. The Client and Howe Travel Co. knowingly waive any right to a trial by jury and agree that all claims must be brought solely in an individual capacity and not as part of any class, collective, or representative action. The arbitration agreement survives any termination of this Agreement.
The prevailing party in any arbitration or legal proceeding shall be entitled to recover all reasonable costs, including attorney’s fees, expert fees, and administrative fees, in addition to any other relief awarded.
This clause does not prevent either party from seeking injunctive relief or enforcing rights in a court of competent jurisdiction if necessary to protect intellectual property or other proprietary interests. Only proprietary and/or intellectual property rights are eligible for court relief.
13. Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions, including the arbitration clause, shall remain in full force and effect. Any invalid provision shall be interpreted or modified only to the minimum extent necessary to make it enforceable, without affecting the enforceability of the arbitration clause or the remainder of the Agreement.
14. Acceptance of Terms
By signing below, checking the acknowledgment box, submitting payment, authorizing charges, or otherwise engaging Howe Travel Co. for travel services (including, but not limited to travel arrangements, travel enquiries, travel consultations, travel booking, or event participation) the Client confirms that they have read, understand, and agree to these Terms and Conditions in full.
Howe Travel Co. offers retail travel services to customers, which are provided by separate and independent suppliers of travel services. Howe Travel Co. does not operate, control, or otherwise provide the services of the independent travel suppliers. The Client agrees and understands that Howe Travel Co. is not responsible for any operating failures, loss, damage, delay, or injury to the Client or members of the Client’s traveling party, nor for consequential damages that may result from failures, delays, or injuries arising out of or during the scheduled travel. The Client agrees and understands that Howe Travel Co. is not responsible for any damages, direct or consequential, which may arise as a result of acts of God, social or labor unrest, war, political or national strike, terrorist activities, mechanical failures, climatic conditions, or any other actions or omissions beyond the control of Howe Travel Co. and its team member(s).
The Client hereby agrees to hold Howe Travel Co. harmless and release it from any and all liability for any damages, including but not limited to monetary losses, the Client may incur as a result of such interruption or cancellation of travel arrangements, booking(s), and/or event participation.