Terms and Conditions

We are Bray County Agency, LLC (hereafter referred to as “Wheels Up Adventures”), and we are excited to assist you with your travel booking plans. The following Terms and Conditions describe what you, the undersigned client (“Client”) can expect from us. By booking with Wheels Up Adventures, Client agrees to the following Terms and Conditions. Wheels Up Adventures reserves the right to change these Terms and Conditions at any given time. Please check our website for the most updated Terms and Conditions: www.wheelsupadventures.com 

(1) DOCUMENTATION: 

(a)Travel documentation appropriate for entry to your itinerary destinations, such as passports, visas, inoculation certificates, etc., remains the Client's responsibility. It is the Client's responsibility to make certain that he or she has proper immunizations before travel - please see your health provider for advice. Wheels Up Adventures will advise required documentation, but these remain the personal responsibility of Client, and if Client does not meet mandatory requirements, then Client may be denied boarding or admission to the flight, cruise, destination country, etc. 

(b) Valid passports are required for all international destinations. If a passport is required, the expiration date must be at least six (6) months following the return date of your trip.

(c) Additionally, visas and proof of vaccinations may be required. Visit the U.S. State Department website, https://travel.state.gov, on a regular basis for information regarding incidences, if any, of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States. Required or advised inoculations you decide to abstain from upon the advice of your personal physician, or otherwise, may influence your ability to travel to certain destinations. It is the responsibility of Client to be aware of such requirements and Wheels Up Adventures is not responsible for any consequences resulting from Client’s refusal to accept or disregard medical treatment requirements of a destination. Such medical treatments may need to be administered in a series of doses months ahead of your planned departure, and these time elements should be taken into account by Client when making deposits and/or nonrefundable final payments. Visit the websites of the U.S. Centers for Disease Control, www.cdc.gov, and the International Society of Travel Medicine, www.istm.org, before and during your booking process.

(d) Each foreign country holds different views of past criminal offenses - if you have a current or past offense, please contact the country directly for entry and exit requirements. Clients with DWI or DUI records should check whether current rules exclude admission to foreign destinations. Wheels Up Adventures feels it is an invasion of privacy for members of our staff to make such inquiries and knowledge of these requirements remain Client's responsibility. Wheels Up Adventures is not responsible for any lost payments made toward any contemplated trip due to background conditions of Client, whether they are known or unknown to Wheels Up Adventures. For further information, please visit the U.S. State Department’s website: travel.state.gov. 

(2) RISKS/SAFETY: Travel to certain destinations may involve greater risk than to others. Wheels Up Adventures urges Client to remain informed on a daily basis as to current news, as well as, to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking or commencing travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at the following online sites: https://www.state.gov, https://www.tsa.gov, https://www.dot.gov, https://www.faa.gov, https://w ww.cdc.gov, and https://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 through STEP is recommended and provided by going to https://step.state.gov/step/. By offering for sale travel to particular destinations, Wheels Up Adventures does not represent or warrant that travel to such places is advisable or without risk, and shall not be liable for costs, damages, or losses that may result from travel to such destinations. Decisions when and where to travel are made by Client alone. Client’s use of Wheels Up Adventure’s services constitutes acceptance of such events at Client’s own risk.

(3) PAYMENTS AND CANCELLATION: Price quotes are applicable to the date and time at which they are generated. Quotes in foreign currency are subject to fluctuations in exchange rates and international credit card issuer fees. Wheels Up Adventures is not responsible for any increases due to fuel surcharges, government-imposed taxes/fees, economic fluctuations, or supplier-imposed increases. Final payment is due prior to departure according to each supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) terms and conditions involved in your travel booking. Client’s credit card information and use authorization will be requested before Wheels Up Adventures makes any bookings on Client’s behalf. Client agrees to honor and pay all fees, costs, and expenses of Wheels Up Adventures and the suppliers incurred in relation to Client’s travel. If final and full payment is not received by the applicable due date, reservations are subject to cancellation, and deposits shall be forfeited. In some cases, there is NO REFUND once a booking is made and paid for; therefore, your right to a refund if you change or cancel your travel plan is limited. All cancellation requests must be sent to Wheels Up Adventures in writing. As a result of cancellation, Wheels Up Adventure’s and third-party supplier’s cancellation penalties will apply, which are detailed in your travel documentation, Wheels Up Adventure’s website, and each supplier’s website. Cancellation penalties are advised at the time of booking and provided to you upon confirmation. If you have any questions, or any penalties are unclear, please contact Wheels Up Adventures. All cancellation fees will be charged to the credit card authorized by you to pay for travel services; or, Client agrees to pay any and all cancellation charges if a refund is generated directly to Client.

(4) CHECK-IN AND DEPARTURE: Wheels Up Adventures recommends that Client check-in twenty-four (24) hours prior to scheduled flight departure for domestic flights and international flights, and that Client arrive at the airport a minimum of three (3) hours before the scheduled departure time. It is the Client's responsibility to confirm and reconfirm flight times between twenty-four (24) and seventy-two (72) hours prior to scheduled flights. Wheels Up Adventures is not responsible for any air or schedule changes and bears no liability for such changes or losses caused to Client by the same. Certain countries impose arrival and departure taxes, and require that payment for such taxes be made in cash. Certain airlines require excess baggage fees as well as seat selection fees. Wheels Up Adventures will not be responsible for any fees imposed by countries, airlines, etc., after the base fare has been paid. Recommended check-in and arrival times are subject to change without notification. It is Client's responsibility to remain informed of any changes in condition or airport rules that might require earlier or necessitate later arrival times. This information can be found when entering your confirmation number on the airline’s website. 

(5) ALTERATIONS TO & UNUSED BOOKINGS: (a) If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you at our applicable administrative rates, depending upon circumstances of the request. (b) As Wheels Up Adventure’s prices are often based on contract rates, there will not be a refund for any unused portion of a travel booking or your trip itinerary. 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. Wheels Up Adventures is not responsible for any fees incurred or lost due to involuntary or voluntarily unused arrangements by Client.

(6) CURRENCY FLUCTUATIONS: Currency exchange rates fluctuate. Prices are subject to change (even after initial quote/deposit) based upon currency exchange rate fluctuations, provided actual variations have occurred. Additionally, at any time prior to departure and during actual travel, travel suppliers and governments may add or introduce a new fee, tax, and/or fuel surcharge and Client agrees to pay for such charges.

(7) FORCE MAJEURE:

(a) “Force Majeure” means, in relation to Wheels Up Adventures, any circumstances beyond the reasonable control of Wheels Up Adventures (including, but not limited to, acts of God, explosion, flood, storm, natural disaster, forceful wind, fire, accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences). Weather conditions, including but not limited to, the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are not within Wheels Up Adventure’s control. Volcanic eruptions, ash clouds, wind, and natural disasters may be characterized as an adverse weather condition by suppliers and your travel insurance company; such conditions are also beyond the control of Wheels Up Adventures. Wheels Up Adventures reserves the right to cancel any itinerary, or any part of it, to make such alterations in the itinerary as it deems necessary, and to refuse to accept or to retain as a member any person of any tour at any time. Wheels Up Adventures shall not assume any responsibility for any air and/or ground schedule changes. Wheels Up Adventures shall not be deemed to be in breach of these Terms and Conditions or otherwise be liable to Client, by reason of delay in performance, or by non-performance of any of its obligations hereunder, to the extent that any such delay or non-performance is due to any Force Majeure. 

(b) If Wheels Up Adventures, and/or any of its’ travel suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to your trip. Payment of any refund by Wheels Up Adventures to you as a result of the non-performance of any obligations hereunder shall remain in Wheels Up Adventures’s sole and absolute discretion, although Wheels Up Adventures shall use its reasonable efforts to reimburse you whenever possible. However, Wheels Up Adventures shall be entitled to deduct from any refund recoverable the reasonable, actual, and potential costs to Wheels Up Adventures of the Force Majeure and applicable cancellation fees. Regarding civil unrest, once Wheels Up Adventures has investigated the prevailing situation, as it deems fit, it shall remain in Wheels Up Adventure’s sole and absolute discretion whether to proceed with your trip. You may, in such circumstances, cancel the trip subject to Wheels Up Adventure’s, and each travel supplier’s, terms and conditions.

(8) TRAVEL PROTECTION/INSURANCE: Travel protection and insurance is strongly recommended to protect your investment. Unless specifically noted, travel insurance is not included in the cost of the client's itinerary to protect against third-party supplier default/bankruptcy protection, delay, interruption, missed connections for transportation, cancellation, medical emergency transportation/evacuation & repatriation, baggage and personal property loss/lost luggage & baggage delay, illness, job loss protection, 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. Information for travel insurance will be sent to you within a reasonable frame after deposit, based on the trip cost and components. Without appropriate travel insurance, Client understands and agrees that if Client cancels or interrupts Client’s trip for any reason, portions of the trip/tour may not be refunded, and Wheels Up Adventure’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 Wheels Up Adventures. Employees of Wheels Up Adventures are not qualified or authorized to: answer technical question 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 if travel insurance is requested. If travel insurance is declined, Client must sign Wheels Up Adventure’s Insurance Declination Form.

(9) PHOTOGRAPHS/VIDEOS: Client consents, on behalf of his/herself and all members of Client’s travel party, to the use by Wheels Up Adventures of any and all photographs, videos, and other media created and/or produced during Client’s trip. Wheels Up Adventures reserves the right to use any photographs, video recordings, or other media produced at any event or during any travel activity, without the express written permission of those included within the photograph/video. Wheels Up Adventures may use the photograph/video in publications or other media material produced, used, or contracted by Wheels Up Adventures, including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. Any person desiring not to have their photo taken or distributed must contact Wheels Up Adventures in writing of his or her intentions and include a photograph. 

(10) NO COPYING/EDITING: Client agrees that any materials created, produced, and/or originating from Wheels Up Adventures, pursuant to the services provided to Client, are the exclusive, copyrighted property of Wheels Up Adventures. No material from www.wheelsupadventures.com or received by Client from Wheels Up Adventures may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold, or distributed in any way, without prior written consent from Wheels Up Adventures. You may not frame or mirror any material on Wheels Up Adventures website or any other server or other location. Unauthorized use of any such material on any other website or computer environment or elsewhere is prohibited, and Client agrees to cooperate with Wheels Up Adventure’s requests, demands, and instructions regarding violations of Wheels Up Adventure’s copyrights. Whether a violation of Wheels Up Adventure’s copyrights has occurred will be determined in the sole and absolute discretion of Wheels Up Adventures. 

(11) CHANGES TO THESE TERMS: Wheels Up Adventures reserves the right, in its sole and absolute discretion, to change these Terms and Conditions at any time. Updated versions of these Terms and Conditions will be posted on Wheels Up Adventure’s website and are effective immediately upon posting. Please check frequently, especially before using Wheels Up Adventure’s website, to see if these Terms and Conditions have changed. Use of the website after any changes to the Terms and Conditions constitutes Client’s consent to the changes.

(12) GOVERNING LAW: These Terms and Conditions will be governed and interpreted pursuant to the laws of the State of Florida, without reference to conflict of law provisions. Client specifically consents to personal jurisdiction in Florida in connection with any dispute between Client and Wheels Up Adventures. The parties to these Terms and Conditions each agree that any dispute between the parties arising out of or relating to services provided by Wheels Up Adventures, or these Terms and Conditions, whether under the terms of agreement between the parties or any applicable law, will be resolved by binding arbitration, on an individual and not a class-wide basis. Client irrevocably waives any rights to bring or participate in any class action related in anyway hereto. No finding or conclusion in any arbitration proceeding shall be admissible in any other proceeding, and any such finding or conclusion shall be strictly confidential between the parties. Arbitration costs shall be paid equally by the parties, and a single arbitrator shall decide all disputes and be empowered to award costs and legal fees as he or she deems appropriate. Wheels Up Adventure’s liability in any dispute shall be limited to the amount of any commission or earnings it received in connection with the travel services at issue in any dispute. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. The use of Wheels Up Adventure’s website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this paragraph. 

(13) TERM/TERMINATION & SURVIVAL: These Terms and Conditions shall become enforceable as of the date indicated below and shall remain in force until they are terminated in writing or until Wheels Up Adventure’s services are completed, whichever occurs first. If termination is made in writing, such written notice of termination by the terminating party must be communicated to the non-terminating party seven (7) days before the termination becomes effective. The liability for written notice of termination by Client shall be forfeiture of any deposit, down payment, and/or non-refundable payment(s) made by Client to Wheels Up Adventures or other travel suppliers. The duties and obligations detailed within these Terms and Conditions shall survive the termination of these Terms and Conditions.

(14) RELEASE & INDEMNIFACTION: By offering travel booking services to particular destinations, Wheels Up Adventures shall not be responsible or liable for any acts, errors, omissions, losses, injuries, deaths, property damage, accidents, delays, nonperformance’s, or any other irregularities or any indirect or consequential damages resulting therefrom, which may be occasioned by the neglect, defaults, bankruptcies, or any other actions of the airlines, cruises, hotels, resorts, or other third party suppliers engaged in the furnishing of travel services hereunder. Wheels Up Adventures does not guarantee or ensure the services to be provided by any supplier, the financial position of suppliers, or the reimbursement for any loss experienced as a result of the financial condition of suppliers. Therefore, Client hereby releases, waives, discharges, and covenants-not-to-sue Wheels Up Adventures and its members, officers, agents, and employees from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury that may be sustained by Client, whether caused by the negligence of Wheels Up Adventures or any of its members, officers, agents, or employees while providing the services detailed herein or performing any acts in connection herewith.

(15) INDEPENDENT CONTRACTOR STATUS: Client agrees that Wheels Up Adventures is an independent contractor and performs the services herein as such, exercising independent judgment in all matters related hereto. Furthermore, Client agrees that Wheels Up Adventures is not the source or the supplier of the travel services requested by Client and acts solely as a booking agent for disclosed principal supplier cruise lines, hotels, airlines, ground transportation, and other companies providing accommodations, transportations, and/or other services. Each of these suppliers is an independent entity with its own management and is not subject to the control of Wheels Up Adventues. All bookings are accepted by Wheels Up Adventures as agent for the disclosed travel suppliers on Client’s itinerary. Wheels Up Adventures shall not be liable for any accident, injury, property damage, or personal loss to Client or to those traveling with Client in connection with any travel services booked by Wheels Up Adventures, including but not limited to, acts of God, weather conditions, natural disasters, acts of governments or other authorities, wars, civil disturbances, riots, strikes, epidemics/pandemics, acts of terrorism, breakdown in equipment, theft, delay, fuel increases or cancellation, or change in itinerary or schedules. Client acknowledges and accepts that there are cancelation policies, change fees, and penalties that apply to his or her travel plans and services as set by travel suppliers. If for any reason Client’s credit card charges are later declined, reversed, or Wheels Up Adventures is unable to receive payment for the travel plans and services, Client acknowledges that this is a binding contract and Wheels Up Adventures will be entitled to recovery, including reasonable attorney fees in connection with collection.

(16) COMMUNICATION POLICY: To ensure clarity and accuracy in all travel arrangements, all business communications must be conducted via email. Requests or changes sent via text or voice message will not be considered valid or actionable. 

    (a)All direct inquiries and requests to our designated email addresses (marnie@wheelsupadventures.com or book@wheelsupadventures.com) to ensure they are properly documented and addressed.

    (b)Clients are expected to respect the hours of operation (10:00 AM to 4:30 PM) when communicating via phone or text unless experiencing an emergency requiring immediate attention before or during travel. Clients will receive in-country emergency contact numbers to be utilized while traveling. These will be provided in the final documents issued to you before travel. 

(17) ENTIRE AGREEMENT: These Terms and Conditions, as they may be amended from time to time as referenced in paragraph (11) above (and any other terms and conditions referenced herein), constitute the entire agreement between Client and Wheels Up Adventures with respect to travel bookings made with Wheels Up Adventures by any means of accessing such information, including its website and these Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written. A printed version of these Terms and Conditions 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.