These terms and conditions (“Terms and Conditions”) govern the relationship between ELITE Iceland LLC d/b/a Harlan Vaughn (“ELITE Iceland” and/or “us/our”) and you, the purchaser and/or traveler (“Client” and “passenger” and “you/your”). By planning travel with ELITE Iceland, you agree to be bound by these terms and acknowledge that ELITE Iceland acts as a booking agent for disclosed principal supplier tour and excursion operators, cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, spa services, concierge services and other independent contractors providing accommodations, transportation, and other services (“Supplier(s)”) and is not the source or provider of the travel services. These terms include warranties and disclaimers and exclusions of liability and may restrict your rights and remedies and provide protection to ELITE Iceland.
USE OF ELITE ICELAND SERVICES, ACCESS AND INFORMATION FOR TRAVEL BOOKINGS
You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to make travel bookings with ELITE Iceland. You agree to be financially responsible for all of your travel bookings made on behalf of yourself and any member of your traveling party and warrant that all information supplied by you on behalf of yourself, members of your household, or others for whom you are authorized to transact business with us is true and accurate. You agree that you will only make legitimate reservations or purchases with ELITE Iceland and its Suppliers, and acknowledge that, without limitation, any speculative, false, or fraudulent reservation is prohibited.
All bookings are accepted by ELITE Iceland as agent for the travel Suppliers on your itinerary. Separate Supplier terms and conditions may apply to your reservations and purchase of travel-related goods and services on your itinerary, and you understand and agree to abide by the terms and conditions of purchase imposed by ELITE Iceland and any Supplier that acts as a service provider on an itinerary you have approved.
PRICING AND PAYMENTS
Prices quoted are based on the number of travelers and room configuration as described in the quoted itinerary. ELITE Iceland does not include International air arrangements in any itinerary, and prices do not include airfares, except where noted on specific itineraries. Prices are subject to change without notice.
Pricing for our trips and services are subject to change at any time prior to receipt of full deposit.
Unless specifically noted in your trip itinerary, the following is not included in your reservation:
- Airfare to and from the start of your trip
- Intra-trip air, unless specified in the itinerary
- Airline baggage fees, including checked and/or excess baggage fees
- Federal inspection fees for U.S. Immigrations & Customs, International Air Transportation tax, or agricultural tax
- Other per-person taxes imposed by government entities
- Airport taxes and fees
- Port taxes
- Gratuities to your Tour Director, Cruise Director, driver, and local guides
- Laundry, telephone, minibar, or food/beverage charges at your hotel unless specified in your itinerary
- Alcohol, beverages, and food outside at any restaurant
- Airport transfers (unless on your itinerary)
- Optional independent excursions
- Third-party travel insurance
ELITE Iceland requires a non-refundable, non-transferable, per itinerary deposit of 30% of the itinerary cost as estimated by ELITE Iceland to commence planning.
Full payment is required no later than 90 days prior to travel (“Final Payment Date”).
If you do not pay the full invoice by the Final Payment Date, your reservation and all services on the reservation will be cancelled, and your deposit will be forfeited.
Travel Insurance is not provided by ELITE Iceland, and third-party travel insurance payments are always non-refundable.
CANCELLATION AND REFUNDS
All payments for travel are due prior to departure according to ELITE Iceland’s payment schedule as outlined on your itinerary. You understand that failure to make final payment or any violation of a Supplier’s conditions of purchase may result in cancellation of your reservations, in your being denied access to any tours, hotels, cruises, or other travel services, or in your forfeiting any monies paid for your reservations. In some cases, there is NO REFUND once a booking is made and under deposit. You may not be entitled to a refund if you change or cancel your travel plans after confirmation of a booking. All cancellation requests must be sent to ELITE Iceland in writing. As a result of cancellation, ELITE Iceland’s and third-party supplier’s cancellation penalties will apply. Cancellation fees will be deducted from any refund.
Cancellation fees are calculated based on the days prior to the first date of services booked on your itinerary. Cancellation fees include all services on the reservation, except for third-party Travel Insurance, which is not supplied by ELITE Iceland, and which is always non-refundable.
ELITE Iceland’s Cancellation Fees are as follows:
| Days Prior to Travel | % Cancellation Fee |
| Up until 90 Days | Non-refundable deposit |
| 90-31 | 50% |
| 30-8 | 70% |
| 7-First Day of Services | 100% |
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through ELITE Iceland. By submitting a credit card authorization form to ELITE Iceland, you agree to allow ELITE Iceland to use your payment method to purchase travel products from our Suppliers on your behalf. EXCEPTING IN CASES OF FRAUD, YOU AGREE NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF ELITE ICELAND OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF ELITE ICELAND OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, ELITE ICELAND RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
When you receive any and all travel documents, it is your responsibility to review and verify all information for accuracy. Contact ELITE Iceland immediately if changes or corrections are required.
TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS
It is the responsibility of each Client to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry acceptable identification in order to board a flight. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are REAL-ID Compliant DHS-designated enhanced driver’s license, US or foreign government passport. The name, date of birth and gender that appears on the identification must exactly match the same such data that is listed on booking records. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Client to miss flight(s), and subsequent scheduled travel bookings on tours and other services booked by ELITE Iceland, and that ELITE Iceland bears no responsibility for failure to comply with identification requirements on any leg of Client’s trip, whether or not it has been booked by ELITE Iceland.
ELITE Iceland strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the anticipated date of return. Non-United States citizens may require additional documentation. Client is responsible to make ELITE Iceland aware when traveling on a passport from a country other than the United States of America. ELITE Iceland neither controls nor warrants the issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued, ELITE Iceland is not responsible for lost payments made toward the contemplated trip. Please note that rules of each country regarding entry and exit change on a daily basis.
Children and infants 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/s/article/Article-3643 for additional information.
INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or prior criminal offense, contact that country directly for entry and exit requirements. You can visit the US State Department Website for further information about these requirements. See, https://travel.state.gov/content/travel.html. We do not inquire about an individual’s criminal record in the interest of respecting our Clients’ privacy.
RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY
We reserve the right to correct errors. In the event of any pricing error or omission, we reserve the right to adjust such pricing or make any other corrections. All offers, incentives and promotions are subject to availability and may change without notice. Prospective Clients are advised to reserve early to avoid disappointment, increases in fares and additional late booking fees.
UNUSED ARRANGEMENTS, MINIMUM PASSENGER REQUIREMENTS AND ALTERATIONS TO BOOKINGS
As our package prices are based on Suppliers’ contract rates, you will not be entitled to any refund for any unused portion of travel.
If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you. Certain bookings may not be able to be changed. All requests for changes to a booking must be made in writing to ELITE Iceland.
The Supplier may determine that alterations in itinerary are necessary for any number of reasons, including but not limited to severe weather. Any alterations to an itinerary are at the sole discretion of the Supplier, and ELITE Iceland bears no responsibility for any changes.
LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
ELITE Iceland acts as a booking agent for disclosed principal Suppliers. Each Supplier is an independent entity with its own management and is not subject to the control of ELITE Iceland. The Suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and you consent to the use of those Suppliers.
BECAUSE ELITE ICELAND ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE THAT ELITE ICELAND IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. ELITE ICELAND HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH ELITE ICELAND, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR CANCELLATION AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY OR CESSATION OF OPERATIONS AND OTHER MATTERS OUTSIDE OF ELITE ICELAND’S CONTROL, AND YOU HEREBY EXONERATE ELITE ICELAND FROM ANY LIABILITY WITH RESPECT TO THE SAME.
RISKS/SAFETY
BY BOOKING TRAVEL WITH ELITE ICELAND, YOU ARE AGREEING TO TERMS THAT WILL WAIVE CERTAIN LEGAL RIGHTS. Certain activities that are included as part of itineraries that we book pose inherent risks and may be dangerous. Your itinerary may also involve travel to remote areas without access to medical facilities or treatment; changing weather conditions; interactions or encounters with wildlife. By booking a trip with ELITE Iceland, you acknowledge that you are aware that the physical exertion required to participate in certain activities can activate or aggravate pre-existing injuries, conditions, or congenital defects. You acknowledge that you should seek medical advice if you know or suspect that your physical condition may be incompatible with the activities on your itinerary. You may be required to wear approved safety equipment while participating in certain activities, and by booking travel with us and participating in these activities, you agree to use the recommended safety equipment and to ask questions if you are unsure about how to properly or safely use equipment.
If you use, consume, or are under the influence of alcohol or illegal drugs prior to or while engaging in any activities on your itinerary, YOU ASSUME AND ACCEPT ALL RISKS, DANGERS, AND HAZARDS THAT MAY RESULT FROM THIS INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS, even in the event of negligence or fault by ELITE Iceland or third parties, and you indemnify ELITE Iceland from any and all liability for any damage to property or personal injury to any third party, resulting from your participation in the Activities, while, during, or after consumption of illegal drugs or alcohol.
Travel to certain destinations may involve greater risk than others. ELITE Iceland urges Clients to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on health and safety conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, ELITE ICELAND DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CLIENT’S OWN RISK.
In the event of emergent health or safety concerns, once ELITE Iceland has investigated the prevailing situation, ELITE Iceland shall have the sole and absolute discretion whether to proceed with any ELITE Iceland escorted trip or private departure, or to make alterations to the itinerary.
FORCE MAJEURE
ELITE Iceland will not be in breach of these terms and conditions or otherwise be liable to you, for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, including web host and internet service provider, breakdown or malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes including, but not limited to extreme weather events, floods and volcanic eruptions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, and any other unforeseen circumstance which is beyond the control of ELITE Iceland. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
In addition, each of ELITE Iceland’s suppliers have terms and conditions which include Force Majeure provisions. In the event that a Force Majeure event occurs, those Suppliers may be entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any itinerary or arrangement in relation to the trip. Payment of any refund to you as a result of the non-performance of any obligations hereunder shall remain in the sole and absolute discretion of the Supplier, pursuant to their policies, although ELITE Iceland shall use its reasonable efforts to secure reimbursement for you where possible.
CLIENT CONDUCT
When you book with ELITE Iceland, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other Supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a trip, or any portion of a trip. You agree not to hold ELITE Iceland or any of its related entities liable for any actions taken under these terms and conditions. Baggage and personal effects are at all times the sole responsibility of the participant.
Each participant in any trip ELITE Iceland is expected to act responsibly and adhere to all behavior guidelines established by ELITE Iceland and our Suppliers. ELITE Iceland and all local Suppliers reserve the right to remove you from any facility, hotel or resort property, tour location or means of transportation if your health or your conduct appears to endanger yourself or others, disrupts the general well-being of other clients on any element of your trip, or interferes with the operation or security of the places we visit. In any such case, there will be no refund.
TRAVEL INSURANCE
ELITE ICELAND IS NOT A LICENSED INSURANCE BROKER AND TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CLIENT’S ITINERARY TO PROTECT AGAINST CANCELLATION, THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, Client understands and agrees that if Client cancels or interrupts Client’s travel for any reason, portions of the trip/tour may not be refunded and ELITE Iceland’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.
RESERVATION OF RIGHTS: CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms will be provided to Clients, will be posted on our website and are effective immediately on posting.
GENERAL
The laws of the State of New York govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in Greene County, New York in all disputes arising out of or relating to travel bookings with ELITE Iceland.
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.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Client and ELITE Iceland with respect to travel bookings made with ELITE Iceland by any means, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Client and ELITE Iceland with respect to communications with ELITE Iceland. 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.