Move to Traveling
Client Services Agreement
Terms & Conditions

These Terms and Conditions govern travel planning services provided by Amalia Maloney, an independent travel advisor of Fora Travel operating under the name Move to Traveling (the “Advisor,” “we,” or “us”).

This Agreement is entered into between Amalia Maloney, operating as Move to Traveling (the travel services provider), and the client (the “Client” or “Traveler”) on the date that a trip planning service fee invoice is paid by the Traveler.

The Traveler wishes to hire the Advisor to provide services relating to the invoice provided to the Traveler for trip planning services. The Advisor agrees to provide such services according to the terms of this Agreement.

By engaging with the Advisor’s services, Client represents and warrants that:

• Client is at least 18 years of age and is authorized to enter into this Agreement and make travel bookings with the Advisor;
• The information provided (whether for Client or on behalf of others) is true and accurate, and Client will continue to provide updated information throughout their engagement with the Advisor; and
• Client will abide by the terms and conditions of this Agreement and any terms and conditions of travel suppliers or partners applicable to Client’s booking.

Any additional services or products requested by the Traveler and incurred by the Advisor will be billed directly to the Traveler at cost. Services already contracted cannot be deducted; however, additional services may be added upon request.

Host Agency Affiliation

The Advisor is an independent travel advisor operating under the name Move to Traveling and is affiliated with Fora Travel, Inc. (“Fora”), a host travel agency. The Advisor acts as an independent contractor and not as an employee, agent, partner, or legal representative of Fora Travel.

Client understands and agrees that: (i) the Advisor is not an agent, representative, or employee of Fora; (ii) Fora is a technology provider and host agency, not a travel service provider; (iii) Client will have no claim against Fora for losses or damages resulting or arising from the provision of services by the Advisor; and (iv) Fora is not a party to this Agreement for any purpose. Fora Travel is not responsible for the services provided by the Advisor under this Agreement. Client expressly waives any claims, demands, or causes of action against Fora arising from or relating to any travel arrangements, advisor services, cancellations, disputes, or any other matters related to this Agreement.

Delivery of Services

The Advisor will provide the majority of services prior to the Traveler’s departure for their trip, unless otherwise specified in this Agreement. Services such as trip support and post-trip follow-up will be provided during the trip and up to two weeks after the Traveler’s return home.

When the provided services are tied to the number of guests the Traveler expects to attend on the trip, the Traveler agrees to notify the Advisor with an accurate traveler/guest count.

The Advisor will provide the Client with travel planning services, which may include researching and booking travel arrangements such as accommodations, transportation, activities, and tours based on Client’s preferences and budget, as well as any other services agreed to by the parties in writing.

Cost of Services

The total cost (“Total Cost”) for all services is noted in the Traveler’s invoice and is due in full by the date indicated there. The full amount of the invoice must be paid prior to any services being performed by the Advisor, unless otherwise indicated in the Traveler’s invoice. This fee is separate from the cost of the Traveler’s trip.

Any planning fees charged are 100% non-refundable and due before the Advisor begins work on an itinerary.

Cost of Trip

All costs pertaining to the trip (e.g., lodging, activities, reservations, and insurance) will be paid by the Traveler, either directly or indirectly via a separate payment authorization agreement.

Rates

All quoted prices are in USD unless otherwise indicated and are subject to change without notice. Many suppliers employ dynamic pricing and prices are based on several factors, including demand and availability. Prices cannot be guaranteed until the applicable service is booked and the deposit, if applicable, is received.

Currency Fluctuations

Client is aware that there may be currency fluctuations that may affect the final amount due for the Client’s reservations.

Confirmed Bookings

All bookings are subject to availability and confirmation by the Advisor. Final payments for bookings are due prior to departure or consumption according to each supplier’s (e.g., airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) terms and conditions. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits may be forfeited. In some cases, there is no refund once a booking is made and paid for.

The Advisor will review all contracts, and it is the responsibility of the Traveler to review them as well, align payment feasibility, and communicate all cancellation or rescheduling considerations.

Personal Information

Client authorizes the Advisor’s use of Client’s personal information for bookings, airfare/airline tickets, tours, cruises, restaurant reservations, and any other services requested by the Client.

Payment

Client will pay for all travel services promptly when due by paying the supplier directly or, if directed by the Advisor, by paying Fora who will process the payment on behalf of a supplier.

Credit Card Authorization; Disputes and Chargebacks

Client may choose to keep a credit card on file with the Advisor, which the Advisor may charge for any travel services and associated amounts that are expressly authorized by Client. Client certifies that they are an authorized user of any credit card provided to the Advisor.

CLIENT AGREES NOT TO FILE ANY DISPUTE WITH THEIR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF THE ADVISOR OR TRAVEL SUPPLIERS OR PARTNERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY FOR REASONS BEYOND THE ADVISOR’S CONTROL, UNLESS THE PRODUCT OR SERVICES PURCHASED WERE NEVER PROVIDED OR GROSSLY MISREPRESENTED.

Client agrees to notify the Advisor immediately if any products or services purchased are not as expected and to give the Advisor a reasonable opportunity to assist in finding an acceptable resolution with the supplier responsible for providing the product or services.

Fees from Independent Travel Arrangements

The Advisor is not responsible for costs and fees incurred for travel arrangements made independently of the Advisor.

Modifications and Cancellations

1. Supplier Cancellation Policies
Client understands and agrees to all terms and conditions of suppliers from which bookings have been made and acknowledges that Client is subject to the deposit, cancellation, modification, and refund policies of each individual supplier. Any nonrefundable supplier charges, cancellation penalties, fees, or expenses resulting from a Client-initiated cancellation will be the responsibility of Client.

2. Advisor Cancellation Fees and Compensation
In the event of a Client-initiated cancellation of a confirmed booking or itinerary, Client agrees to pay any fees or expenses incurred by the Advisor in connection with the cancellation, including fees for services already rendered and any advisor compensation that would otherwise have been earned but is forfeited as a result of the cancellation. Such costs and fees will be determined based on the actual costs incurred and revenue or compensation lost by the Advisor as a result of the cancellation.

3. Trip Modifications and Rescheduling
Client agrees to provide the Advisor with a minimum of 48 hours’ notice by email for the Advisor to effect any modification or rescheduling request. The Advisor will not be liable for any penalties, fees, or other charges imposed by suppliers due to untimely requests by Client. Any supplier charges, fees, expenses, or additional advisor fees resulting from a modification or rescheduling request will be the responsibility of Client. The Advisor may charge a separate rescheduling fee when Client requests to move an entire trip to new travel dates.

Travel Insurance

Travel insurance is not included unless expressly stated and purchased by Client. Travel insurance can protect against supplier issues, delays, cancellations, medical emergencies, lost luggage, and more. Proper insurance helps safeguard against financial loss in most situations.

Without appropriate travel insurance, Client understands and agrees that if they cancel their travel or their trip is interrupted for any reason, the Advisor’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 HIGHLY RECOMMENDED ON ALL TRIPS.

Government Identification and Travel Advisories

Denial of Entrance

The Advisor is not responsible for the denied entry into any country for any guest, and all guests are responsible for ensuring they have all proper documents for entry. All names on documents must match the legal name on the guest’s photo I.D., and travel document information must match tickets. Minors unaccompanied by birth parents will need a permission letter for travel outside the U.S., and any travelers with criminal convictions may be denied entry to certain countries, including Canada. Each guest is responsible for determining if issues are present with the immigration/customs process into a foreign country.

BEING DENIED ENTRY FOR ANY REASON MAY RESULT IN A COMPLETE FINANCIAL LOSS ASSOCIATED WITH YOUR TRIP AND DOES NOT ENTITLE YOU TO ANY REFUND.

Passports

A passport is required for international travel, including for children and babies. For some countries (including Mexico, Costa Rica, St. Lucia, and countries within Europe), passports must be valid for at least 6 months after the date of travel. Additionally, a visa may be required by applicable government regulations.

WHEN YOU RECEIVE YOUR TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO ENSURE THE INFORMATION IS CORRECT.

Traveling with Minors

Children and infants may also require travel documents. Minors traveling with one parent and/or without both parents may be stopped and not admitted unless authenticated and verified consent forms are provided to the authorities; please see https://help.cbp.gov for additional information. Parental or legal guardian consent must be provided to the supervising adult or group leader in writing.

Travel Advisories

Travel to certain destinations or during certain times may involve greater risk than others, especially as it relates to communicable diseases and evolving geopolitical tensions. Changes in travel advisories (i.e., government-issued warnings, recommendations, or notices regarding safety, security, health risks, or other travel-related concerns in certain destinations) shall not supersede the cancellation and refund policies of travel suppliers or partners.

Client acknowledges that unless they have applicable travel insurance coverage, changes to travel advisories or personal concerns, including anxiety or discomfort regarding a destination, do not entitle Client to a refund, credit, or other compensation. It is Client’s responsibility to review and understand travel advisories issued by the United States and the destinations to be visited. The Advisor does not represent that travel to any location, even locations for which it provides services, is advisable or without risk. CLIENT’S PARTICIPATION IN ANY TRAVEL CONSTITUTES ACCEPTANCE OF SUCH RISK.

Suppliers; Client’s Responsibility

The Advisor’s role is to make travel reservations for the Client upon request and to act as liaison between Client and travel suppliers, ensuring the itinerary runs smoothly.

Client acknowledges that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and that travel documents may be issued by third-party booking channels selected by the Advisor. Client consents to the use of the suppliers disclosed to Client and is responsible for due diligence of the suppliers chosen by Client or the traveler and the quality of their services. Client agrees that the Advisor will not be responsible if Client is not satisfied with the final choices.

The Advisor makes no guarantee of a supplier’s rates, bookings, quality of services, or special requests. Each supplier is an independent entity with its own management and is not subject to the Advisor’s control. The Advisor bears no responsibility for any changes, delays, alterations, modifications, or cancellations of an itinerary or booking made by a supplier, other third party, or due to force majeure, and does not cover associated costs.

Canceling, Rescheduling, and No-Shows

If the Traveler desires to cancel services, reschedule services, or if it becomes impossible for the Advisor to render services due to the fault of the Traveler or parties related to the Traveler (such as failure of the trip to occur or failure of essential parties to the trip to show up in a timely manner), the Traveler shall provide notice to the Advisor as soon as possible via the Notice provisions detailed in this Agreement.

If the trip is rescheduled by the Traveler, payment received for the cost of services can be used to reschedule the trip with the existing itinerary. However, if the Traveler requests that the Advisor cancel bookings and/or make new bookings, an additional service fee may be charged, which the Advisor will first propose to the Traveler.

If the trip is canceled, the Advisor has no obligation to fill the void created by the Traveler’s cancellation or no-show and will not be obligated to refund any monies the Traveler has previously paid toward the cost of services.

The Traveler is not relieved of any payment obligations for the cost of the trip unless otherwise noted in agreements with travel suppliers. Refunds and allowances will be governed by the respective supplier’s terms and conditions.

Limitation of Liability

Maximum Damages

The Traveler agrees that the maximum amount of damages they are entitled to in any claim relating to this Agreement or services provided under this Agreement shall not exceed the Total Cost of Services provided by the Advisor. Notwithstanding the foregoing, any recovery from the Advisor will be limited to the amount of commission and fees actually received by the Advisor.

THE ADVISOR ACTS SOLELY AS AN AUTHORIZED SELLER FOR DISCLOSED TRAVEL SUPPLIERS AND PARTNERS AND HAS NO CONTROL OVER THEIR OPERATIONS. THEREFORE, THE ADVISOR IS NOT LIABLE FOR PERSONAL INJURY, PROPERTY DAMAGE, OR ANY ISSUES ARISING FROM THESE TRAVEL SUPPLIERS’ AND PARTNERS’ SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, LIABILITY FOR ACTS, ERRORS, OMISSIONS, NEGLIGENCE, WILLFUL MISCONDUCT, SERVICE FAILURES, CANCELLATIONS, REFUND POLICIES, PRICE CHANGES, BANKRUPTCY, OR OPERATIONAL CESSATION. THE ADVISOR DISCLAIMS ALL LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO THE GOODS OR SERVICES PROVIDED BY THESE SUPPLIERS, AND CLIENT AGREES TO RELEASE THE ADVISOR FROM ANY SUCH CLAIMS.

THE ADVISOR SHALL NOT IN ANY CASE BE LIABLE FOR DAMAGES OTHER THAN COMPENSATORY DAMAGES, AND CLIENT WAIVES ANY RIGHT TO CLAIM PUNITIVE OR EXEMPLARY DAMAGES.

Indemnification

The Traveler agrees to indemnify, defend, and hold harmless the Advisor, its affiliates, employees, agents, and independent contractors from any injury, property damage, liability, claim, or other cause of action arising out of or related to services and/or products the Advisor provides to the Traveler.

Impossibility / Force Majeure

Notwithstanding the above, either party may be excused from further performance obligations in the event of a disastrous occurrence outside the control of either party, including but not limited to:

• Natural disasters (fires, explosions, earthquakes, hurricanes, flooding, storms, or other severe events);
• Pandemics, communicable disease outbreaks, or public health emergencies;
• War, invasion, acts of foreign enemies, embargo, terrorism, civil unrest, or other hazardous situations outside the control of either party;
• Government actions, equipment failures, or other unforeseen events.

Failure to Perform Services

In the event the Advisor cannot or will not perform its obligations in any or all parts of this Agreement, the Advisor shall:

• Immediately give notice to the Traveler via the Notice provisions detailed in this Agreement; and
• Issue a refund or credit based on a reasonably accurate percentage of services rendered; and
• Excuse the Traveler from any further performance and/or payment obligations in this Agreement.

Class Action Waiver and Claims

Any claim against the Advisor must be brought within 12 months after the date of the completion of the trip and not later. CLIENT AGREES THAT THEY MAY ONLY BRING CLAIMS IN THEIR INDIVIDUAL CAPACITY AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY CLASS ACTION, PROPOSED OR PURPORTED CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, REGARDLESS OF THE TYPE OF PROCEEDING.

General Provisions

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, USA, without regard to conflict-of-laws principles. Client hereby consents to the exclusive jurisdiction and venue of courts in Denver, Colorado in all disputes arising out of or relating to travel bookings with the Advisor.

Modifications / Amendment

This Agreement may be amended only by the written consent of both parties via proper Notice. The Advisor reserves the right, in its sole discretion, to amend this Agreement at any time, and updated versions of this Agreement are effective immediately upon provision to Client.

Severability

If any portion of this Agreement is deemed illegal or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed in a manner that best achieves the original intent of the parties.

Third Party Beneficiaries

This Agreement is for the sole benefit of the Advisor and Client and their respective successors and assigns. Nothing in this Agreement, express or implied, is intended to or shall confer any rights, benefits, or remedies upon any person or entity other than the parties to this Agreement.

Merger / Entire Agreement

This Agreement constitutes the final, exclusive agreement between the parties relating to the services provided. All earlier agreements and negotiations regarding these services are superseded.

Notice

Parties shall provide effective notice (“Notice”) to each other via either of the following methods at the date and time the notice is sent:

• Email: amalia@movetotraveling.com or info@movetotraveling.com
• Traveler’s email as indicated on the Traveler’s invoice.

Address & Business Information

Amalia Maloney, DBA Move to Traveling
9878 W Belleview Avenue, Ste 2059
Denver, CO 80123-2101
USA

Phone: +1 (720) 240-9831

Acceptance

By executing this Agreement or paying the invoice for services, Client hereby consents to the terms and conditions set forth herein.