By approving an itinerary, authorizing payment, or otherwise engaging the services of E. Clarke Travel (“E. Clarke Travel,” “we,” “us,” or “our”), you (“Client,” “Traveler”) acknowledge that you have read, understood, and agreed to the following Terms & Conditions.
1. AGENCY DISCLOSURE & REGULATORY COMPLIANCE
E. Clarke Travel is a retail travel agency acting as an intermediary between clients and independent travel suppliers, including but not limited to airlines, hotels, cruise lines, tour operators, ground transportation providers, villa operators, and activity providers (“Suppliers”).
E. Clarke Travel holds IATA industry accreditation.
Travel services are subject to governmental regulation at the local, national, and international levels. By booking through E. Clarke Travel, Client acknowledges and agrees that compliance with all applicable laws and regulations is ultimately the responsibility of the Traveler.
2. ROLE OF E. CLARKE TRAVEL – AGENT VS. ADVISOR
a. Travel Agent Role
When making reservations, issuing tickets, collecting payments, or transmitting booking information, E. Clarke Travel acts solely as a sales agent for the applicable Supplier. E. Clarke Travel does not own, operate, manage, or control any Supplier.
b. Travel Advisor Role
In providing recommendations, destination guidance, itinerary suggestions, or experiential advice, E. Clarke Travel acts as a travel advisor, offering professional insight based on experience, Supplier information, and Client preferences. Advisory services do not constitute guarantees regarding safety, performance, suitability, or outcomes.
Client acknowledges that:
● Advisory recommendations are not guarantees.● Final travel decisions rest solely with the Client.● E. Clarke Travel does not independently verify Supplier representations unless expressly stated.
3. AIRLINE-SPECIFIC DISCLOSURES
a. Airline Ticket Validity
Most airline tickets have specific validity and expiration rules, which may limit changes, refunds, reuse, or rebooking after a defined period. Client acknowledges responsibility for understanding and complying with airline ticket rules.
b. Insecticide & Hazardous Materials Disclosure
Client acknowledges that:
● Aircraft cabins, cargo holds, and airport facilities may be treated with insecticides as required by certain countries or airlines.● Air travel involves the transport of regulated or hazardous materials, and travelers must comply with all airline and governmental restrictions on prohibited items.
E. Clarke Travel does not control airline compliance with these regulations and assumes no liability related thereto.
4. TRAVEL DOCUMENTS, PASSPORTS, VISAS & ENTRY REQUIREMENTS
Client assumes full responsibility for obtaining and verifying all required travel documents, including but not limited to:
● Passports (including validity periods beyond return date)● Visas (including transit visas)● Vaccination certificates or health documentation● Entry permits● Minor travel documentation
This responsibility applies to all travelers, including infants and children.
E. Clarke Travel has no duty to independently verify documentation requirements and shall not be responsible for denied boarding, refused entry, fines, penalties, quarantines, or other consequences due to improper or incomplete documentation.
For official guidance, Client is advised to consult government sources such as the U.S. Department of State at https://www.state.gov/ and the Centers for Disease Control and Prevention (CDC) at https://www.cdc.gov/.
5. HEALTH, SAFETY & TRAVEL ADVISORIES
Client acknowledges that travel may involve risks, including but not limited to illness, crime, terrorism, political unrest, natural disasters, and public health emergencies.
E. Clarke Travel does not warrant or guarantee:
● Safety conditions● Health conditions● Political stability● Environmental conditions
Client agrees to independently review government advisories, health notices, and local laws and customs prior to travel and throughout the trip.
6. ILLEGAL SUBSTANCES & PROHIBITED ITEMS
Client acknowledges sole responsibility for complying with all laws related to prohibited or controlled substances, including but not limited to illegal drugs, cannabis (including medical marijuana), narcotics, and restricted items.
E. Clarke Travel bears no responsibility for any arrest, detention, seizure, fines, denied boarding, denied entry, or legal consequences arising from Client’s possession or transport of prohibited substances or items.
7. DOCUMENT REVIEW & ACCURACY
Client agrees to review all travel documents immediately upon receipt, including but not limited to itineraries, invoices, airline tickets, hotel confirmations, cruise documents, and names/date-of-birth details.
Client is responsible for promptly notifying E. Clarke Travel of any errors or discrepancies. Failure to notify E. Clarke Travel within a reasonable time may result in additional Supplier fees, denial of boarding, or other travel disruptions, for which E. Clarke Travel shall not be liable.
8. SPECIAL NEEDS, DISABILITIES & FITNESS TO TRAVEL
Client is responsible for informing E. Clarke Travel, prior to booking, of any medical conditions, mobility limitations, disabilities, dietary needs, or other special requirements.
Client acknowledges that:
● Many travel services, facilities, and destinations—particularly outside the United States—may not meet U.S. accessibility standards, and accommodations may be limited.● Suppliers may impose safety requirements and may deny participation in certain activities where they determine participation may pose a safety risk.● E. Clarke Travel cannot guarantee accessibility, accommodation availability, or the suitability of any trip for a Client’s specific needs.
Client represents that all travelers are physically and mentally capable of participating in the travel and activities booked, and accepts responsibility for obtaining any required medical clearance.
9. CANCELLATIONS, REFUNDS & CHARGEBACKS
a. Supplier Policies Govern
All bookings are subject to the cancellation, refund, and change policies of the applicable Supplier. These policies may be strict, non-refundable, or penalty-based.
b. Client Agreement to Policies
By approving an itinerary or authorizing payment, Client expressly agrees to all applicable Supplier and E. Clarke Travel cancellation and refund terms.
c. Chargeback Prohibition
Client agrees not to initiate a chargeback, payment dispute, or payment reversal for services properly rendered, booked, or arranged in accordance with these Terms & Conditions.
Chargebacks initiated in violation of this provision constitute a breach of contract. Client agrees to be responsible for any resulting costs, fees, penalties, or damages incurred by E. Clarke Travel, including reasonable costs incurred in responding to or disputing such chargeback.
10. TRAVEL INSURANCE
Travel insurance is strongly recommended and may be offered in connection with your booking. Client acknowledges that failure to purchase insurance increases financial risk and releases E. Clarke Travel from responsibility for losses that could have been covered by insurance.
11. FOOD ALLERGIES, DIETARY RESTRICTIONS & CULINARY EXPERIENCES
While E. Clarke Travel may communicate Client preferences to Suppliers, final responsibility for food preparation and compliance rests solely with the Supplier.
E. Clarke Travel assumes no liability for food allergies, dietary restrictions, cross-contamination, or Supplier non-compliance. Client agrees to take appropriate personal precautions.
12. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
● E. Clarke Travel shall not be liable for any injury, loss, damage, delay, inconvenience, or expense caused by Suppliers or third parties.● Any claim against E. Clarke Travel shall be strictly limited to the amount of commissions and/or service fees actually earned by E. Clarke Travel in connection with the booking at issue.● Under no circumstances shall E. Clarke Travel be liable for consequential, incidental, indirect, or punitive damages.
13. FORCE MAJEURE
E. Clarke Travel shall not be liable for failure or delay in performance due to events beyond its reasonable control, including but not limited to:
● Acts of God● Pandemics or epidemics● Quarantines● Natural disasters● Severe weather● Government actions● Supplier insolvency● Transportation disruptions● Power, communications, or systems failures
Such events do not entitle Client to damages beyond Supplier-issued refunds, if any.
14. NO CLASS ACTIONS / CONSOLIDATED CLAIMS
To the fullest extent permitted by law, Client agrees that any claim against E. Clarke Travel shall be brought only in Client’s individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.
Client further agrees not to join or consolidate claims with other travelers or third parties.
15. TIME LIMIT TO BRING CLAIMS
Any claim, cause of action, or legal proceeding arising out of or related to E. Clarke Travel’s services, these Terms & Conditions, or any booking arranged by E. Clarke Travel must be commenced within one (1) year after the event giving rise to the claim. Otherwise, the claim is permanently barred to the fullest extent permitted by law.
16. WEBSITE DISCLAIMER
All information on E. Clarke Travel’s website is provided “AS IS.” We are not responsible for third-party links, Supplier content, or technical errors or omissions.
17. GOVERNING LAW & VENUE
These Terms & Conditions shall be governed by the laws of the State of New Jersey. Any dispute shall be resolved exclusively in a court of competent jurisdiction located in New Jersey.
18. ACCEPTANCE OF TERMS
Client acknowledges that acceptance of these Terms & Conditions occurs via itinerary approval, payment authorization, or electronic checkbox confirmation. Such acceptance constitutes a legally binding agreement.