I understand that I am booked with 2504029 Delaware Inc., carrying on business as Breakaway Beach [“Breakaway”]. Breakaway makes arrangements with suppliers who provide travel services such as air travel, cruises, hotels, buses, sightseeing, car rental or other activities included in, or offered in addition to, a tour package. Breakaway does not control, operate, own or manage any vehicle, hotel, resort, cruise ship, restaurant or other supplier of services.

PRICE, TAXES & FEES

Prices are per person in US Dollars unless otherwise stated and are subject to availability at the time of booking. Pricing is based on the occupancy chosen; should your occupancy change for any reason you are responsible for paying any difference in price.  A non-refundable booking fee is included in the package price. This contract permits price increases. The prices advertised are based on the costs of the suppliers at the time of booking. These costs are dependent on fuel costs, rate of exchange and other factors and the price may increase due to a change in these fixed costs. 

BILLING & PAYMENTS

As a Breakaway passenger and parent/guardian, you agree to provide Breakaway with complete and accurate billing information at the time your account is created and to update this information within 15 days of any change. Such billing information includes but is not limited to your legal name, mailing address, and telephone number(s) and any applicable e-mail addresses. Providing false billing information shall be the cause for immediate and permanent termination of your reservation.

PAYMENT DUE DATES

All of our trips are broken into monthly installments with the balance payment due approximately 90 days prior to the departure date. Payment dates are displayed during the online booking process. Registered passengers can find their specific payment schedule under the Payment Info tab of your My Profile. All monthly payments are mandatory, failure to make a payment may result in you losing your place on the trip and/or your early booking price. Late payments may also be subject to a late fee. You need to make all payments according to the payment schedule in order to ensure your space on the trip.

PAYMENT FOR SERVICES RECEIVED 

You agree to pay for all of the services you receive.

DATA PRIVACY POLICY

Breakaway agrees not to use cardholder names, account numbers or other credit card transaction information embossed, encoded, or appearing in any other manner on a card for any purpose other than for the sole purpose of assisting Breakaway in completing the transaction, or as specifically required by law. Breakaway also agrees not to disclose this information to any third party other than the financial institution or its designated agent.

PAYMENT METHODS

Breakaway Beach accepts all major credit cards and Visa Debit. Breakaway Beach’s system will automatically charge your credit or debit card for the payment for each installment as they come due if there is an active card on the account. If you cancel your credit or debit card or if your details change it is your responsibility to contact Breakaway Beach with updated information. If the payment method is by debit card you must log-on to your online portal and make payment prior to the payment due date. If for any reason your credit card company or bank refuses to make payment of the amount billed to your credit card, your account will be placed in a delinquent status, which may, at Breakaway’s sole discretion, include immediate termination of your reservation.You are responsible for payment for the Services regardless of if you receive an invoice. 

DELINQUENT OR NON PAYMENT 

Breakaway reserves the right to cancel and remove an account, without notice, those that have been placed on delinquent status and all payments made will be non-refundable. Breakaway reserves the right to charge a $75 to $150 fee to reinstate cancelled reservations. Reinstated delinquent accounts may no longer be entitled to the Early Booking Bonus or extra incentives received at the time of the initial booking.

CANCELLATION OF SERVICES

All cancellation requests must be given in writing to info@breakawaybeach.com. Cancellations will be effective as of the date received. All monies received to the date of cancellation including insurance purchased, and any add-ons purchased, are non-transferable and non-refundable. 

CHANGE OF NAME

A name change is possible subject to approval by our suppliers. To request a name change your account must be current and up to date. You cannot name change with an existing passenger, or anyone who was previously registered on your tour. There is no fee charged by Breakaway for a name change, however our suppliers may in certain cases charge a fee. Within 30 days of departure name change requests are not accepted.

SUPPLIERS

Breakaway packages together services from tour operators and other suppliers of service [travel agencies, destination management companies, airlines, hotels, coach companies, ground operators, event planners and others] which, together, form the tour package you purchase,  these are independent parties over which we exercise no direct control. Breakaway shall not be liable for any claims, losses, damages, costs, expenses, delays or loss of enjoyment of any nature or kind whatsoever, to you or your travelling companions or group members, resulting from the acts, omissions or negligence of any of these independent parties. 

TOUR PACKAGES

Tour Packages include the following [unless otherwise stated]: Return Airfare, Hotel Accommodation [number of nights and inclusions as stated], Hotel Transfers, Assistance at Destination. Departures generally occur between Thursday to Monday of the selected week, but can leave as early as Wednesday on the selected travel week or as late as the following Tuesday. 

Breakaway reserves the right to withhold or change exact travel dates until the entire group has paid in full and/or it is within 60 days of the travel week selected. Breakaway and suppliers reserve the right to cancel a tour or modify the travel service you have purchased by changing the dates or destination, substituting services, varying the itinerary, changing the aircraft, hotel or otherwise up to the departure. In this case a comparable or superior product will be offered. In the event of postponement a trip credit for the full value of the trip costs will be offered for future travel for no less than 12 months after the original scheduled trip.  

 Breakaway and suppliers reserve the right to cancel or postpone a tour or modify the travel service you have purchased by changing the dates and destination, substituting services, varying the itinerary, changing the aircraft, hotel or otherwise up to the departure. In this case a comparable or superior product will be offered. Suppliers may have the right to substitute other suppliers in their place with or without notice to Breakaway and/or passengers. Breakaway does not assume responsibility for any claims whatsoever resulting from such substitution. Breakaway reserves the right to change or postpone dates, destination, tour package and/or itinerary whenever, in its judgement, conditions warrant or it is deemed necessary for the convenience, comfort or safety of the tour. 

AIR TRANSPORTATION

Breakaway uses both scheduled and chartered air carriers. The routing may include a stopover or a connection via highway coach or air carrier. In some cases overnight stays in a city that is not your final destination may be required. In this case Breakaway may provide overnight accommodation as part of the package price. It is the sole responsibility of the passenger to reconfirm inbound and outbound flight times with the respective carrier. 

Baggage allowances vary and should be verified with the air carrier. Airline tickets state the conditions of carriage and liabilities. Scheduled flight times are not guaranteed and may affect the duration of your stay at destination without any compensation. Expenses incurred due to delays or missed connections are beyond the control and responsibility of Breakaway.

ACCOMMODATION

The hotel accommodation selected is your preferred selection and may be substituted or modified for a hotel within the same category, or from a higher category, at any time. Reasons for a modification in hotel accommodation may include, but are not limited to: construction, change in hotel policy, change in services standards or overbooking.

 Hotel rooms are based on run-of-the-house room availability. Cots may be available at an extra cost but cannot be guaranteed. Certain hotels have a per diem charge for the use of safety deposit boxes. At the hotels discretion a security deposit may be required. Breakaway requires a security damage deposit, or the purchase of room damage protection. 

Breakaway does not hold responsibility for charges incurred by passengers in the hotel such as, but not limited to: mini-bar, room service, phone calls, safety deposit boxes or damage to the room or premises. Breakaway is not liable and can not control the decision of the hotel management to remove a passenger from the hotel.

DAMAGES

Unless otherwise stated, each room must choose collectively to make a damage deposit or pay a damage protection fee. The options are a $60 USD deposit – this deposit is refundable upon checkout, provided there is no damage. I understand and acknowledge that I and my roommates collectively are responsible for damages to the hotel room and common areas and that the deposit will be put towards the cost of any damage  regardless of how caused, and that we will be responsible for the cost above the deposit amount; or, 20 USD protection fee, the fee is non refundable. I understand and acknowledge that only accidental damage will be covered if we selected the $20 protection. Hotel cleaning charges and/or smoking charges are not covered nor is any damage that is a result of a violation of the code of conduct.  Accidental is defined as occurring without intent to damage, and is determined by Breakaway Travel and/or hotel staff. Damage which is the result of intentional damage is not covered and will be the responsibility of the occupants. In the event that it is not clear if the damage was either accidental or intentional, the damage shall be deemed to be accidental. I understand the maximum damage covered is $500 USD per room and damage above this amount, even if accidental, will be the responsibility of the occupants of the room.  

ROOMING

Upon booking, passengers must select their desired room occupancy – the occupancy selected will affect the cost of the trip. Once room occupancy is chosen, passengers are responsible for selecting roommates based on that occupancy. Passengers must submit their roommate selection by the assigned deadline. If the passenger does not submit a request, an incomplete request is submitted, or the submitted request cannot be completed, Breakaway will assign roommates of the same gender and group, and/ or adjust the passenger’s occupancy as necessary. Should the number of people in your room change, whether it was changed at your request, circumstances out of your control or by Breakaway when assigning rooms, you will be responsible for finding additional roommates to fill the space and/or paying the additional cost associated with an occupancy change. Breakaway reserves the right to adjust room assignments based on hotel space and availability. The room occupancy of your choice may not always be available due to hotel space limitations and/or restrictions.

LIVING STANDARDS

Living standards and practices at the destination and the standards and conditions there with respect to the provision of utilities, services and accommodation may differ from those found in the United States of America.

INSURANCE

Insurance may be included in your trip if stated. Additional insurance may be available for purchase, with restrictions as stated. The cost of insurance is non refundable if you cancel your trip. Insurance is only in effect from the date it is paid and added to your trip. The initial booking fee is a non-refundable booking fee, the booking fee does not form part of the trip costs and is not covered by insurance. Unless otherwise stated, for flight trips, the maximum amount of coverage for trip cancellation and/or interruption purposes is $2000 USD. Insurance does not cover international students, the Policy coverage is for citizens of the country of departure. I understand it is the passenger and/or parent/guardians responsibility to review the terms and conditions of the travel insurance policy purchased. I understand that the travel insurance provider is the sole determiner for coverage and is an independent company which Breakaway does not control or manage and Breakaway is not responsible for any claims, losses, damages, costs, expenses, delays or loss of enjoyment of any nature or kind whatsoever, to me, resulting from the acts, omissions or negligence of the insurance provider. 

DOCUMENTATION

Breakaway requires that every passenger have a valid government issued photo identification for domestic travel, and a valid passport when travelling out of their home country. In certain cases a visa or affidavit may be required. Please verify with the consulate or embassy of the country of travel to ensure that you have all necessary travel documents. Please note that entry to another country may be refused even if the required information and travel documents are complete. Breakaway will neither reimburse nor assume responsibility for any passenger denied boarding or refused passage or entrance to any destination for any reason. It is the sole responsibility of the passenger to ensure proper and valid documentation.

NO AFFILIATION WITH SCHOOL

Tours are not school sanctioned.

AGE OF MAJORITY

Passengers under the age of eighteen [18] participating on a tour must have permission from a parent or guardian. The legal age to consume alcohol at most destinations is eighteen [18]. Breakaway does not condone the use of alcohol. Neither Breakaway nor its suppliers assume responsibility for the enforcement of alcohol consumption by passengers. Abuse of alcohol can result in dismissal from the tour.

PASSENGER CONDUCT

Every passenger and if under the age of eighteen [18] a parent or guardian must sign the Breakaway Code of Conduct, the Breakaway Terms & Conditions, and the Breakaway Waiver & Release Agreement agreeing to the tour rules. The Breakaway Code of Conduct, the Breakaway Terms & Conditions, and the Breakaway Waiver & Release Agreement are available from Breakaway or at Breakaway.com/forms. The instructions of destination staff are for the safety of the tour and must be obeyed at all times. Failure to obey instructions can result in dismissal from the tour. Fighting will not be tolerated, anyone involved in fighting will be dismissed from the tour. Abuse of alcohol, regardless of age, can result in dismissal from the tour. Use of illegal drugs will result in dismissal from the tour. Neither Breakaway nor its employees are responsible for passengers, or their actions, while travelling. Passengers should be aware that there may be different rules of law and/or living standards and conditions outside of their home state and the United States and conduct themselves accordingly. Breakaway shall not be responsible for any damage, loss, injury or inconvenience resulting from different rules of law and/or living standards or any such changes and variations.

FORCE MAJEURE

Breakaway shall not be liable for any claims, losses, damages, costs, expenses, delays or loss of enjoyment, of any nature or kind whatsoever, to you or your travelling companions or group members resulting from a Force Majeure, that is an event beyond our or a supplier’s reasonable control including, but not limited to, acts of nature, strikes, lockouts or other labour disputes or disruptions, wars, blockades, insurrections, riots, earthquakes, epidemics or pandemics, weather conditions, floods or acts or restraints imposed by government authorities.

COMMENTS AND COMPLAINTS

At destination passengers should contact their tour representative and representatives of suppliers immediately for assistance to remedy any problem without delay. If a problem cannot be solved, please forward the specifics of the incident in writing to Breakaway within ten [10] days after returning from the trip. Failing to do so will preclude a passenger from pursuing a claim. A monetary refund will not be offered as compensation for any post destination complaint.  

PRIVACY

By registering the passenger and/or parent/guardian understands and acknowledges that Breakaway may share this personal information with companies providing travel services including, but not limited to tour operators, airlines and hotels, and with other non-travel related companies, unless a written request is provided to Breakaway stating otherwise. Registered passengers and/or parents/guardians also agree to be contacted by Breakaway via email, phone, or mail with information relevant to their trip. Please see our Privacy Policy for additional details. Any photographs or videotape taken of passengers by Breakaway or its affiliates shall remain the property of Breakaway and may be used for promotional or marketing purposes without further permission or compensation.

CLASS ACTION WAIVER

To the extent permissible by local law or regulation, you and/or parent/guardian agree that the resolution of any dispute shall be conducted on an individual, not a class-wide basis and that no such proceeding may be consolidated with any other legal proceedings involving Breakaway or any other person. You further agree that you, and anyone asserting a claim for you, will not be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding against Breakaway. 

LAWS

The Terms & Conditions, Breakaway Code and the Breakaway Waiver & Release Agreement constitute the entire legally binding agreement between 2504029 Delaware Inc., carrying on business as Breakaway Beach [“Breakaway”] and the passenger and/ or the legal parent or guardian and supersede all prior or contemporaneous communications whether electronic, oral or written. The invalidity of any provision contained herein does not affect the validity of any other provision listed. This agreement shall be governed by the laws of the State of Delaware. Legal action against Breakaway Beach shall be heard before a court in the State of Delaware.

By registering the passenger and/or parent/guardian agrees to the code of conduct outlined below,  and acknowledges that they must be signed and given to Breakaway.