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Terms & Conditions of Agreement

THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN you the CUSTOMER, (purchaser and/or traveler “you and/or your”) and KAHALA TRAVEL OF SAN DIEGO, CALIFORNIA located at 3838 Camino del Rio, N #300 San Diego, CA  92108, with respect to travel bookings made with KAHALA TRAVEL.  No alterations of these terms and conditions may be made by any KAHALA TRAVEL employee, representative or agent, unless in writing by an officer of KAHALA TRAVEL.

Responsibility
KAHALA TRAVEL is not the source or supplier of the travel services and acts solely as a booking agent for disclosed principal suppliers, and other independent contractors providing transportation, accommodations and/or other services.  Each of these companies, whose names appear in the travel documentation, is an independent legal entity with its own management, and is not subject to the control of KAHALA TRAVEL.  KAHALA TRAVEL is not liable for any changes or alterations made by the supplier to the travel booking and/or itinerary including but not limited to transportation, accommodations and/or other services.  KAHALA TRAVEL is not liable for any personal injury or property damage which may arise out of these services.

KAHALA TRAVEL reserves the right to cancel or alter any itinerary or portion thereof as it deems necessary or desirable which may be replaced with a comparable one, for any number of reasons, including but not limited to severe weather, strike or government intervention. 

KAHALA TRAVEL reserves the right to refuse or to retain any person at any time as members of any tour.  KAHALA TRAVEL also reserves the right to pass on to customers any expenditure brought about by delays or events beyond its control, including but not limited to local  conversion rates or increases, government fees and fuel surcharges.

Travel Documents
It is the responsibility of each traveler including children and infants to obtain and carry with them proper documentation, whether passport or visa, required by each government.  We recommend that each traveler have at least six (6) months left on their passport from the date of their return. http://travel.state.gov/passport/passport_1738.html

Non US Citizens may require additional documentation and we urge each traveler to check with their Consulate.

Minors traveling with one parent and/or without either parent must travel with a notarized consent form required by the authorities.

Many countries require documentary evidence of the traveling adults' relationship to the child and permission of the parent(s) or legal guardian before they will allow the child to cross the border.  These requirements are in addition to passport or proof of citizenship requirements.

Minor traveling with one parent: If a minor child is traveling with only one parent, the absent parent is recommended to provide notarized consent. If only one parent has legal custody, that parent should be prepared to provide a court order of child custody to airlines and international authorities.

Minor traveling alone: If a minor child is traveling alone or in someone else's company, both parents, (or the sole documented custodial parent) are recommended to provide notarized consent.

Minor with a different last name: If a child traveling has a different last name from the mother and/or father, the parents should be prepared to provide evidence to airlines and official authorities, such as a birth certificate or adoption decree, to prove that they are the parents.

Minor has one deceased parent: If one parent is deceased, a death certificate should be readily provided by the other parent.

Minor has one parent: If the birth certificate shows that the minor only has one parent, it will be sufficient to hold only a notarized copy of the birth certificate.

Health Requirements
It is the responsibility of each traveler to verify immunization requirements for each country visiting.   All vaccinations, if any, must be recorded properly by a health practitioner and must be carried with you at all times.  KAHALA TRAVEL recommends before booking that you check the health requirements relating to specific destinations and documentations by visiting www.travel.state.gov and the U. S. Centers for Disease Control www.cdc.gov/travel/camerica.htm.

It is the customer’s responsibility to seek medical advice relevant to your health from your doctor prior to booking with Kahala Travel.  KAHALA TRAVEL does not take responsibility for illness, injury or death sustained on a travel booking sold by KAHALA TRAVEL. 

Risks & Safety
KAHALA TRAVEL encourages each traveler to be informed about travel warnings to destinations that you will be visiting.  This information can be found by visiting www.travel.state.gov  www.tsa.gov  www.dot.gov  www.faa.gov

KAHALA TRAVEL does not represent or warrant that travel to such points is advisable or without risk and is not liable for damages resulting from traveling to such destination.  Customer’s participation constitutes acceptance of such risk.

Terms & Conditions
You warrant that you are at least 18 years of age and posses the legal authority to enter into an agreement with KAHALA TRAVEL for the purpose of booking travel.  You warrant that all information provided to KAHALA TRAVEL is true and accurate. 

You agree to abide by the terms and conditions of purchase imposed by KAHALA TRAVEL and any supplier’s rules and restrictions with whom you agree to deal with, including but not limited to payment of all amounts when due.  You understand that violation of these rules and/or restrictions may result in cancellation of your reservation, denied access to all travel services and forfeiture of monies paid.

Late Bookings
Prospective customers are encouraged to reserve early to avoid disappointment and/or additional fees.

Alterations of Confirmed Bookings
KAHALA TRAVEL will attempt to assist the traveler for any alterations of your confirmed booking.  These alterations will incur an administrative charge.

Payments & Documents
You agree to be financially responsible for all charges and/or fees arising out of your travel bookings provided by KAHALA TRAVEL as well as for use of your account by others.  Final payment is due prior to departure according to each supplier’s terms and conditions.  If full payment is not received by due date, reservations are subject to cancellation and deposits forfeited. 

Airline tickets may not be included, unless set forth in writing.  It is the customer’s responsibility to make appropriate air arrangements and well as travel to and from the destination where travel begins.

Service Fees
These fees cover the costs incurred by KAHALA TRAVEL in servicing your travel booking.

Insurance
KAHALA TRAVEL strongly recommends the purchase of travel insurance which KAHALA TRAVEL makes available to each traveler.

Refund of Unused Arrangements
Upon cancellation, any funds paid to KAHALA TRAVEL not under penalty by vendor or KAHALA TRAVEL shall be returned to passenger, however there will not be any refund for any unused portion of a tour and/or cruise.

Seller of Travel
KAHALA TRAVEL is a registered to sell travel within California, CST #2005620-10 however registration does not constitute state's approval.  The California Seller of Travel requires sellers of travel to have a trust account or bond.  KAHALA TRAVEL maintains a bond.

FORCE MAJEURE
"Force Majeure" means, in relation to KAHALA TRAVEL, any circumstances beyond the reasonable control of KAHALA TRAVEL, including, but without limitation, war or threat of war, declared or undeclared, acts of terrorism, strike, riot, government intervention, crime or acts of God (flooding, forceful winds, earthquake, volcano) or other events or conditions.

KAHALA TRAVEL or any of their suppliers shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, 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.

KAHALA TRAVEL shall use reasonable efforts to reimburse you where possible however KAHALA TRAVEL shall be entitled to deduct from any refund the reasonable actual and potential costs to KAHALA TRAVEL of the Force Majeure.

Regarding civil unrest, once KAHALA TRAVEL has investigated the prevailing situation, KAHALA TRAVEL shall use its sole and absolute discretion as to whether to proceed with the trip.  You may in such circumstances cancel the trip subject to supplier terms and conditions.

General
This agreement is governed by the laws of the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, in all disputes arising out of or relating to travel bookings with KAHALA TRAVEL, including the use of the KAHALA TRAVEL website.

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.  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.

Any rights not expressly granted herein are reserved.

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