The Tynan Company, LLC dba The Tynan Travel Company seeks to offer the highest level of bespoke travel services for our clients.  We understand the unique travel needs of the discerning private client and family office, and therefore partner with the best in global luxury travel.

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The Tynan Company, LLC dba Tynan Travel Company, is a Texas Limited Liability (“Tynan Travel” “Tynan” “we” or “us”). In this Agreement/Terms & Conditions references to "you” “client” and "your" include the individual or associated entity listed on this document or the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred. Tynan Travel and you are sometimes referred to herein as a “Party” or together as the “Parties.”

 
1.  Agreement
As a client, any bookings you make with us are subject to the following Client Terms and Conditions, our privacy policy and any other written information we provide to you regarding your bookings (this “Agreement”).  This Agreement sets out important rights as well as legal obligations you make when booking travel with us.  As such we request that you read this agreement carefully. When you make a booking, you and all guests traveling with you are agreeing to the entirety of the terms below.  Should you or any of your guests disagree with any of the terms, you should notify us immediately. When you make any booking with us you are representing that you have legal authority for all those for whom the booking is made.

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We will work with you to plan each travel related detail of your trip.  Once a booking is made, you will receive a confirmation. Please check this confirmation for accuracy and notify us as soon as possible if there are any discrepancies. 
 
2.  Price and Payment
Planning travel takes extensive time and resources. Our travel experiences include the peace of mind that comes with using a professional service.  For us to perform these services, we may charge a professional planning and design fee or retainer.  If this applies to your trip the fee schedule and details will be attached hereto as Exhibit A.  Because this planning and design fee or retainer represents our time dedicated to planning your trip, it is non-refundable even if you do not ultimately book travel or if the trip is cancelled for any reason.  We will work with you to plan a personalized itinerary that meets your travel needs. After any adjustments to your travel plans, you will receive an itinerary (or similar documentation) which will contain the price quote. Please note that prior to payment, availability and prices may change.  This can occur due to fuel surcharges, changes in the exchange rate, supplier increases, or other market conditions.  We will notify you of any such changes. Payment is due as indicated.

Additionally, by providing your payment methods, such as credit cards, to Tynan, you are authorizing us to convey them to our providers and suppliers. Some credit card companies require a signed authorization for use by an agency, which you agree that signing this document will fulfill.

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This authorization is necessary so that we can process your payments and fulfill your orders. We will only share your payment information with our providers and suppliers who are essential to providing you with our services. We will not share your payment information with any other third parties without your prior consent.

Please review confirmations and associated documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us within 24 hours of booking with any corrections. Legal names must match government issued IDs exactly to avoid possible issues while traveling.

 

3.  Changes to Your Trip
If you wish to amend your booking after receiving the final invoice or similar documents, you must contact us.  We will work with suppliers to make changes; however, changes are subject to the Supplier’s terms, and you will be responsible for any change fees that may apply.  In some case, airlines and hotels may deem changes a cancellation for which cancellation fees may apply.  Any changes to a booking that involve the addition of sequential nights to a stay will be considered an amendment to the original booking, regardless of whether the extra nights are booked by the person who made the original booking, or by another guest with whom they are staying.
 
4.  Cancellation of Your Trip
Planning bespoke travel takes extensive time, research, and resources of Tynan. All Suppliers have their own cancellation policies, which apply to your booking. Should you need to cancel please send your cancellation request to us in writing via e-mail with read receipt enabled.  Upon, receipt of your cancellation request, Tynan Travel will follow industry procedures for any applicable refunds as outlined in the Suppliers’ terms and subject to their review. If you are entitled to a refund, please note that the Supplier is responsible for this refund, not Tynan Travel.  Generally, flight tickets, hotel reservation and other items provided for the travel cannot be refunded if they are partially used. We are not responsible for a Supplier’s failure to pay a refund.  Money will be refunded to the original payor.
 
Please note, that certain Supplier’s terms contain a 100% cancellation penalty after booking, in such case, there will be no refund for that portion of the travel.
 
5.  Cancellation by a Supplier
We will inform you as soon as reasonably possible if a Supplier needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier, but we will have no further liability to you. If the Supplier is unable to offer agreeable alternative services, we will work to obtain and secure an alternate supplier for your travel. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency or inability to perform.
 
6.  Cancellation due to Force Majeure
We cannot accept liability, provide any refund, or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, inconvenience or damage as a result of circumstances amounting to “force majeure”. “Force majeure” means any event or circumstances which we or the supplier of the services in question could not foresee or avoid. Such events and circumstances may include, acts of God, actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation, adverse weather conditions, fire and all similar events outside our control. Furthermore, there will be no refunds due to fear of travel from actual or threatened terrorist, health, political, pandemic or other similar events. In the case of a Force Majeure event, we retain the right to retain our professional planning and design fee or retainer, if applicable, which is outlined in our individual client documents.
 
7.  Travel Protection
Unfortunately, even the best laid plans can fail.  While we strive for excellence in our service, factors do happen that are beyond the control of anyone.  Sudden illness either before or during travel can lead to the cancellation or amendment of plans; unplanned events may make travel impossible; or you may simply decide that you do not want to travel.  For this reason, we strongly recommend that you purchase a travel protection plan, including cancel for any reason coverage.  You should discuss your coverage needs with a qualified insurance broker. Should you choose not to purchase appropriate Travel Protection, we will not be liable for any losses you suffer which travel protection would have covered. For avoidance of doubt or confusion, Tynan Travel is not a certified broker of insurance or charter. Clients are encouraged to communicate directly with associated brokers for clarification of policy or contractual terms of associated brokerage documents.
 
8.  No Liability for Acts or Omissions of Vendors or Contractors; Release of Claims
Tynan Travel is merely an agent for Clients and does not itself own or operate any entity or business that provides  goods or services for any Client trip including without limitation, hotels or other lodging facilities, airline, vessel, or other transportation companies, local ground operators, providers or organizers of optional or included excursions or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors that Tynan Travel works with as such. You therefore fully and forever release and hold harmless Tynan Travel, its owners, officers, governing persons, members, employees or agents (“Affiliates”) for and from any negligent or willful act or failure to act of any such person or entity, or of any other third party, and you hereby release and covenant not to sue Tynan Travel or its Affiliates for any such actions or omissions by Tynan , its Affiliates or any such third parties. Without limitation, Tynan Travel is not responsible for any injury, loss, or damage to your person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities or private residences, mechanical or other failure of airplanes (both commercial and private) or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as zip lining, snorkeling or scuba diving, paddle boarding, horseback riding, surfing, swimming, kayaking, sailing, canoeing, rafting, hiking, bicycling, rock climbing, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics, pandemics or the threat thereof or for any other cause beyond the reasonable control of Tynan Travel. Tynan Travel reserves the right to change hotels, the itinerary, or other features of the trip if Tynan Travel believes it will enhance the safety, comfort or enjoyment of the trip for you, but in each case, if feasible, with Client’s prior consent.  We are not responsible for lost or damaged luggage or its contents.

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9. COVID-19 and Infectious Disease Release and Waiver
By booking travel at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 (or other infectious disease) by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by Tynan Travel.

You acknowledge that due to the uncertainty of travel, your tour may be postponed or cancelled or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination.  You are responsible for understanding these requirements and must not rely on Tynan Travel to provide these details. You understand that you may become sick before, during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable. 

You agree that due to uncertainty caused by COVID 19 and other infectious diseases, Tynan Travel has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, Tynan Travel shall not be liable to any losses howsoever arising. You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin, hereby fully and forever release and hold harmless Tynan Travel, its members, officers, governing persons, agents, and/or employees, suppliers, and other tour members, of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part  to any Postponement, cancellation, changes, injury, disability, death or any other loss you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID-19 or other infectious diseases, whether arising from the negligence of Tynan travel, its Affiliates or otherwise, to the fullest extent permitted by applicable law. 
 
10.  Indemnification
Client agrees to and shall indemnify and hold harmless Tynan Travel and its Affiliates from any and all claims (including, without limitation, any third-party claims), expenses, losses, liabilities, judgments, settlements or costs (collectively, “Damages”) involved with or incurred by Tynan Travel (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, lawsuits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) Client’s breach or violation, or threatened breach or violation, of this Agreement and (ii) any Damages caused by Client while traveling with Tynan Travel.
 
11.  Destinations and Documentation
Travel to many parts of the world may involve the risk of a variety of hazards to health and/or safety, including but not limited to disease, crime, terrorism and warfare. Because each guest’s risk tolerance is different, Tynan Travel is not able to advise or recommend whether travel to any particular place at any particular time should take place. It is recommended that you refer to objective third-party sources of travel information, such as that maintained by the U.S. Department of State (travel.state.gov), Center for Disease Control (cdc.gov), or any other applicable government authority in your respective jurisdiction. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country as well as understanding local laws that govern travel within a country, such as tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, Tynan Travel will not be liable for damages or losses that result from travel to such destinations.

Your passport must be valid for 6 months after your return to the U.S. It is your responsibility to obtain any required visas. Additionally, many other countries in addition to the United States require extended validity of immigration documents. Clients are advised to verify applicable law associated with anticipated travel. We are not responsible for delayed processing of visas and passports by Consular offices and normal cancellation charges will apply.
 
For up-to-date visa requirements US citizens should visit www.travel.state.gov. It is your sole responsibility to secure and/or pay for all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities.  Please note that entry to any country may be refused even if the required information and travel documents are complete. Tynan Travel bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.

 

Health: Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
 
12. Flights
Occasionally airlines and private charter operators change flight schedules and may even cancel flights entirely. These changes are beyond Tynan Travel’s control. If such a situation occurs, Tynan Travel will do it’s very best to assist you with finding best possible alternate option(s). If the flight time change is minor (2 hours or less) the airline will automatically make the change (airline policies/rules entitle them to legally do so), for private charter bookings, the terms and conditions of reschedule will be outlined in your respective charter contract. Tynan Travel will notify you of major changes. Please Note: there may be additional costs to re-book a new flight should the airline or private charter operator cancel or make a major change to your original flight itinerary. Tynan Travel is not responsible for any additional costs or fees imposed by the airlines. Tynan Travel advises you personally to re-confirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays.
 
13.  Accuracy and Accommodations
We endeavor to ensure that all the information and prices both on our website and in our communications, are accurate; however occasionally changes and errors occur, and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.

Guests should be aware that hotel room sizes, standards and facilities can vary regionally and are often different from standards in the United States. Additionally, hotels and other accommodations may amend their offerings from time to time without notification. This can include difference in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning, facility availability, and compliance with other standards such as ADA and wheelchair accessibility. One of the joys of international travel is experiencing different cultures and different ways of life so we hope that you will accept these differences with grace and a sense of adventure.

Additionally, guests should be aware that star ratings or similar systems are based on country classifications and therefore can differ.  While Tynan Travel does its best to maintain current and accurate information regarding these Suppliers, we cannot be held responsible for any inaccuracies in Supplier descriptions, amenities, or images.
 
14.  Complaints
Should you have any complaints about an aspect of your trip arrangements when traveling, you must inform Tynan Travel and any appropriate Supplier immediately. Most problems can easily be dealt with at that time. Please note if you do not report a problem or complaint which, if it had been reported at the time it occurred could have been resolved there and then, we cannot accept any liability in respect of that problem or complaint. In the unlikely event that an acceptable solution cannot be found, you should then write to us within 30 days of your return with full details of your complaint.  All complaints must be in writing and received by either email or USPS.  Our client service team will work with you towards resolution but may request additional information from you, so please make sure that you save any pertinent documents or photographic evidence.  Resolution may take 60 days or longer.  Complaints regarding accommodations, ground, tour, or airfare must be addressed directly with the supplier.  Nothing in this paragraph should be construed as a promise by Tynan Travel to settle or refund any money to you.
 
15.  Non-Disparagement/Decorum
Client shall not, at any time, make statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, or take any action which may, directly or indirectly, disparage Tynan Travel or its respective officers, directors, employees, advisors, businesses or reputations. In the event you violate this provision, it is understood that you will be causing irreparable harm to Tynan Travel, as such, monetary damages will be due to Tynan Travel or its respective officers, directors, employees, or advisors.

Tynan Travel’s respective officers, directors, and employees are required to always conduct themselves in a professional manner. Client understands that poor behavior while traveling can adversely affect Tynan’s reputation with Suppliers. Client also understands that abusive language or harassment of Tynan’s respective officers, directors, employees, or advisors will not be tolerated and will result in an immediate suspension of services.
 
16. Limitation of Liability; No Consequential, Indirect or Punitive Damages; Maximum Liability
No Consequential, Indirect, or Punitive Damages. IN NO EVENT SHALL TYNAN TRAVEL OR ANY OF ITS AFFILIATES BE LIABLE UNDER THIS AGREEMENT TO THE CLIENT OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT THE CUSTOMER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
Maximum Liability. IN NO EVENT SHALL TYNAN TRAVEL’S (INCLUDING ITS AFFILIATES) AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO TYNAN TRAVEL BY CLIENT PURSUANT TO THIS AGREEMENT.
If Remedy Fails of Essential Purpose. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF THE CLIENT’S REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE.
CLIENT ACKNOWLEDGES AND AGREES THAT THE PARTIES ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT, THAT THE SAME REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL ITS ESSENTIAL PURPOSE AND CAUSE THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS), AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

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17.  Governing Law/Jurisdiction
All matters concerning this Agreement shall be governed by the laws of the State of Texas.  Legal proceedings against Tynan Travel may be instituted only in a state or federal court in Dallas County, Texas, and any claim involved in such proceedings shall be decided in accordance with the laws of the State of Texas. Any claim against Tynan Travel must be commenced in writing and within one year following the date of travel completion.

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18.  Severability
If any provision of this Agreement is held by a court of law to be illegal, invalid, or unenforceable, that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

 

19. Headings
The headings of the paragraphs of this Agreement are inserted solely for the convenience of reference. They will in no way define, limit, extend, or aid in the construction of the scope, extent, or intent of this Agreement.

 

20. Counterparts; Electronic Signatures
This Agreement and any amendments may be executed in counterparts that, taken together, shall constitute one original. The Parties agree that this Agreement may be transmitted between them by electronic transmission (e.g., facsimile or email) and intend that electronically-transmitted signatures (including DocuSign) constitute original signatures and that an electronically-transmitted agreement or counterparts containing the signatures (original or electronically-transmitted) of all the Parties is binding upon the Parties.

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21.  Entire Agreement
This Agreement contains the entire agreement and understanding between the Parties concerning its subject matter. This Agreement supersedes and replaces all prior negotiations, proposed agreements, and agreements (oral and written), concerning the matters addressed herein and may not be contradicted by evidence of prior or contemporaneous agreements, whether oral or written, between the Parties. The Parties warrant and represent that there are no oral agreements between them.

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22.  Survival
The agreements and obligations of the Parties as set forth in this Agreement, including, without limitation, any representations, warranties, covenants, indemnification, limitations of liability and releases shall survive any termination or cancellation of this Agreement.