The Amy Plan
Terms & Conditions
TERMS
Amy Van Ness, d/b/a THE AMY PLAN ("TAP," "we/us/our"), provides luxury travel design and planning services to clients through expertly curated itineraries and exclusive partnerships. THE AMY PLAN is an independent affiliate of Travellustre, an accredited host travel agency and member of the Virtuoso Network. Bookings made through THE AMY PLAN are processed through Travellustre's accreditation and systems, and, depending on the booking, payment may be processed through Travellustre or directly to the applicable Supplier. This affiliation does not change your rights under these Terms.
These Terms and Conditions ("Terms and Conditions") govern your relationship with THE AMY PLAN. In addition to these Terms and Conditions, our Suppliers (ground operators, hotels, cruise lines, airlines, and other vendors) often have their own terms and conditions, provided upon receipt of any itinerary or engagement with them (collectively with these Terms and Conditions, the "Terms and Conditions"). It is the Client's ("you," "your," "traveler," "Client") responsibility to read and understand all Terms and Conditions. Before making a booking with us or paying any of our service fees, you must ensure that you have read and understood these Terms and Conditions and asked any questions you may have. These Terms and Conditions contain warranty disclaimers, waivers of liability, a waiver of class action, and venue selection and notice clauses.
By paying your planning or other service fees, and at any time after, you agree to the following.
USE OF THE AMY PLAN 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 THE AMY PLAN, and that you are legally authorized to act on behalf of those you represent or your Group and to accept these Terms and Conditions on their behalf. You agree to be financially responsible for all travel bookings you make with us, whether made on behalf of yourself or for other members of your traveling party or Group, including use of your account by others, without limitation, minors living with you. You agree to supervise all usage of THE AMY PLAN's communications and portal by minors under your name or account. You warrant that all information supplied by you or members of your Group transacting business with THE AMY PLAN is true and accurate. Without limitation, any speculative, false, or fraudulent reservation is prohibited.
THE AMY PLAN accepts all bookings solely as the booking agent for the travel Suppliers on your itinerary. Separate Supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select, and you agree to abide by the terms and conditions of purchase imposed by THE AMY PLAN and any Supplier with whom you elect to deal, or with whom THE AMY PLAN deals on your behalf. You authorize THE AMY PLAN to book on third-party travel booking sites to fulfill your travel requests where appropriate, and you ratify THE AMY PLAN's actions on your behalf, including acceptance of such third party's terms and conditions, which may limit your rights, and agree to be bound by those actions. You understand that any violation of these Terms and Conditions (including any Supplier's conditions of purchase) may result in cancellation of your reservation, in your being denied access to any flights, hotels, cruises, or other travel services, in your forfeiting any monies paid, and in THE AMY PLAN charging your payment method for any costs THE AMY PLAN incurs as a result. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through THE AMY PLAN.
THE AMY PLAN is not liable or responsible for any arrangements made independently of THE AMY PLAN, including costs or fees you incur for airline, hotel, excursion, or travel protection arrangements not booked through THE AMY PLAN. It may not be possible to earn frequent flyer or other loyalty points for reservations on your itinerary, and hotel and airline rewards or points generally cannot be redeemed for travel arrangements made by THE AMY PLAN.
GROUP TRAVEL
THE AMY PLAN offers group travel in three forms. THE AMY PLAN will designate which form applies at the time of booking. For Coordinated Group Trips and THE AMY PLAN - Organized Group Trips, additional terms specific to that trip are set out in a separate written Group Agreement between THE AMY PLAN and the relevant Organizer or Supplier.
Private Group Trips: A trip booked on behalf of a known travel party (a "Group"), such as a family, wedding party, or bachelorette group, where the travelers already know one another. One individual (the "Group Leader") is designated as financially responsible for the Group's booking in full, regardless of whether individual Group members also contribute payment directly. If the Group reserves a block of space, for example, ten rooms, the Group Leader is responsible for payment of the full block reserved, regardless of the number of spaces actually occupied at the time of travel. This payment obligation is due in full regardless of whether the Group Leader has collected payment from individual Group members, and survives any reduction in the number of travelers who ultimately participate. The Group Leader is responsible for sharing these Terms and Conditions with all Group members, and each Group member is independently bound by these Terms and Conditions upon participating in the trip.
Because only the Group Leader accepts these Terms and Conditions on a Private Group Trip, the Group Leader represents and warrants that they have the authority to bind all Group members to these Terms and Conditions, including the Assumption of Risk and Release of Liability below, and agrees to inform all Group members of the trip's nature, activities, and risks before travel. The Group Leader agrees to indemnify and hold THE AMY PLAN harmless from any claim brought by a Group member arising from the Group Leader's failure to do so. This indemnification obligation is in addition to, and does not replace, the Group Leader's financial responsibility for the Group's booking described above.
Coordinated Group Trips: A trip organized by a third party who is not THE AMY PLAN (the "Organizer"), open to travelers who may not know one another and who join because they are interested in the trip being offered, such as a hosted retreat or a large safari initiated by an Organizer. THE AMY PLAN and the Organizer agree in a separate written Group Agreement on terms specific to that trip, including the amount of space held, the minimum number of spaces that must sell for the quoted rate to remain in effect, and the Organizer's financial responsibility if that minimum is not met. Unless that Group Agreement states otherwise, individual travelers are financially responsible for their own space and payment.
THE AMY PLAN - Organized Group Trips: A trip where THE AMY PLAN is the host and organizer, open to travelers who may not be previously known to THE AMY PLAN. THE AMY PLAN negotiates the terms of space held and payment directly with the Supplier and offers individual spaces for sale to travelers. The composition and final size of the roster may change up to and during travel as spaces are sold, transferred, or become unavailable, and individual travelers are financially responsible for their own space and payment.
Some Group trips, of any form, are based on a minimum number of participants. If the number of confirmed travelers falls below that minimum, THE AMY PLAN and/or its Suppliers reserve the right to impose a surcharge or cancel the trip.
Regardless of Group form, or of who is booking or paying, every reservation, whether for a solo traveler, a couple, or multiple travelers sharing one room, must separately accept these Terms and Conditions through THE AMY PLAN's booking portal before that reservation is confirmed for travel, except on a Private Group Trip, where the Group Leader's acceptance on behalf of the Group is sufficient and individual Group members are bound as described above.
SERVICE FEES AND COMPENSATION
THE AMY PLAN's planning and advisory fees, service packages, and any add-on fees are set out in your Engagement Letter with THE AMY PLAN, not in these Terms and Conditions. Those fees are separate from, and in addition to, the cost of your trip.
THE AMY PLAN and/or its host agency, Travellustre, may receive commissions, referral fees, or other compensation from Suppliers booked on your behalf (hotels, tour operators, cruise lines, airlines, and other vendors), in addition to any planning or advisory fee you pay directly to THE AMY PLAN. This is standard practice in the travel advisory industry and does not increase the cost of your trip. You may request the commission structure for any specific Supplier before booking.
PRICING AND WHAT'S NOT INCLUDED
We reserve the right to correct pricing errors or omissions at any time. All offers, incentives, and Supplier promotions are subject to availability and may change without notice. Prices are subject to change based on tariffs, exchange rates, and airfares in effect at the time of quotation, and Suppliers may increase prices to reflect increased costs, fuel surcharges, tariffs, taxes, or currency fluctuations. Prior to full payment, prices may increase for reasons including seating, baggage, fuel surcharges, or government-imposed taxes or fees; you authorize THE AMY PLAN to charge your payment method for such additional amounts. This authorization applies to all travel arranged by THE AMY PLAN for you, and may be revoked at any time with respect to future travel for which you have not yet made payment. You are advised to confirm reservations well in advance of your travel dates to avoid disappointment, fare increases, or late booking fees.
Unless otherwise stated, the following are not included in your trip cost: fees for obtaining passports or visas, excess baggage charges, inoculations, insurance, international airline ticket taxes, airport or other entry and departure fees and taxes, optional tours or excursions, items of a personal nature (phone calls, room service, and similar), and transportation not specifically listed as included.
As THE AMY PLAN's prices are often based on Suppliers' contract rates, there will be no refund for any unused portion of a travel booking, including if you cancel while a trip is already in progress. Some trips are based on a minimum number of participants; if the number of confirmed travelers falls below that minimum, a surcharge may be imposed or the trip cancelled.
When THE AMY PLAN provides a packaged itinerary combining multiple services, such as hotels, tours, and transfers, from a ground operator or destination management company, you will receive a total package price. Our ground operators and Suppliers have contracted and proprietary rates with their own suppliers, and this information is confidential; THE AMY PLAN does not provide a price breakdown of the individual services within a package.
PAYMENTS, CANCELLATIONS, AND CHANGES TO BOOKINGS
By submitting a credit card authorization form, you agree to allow THE AMY PLAN to use your payment method to purchase travel products from Suppliers on your behalf. Depending on the booking, payment may be processed through Travellustre or directly to the applicable Supplier. 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 THE AMY PLAN OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF THE AMY PLAN OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE, OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, THE AMY PLAN RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES, AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL, OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES. Before initiating a chargeback, we ask that you first contact THE AMY PLAN to discuss any questions or concerns; we will work with you to attempt to resolve them. THE AMY PLAN retains the right to dispute any chargeback that is improper and to recover any related costs, including attorney's fees, and to cancel any travel reservation related to an improper chargeback. The following chargeback scenarios are improper, and THE AMY PLAN retains the right to investigate and rebut them: a chargeback on a non-cancellable reservation, whether or not used; a chargeback resulting from charges authorized by a family member, friend, or other third party with direct access to your payment method (excluding actual fraud); a chargeback arising from a disagreement with a Supplier's product description; a chargeback resulting from Force Majeure or other circumstances beyond THE AMY PLAN's or a Supplier's control; and a chargeback resulting from disagreement with any part of these Terms and Conditions, including the cancellation policy.
THE AMY PLAN is only responsible for the management of trip elements it books; any trip elements you book or purchase independently must be managed by you. All trip elements booked by THE AMY PLAN must be changed, amended, or cancelled by THE AMY PLAN. If you cancel or change an element of your trip that was booked by THE AMY PLAN directly with a Supplier, you may forfeit THE AMY PLAN's management of that element and remain subject to the change and cancellation fees described in these Terms and Conditions.
All payments for travel are due prior to departure according to each Supplier's terms and conditions. Failure to make final payment or any violation of a Supplier's conditions of purchase may result in cancellation of your reservation, denied access to flights, hotels, cruises, or other services, and forfeiture of monies paid. In some cases there is NO REFUND once a booking is made and under deposit. All cancellation and change requests must be sent to THE AMY PLAN in writing. Cancellation or change fees will be charged to the payment method you authorized, or deducted from any Supplier refund.
Trip cancellations: Trip cancellations may, in THE AMY PLAN's sole discretion, result in a cancellation fee, as set out in your Engagement Letter with THE AMY PLAN. Planning fees from cancelled trips will not carry over to new, future trips, even if the destination is the same. As a result of a cancellation, third-party Supplier cancellation penalties will also apply, which are detailed in your travel documentation and each Supplier's terms. Cancellation penalties are advised at the time of booking and provided to you upon confirmation. All Supplier fees are in addition to any fees THE AMY PLAN charges. Travel insurance is required, as described below, to help protect against loss from cancellation.
TRAVEL INSURANCE REQUIREMENT
Travel insurance is required for all trips booked through THE AMY PLAN. Proof of purchase must be provided to THE AMY PLAN within fourteen (14) days of your initial trip deposit. THE AMY PLAN reserves the right to decline to proceed with a booking if this requirement is not met within that window. THE AMY PLAN provides the insurance quote as a service to you and is not an insurance agent. THE AMY PLAN is not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any insurance offered, nor to evaluate the adequacy of your existing insurance coverage; any such questions must be directed to the insurance provider. An additional charge applies for any travel insurance selected. It is your responsibility to know what your insurance policy covers, and to put alternative coverage in place if you wish to insure for conditions excluded by your policy. You are responsible for filing your own insurance claims; when necessary, THE AMY PLAN will help provide appropriate documentation for a claim. THE AMY PLAN CANNOT GUARANTEE THAT ANY INSURANCE PROVIDER WILL APPROVE COVERAGE FOR A CLAIM MADE UNDER THE INSURER'S POLICY AND MAKES NO REPRESENTATIONS ABOUT THE EXTENT OF COVERAGE FOR ANY POLICY IT MAY OFFER OR QUOTE.
TRAVEL HEALTH & SAFETY
It is essential that you advise THE AMY PLAN before booking of any disability or pre-existing medical condition that may affect your trip, or any special requirements resulting from a disability or medical condition, so that we can assist in considering the suitability of the arrangements. Travelers with limited mobility must be accompanied by a fully-paid, able companion responsible for providing any necessary assistance; our Suppliers are often unable to provide this assistance themselves. THE AMY PLAN may request a letter from your doctor confirming fitness to travel.
Some trips arranged by THE AMY PLAN involve physically demanding activity, including hiking, trekking, high-altitude travel, safari, and similar adventure travel. Persons with health conditions that could be aggravated by such activity, including but not limited to heart disease, chronic illness, physical disability, advanced pregnancy, or conditions affected by altitude or exertion, should consult a physician before booking and should not participate without medical clearance. The Americans with Disabilities Act (ADA) applies only within the United States, and accommodations for travelers with disabilities are limited or unavailable in many destinations, particularly remote or backcountry locations. Motorized scooters are unsuitable for many trips, and transportation services, including many tour motor coaches, are not equipped with wheelchair ramps. It is your sole responsibility to obtain medical advice on your fitness to undertake any trip booked through THE AMY PLAN. Any vaccines, health screenings, or other health requirements needed to travel must be obtained by you at your own cost, and THE AMY PLAN is not liable for any costs incurred due to lack of vaccination or poor health.
If you are pregnant or expecting at or around the time of your planned travel, please inform THE AMY PLAN before booking. Some Suppliers will not permit travel past certain gestational periods. THE AMY PLAN is not liable for any losses, expenses, or refunds resulting from denied boarding, embarkation, or Supplier access due to pregnancy.
ASSUMPTION OF RISK AND RELEASE OF LIABILITY
You acknowledge that travel arranged through THE AMY PLAN, including but not limited to safaris, hiking and trekking, high-altitude travel, yacht and ship charters, and travel to remote or developing destinations, may involve inherent risks. These risks include, without limitation: injury or death from motor vehicle or watercraft incidents, animals, terrain and roadway hazards, slips and falls, criminal or terrorist acts, government action, consumption of food, water, or alcoholic beverages, exposure to weather and altitude, your own conduct or that of others (including guides, other travelers, and THE AMY PLAN and its employees, agents, or representatives), insects, reptiles, and wildlife, illness or injury in locations with limited or no access to medical care, delayed or unavailable evacuation, known or unknown medical conditions, and infectious disease. This description is not exhaustive, and unknown or unanticipated risks may also result in injury, illness, or death.
By engaging THE AMY PLAN's services, you accept these risks as an inherent part of travel and, to the fullest extent permitted by law, release, hold harmless, and agree not to sue THE AMY PLAN and its employees, agents, and representatives for any claim arising from your trip, including claims arising from the negligence of THE AMY PLAN, its employees, agents, or representatives, or of any third party. This release does not apply to claims arising from THE AMY PLAN's willful misconduct, and does not waive any right that cannot be waived under applicable law. This release binds your heirs, legal representatives, and assigns, and survives the completion, cancellation, or termination of your engagement with THE AMY PLAN.
INDEMNIFICATION
You agree to indemnify and hold THE AMY PLAN harmless from any claim, loss, damage, or expense, including reasonable attorney's fees, arising from your acts or omissions, your violation of these Terms or any Supplier's terms, or your breach of any warranty made in this Agreement.
AIR TRAVEL, SCHEDULE RECONFIRMATION, AND
CHECK-IN
Your airline ticket is a contract between you and the air carrier, even if purchased through THE AMY PLAN. THE AMY PLAN does not have the right to control the operations of independent airlines and is not liable for any personal injury, property damage, or loss arising from any act, error, omission, or delay caused by an airline, including failure to deliver services, refund or rebooking policies, baggage fees, fuel increases, or cessation of operations. THE AMY PLAN shall not assume any responsibility for air schedule changes. Airline e-tickets expire one year from issue date unless carrier fare rules provide otherwise. It is strongly recommended that you check in a minimum of 2 hours prior to domestic departure and 3 hours prior to international departure, and reconfirm flight times 24 hours (domestic) or 72 hours (international) in advance. Frequent flyer mileage accrual and seat assignments are at the discretion of the airline; THE AMY PLAN has no liability if accrual, upgrades, or seat assignments are denied or changed.
BAGGAGE
Baggage and personal effects are at all times the sole responsibility of the traveler. Each airline has different rules regarding carry-on and checked baggage; bags may not be checked through to your final destination in all circumstances, including connecting flights on carriers without an interline agreement. Travelers on light aircraft (for example, safari charter flights) may be subject to soft-luggage requirements and weight restrictions; check with THE AMY PLAN in advance of travel.
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. 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, and you are responsible for informing THE AMY PLAN when traveling on a passport from a country other than the United States. THE AMY PLAN neither controls nor warrants the issuance of visas and is not responsible for lost payments if a visa is not issued. Minors traveling with one parent, or without both parents, may be stopped and not admitted absent authenticated consent forms; see https://help.cbp.gov for details. The name, date of birth, and gender on your identification must exactly match your tickets and booking records; any discrepancy may result in denied boarding or delays. WHEN YOU RECEIVE YOUR TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO REVIEW AND VERIFY ALL INFORMATION. CONTACT THE AMY PLAN IMMEDIATELY IF CORRECTIONS ARE REQUIRED; THE AMY PLAN BEARS NO RESPONSIBILITY FOR ADDITIONAL COSTS IF YOU FAIL TO NOTIFY US OF NECESSARY CORRECTIONS WITHIN TWENTY-FOUR (24) HOURS OF RECEIPT.
To ensure that all traveler information is correct, THE AMY PLAN requires a copy of each traveler's passport upon payment of the applicable service fee and before booking any travel. We use passport information to book airfare, where names must be spelled exactly as they appear on identification, and to secure cruises, hotels, car rentals, and tours. THE AMY PLAN will not book your itinerary until this information is provided, and is not responsible for fees incurred as a result of misspelled names or price changes while waiting for passport information. You voluntarily assume full responsibility for any risks or costs involved in failing to report errors or omissions in your travel documentation.
INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each country holds different views of past criminal offenses. If you have a current or prior criminal offense, contact that country directly for entry and exit requirements; see https://travel.state.gov. THE AMY PLAN does not inquire about a Client's criminal record out of respect for Client privacy. For example, travelers with a Driving While Intoxicated record should review current Canadian entry requirements directly.
IMMUNIZATIONS AND HEALTH SCREENINGS
You must have proper immunizations, health screenings, and required documentation before travel. THE AMY PLAN is not responsible for the accuracy of health, vaccination, or documentation requirements. If you are concerned about medications or inoculations, check with your health practitioner BEFORE booking. See http://travel.state.gov and http://wwwnc.cdc.gov/travel/ for current information.
RISKS AND SAFETY
Travel to certain destinations may involve greater risk than others. THE AMY PLAN urges Clients to stay informed of current news and to review travel advisories issued by the U.S. Government before booking international travel. See 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. Registration with the Smart Traveler Enrollment Program (STEP) is recommended: https://step.state.gov/step/
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, THE AMY PLAN 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 RESULTING FROM TRAVEL TO SUCH DESTINATIONS. YOUR PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH RISK.
In the event of emergent health or safety concerns, THE AMY PLAN has sole discretion, after investigating the situation, whether to proceed with any trip or to alter the itinerary.
HAZARDOUS MATERIALS
Federal law prohibits passengers from carrying hazardous materials aboard aircraft, including explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, and radioactive materials. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Limited exceptions exist for small quantities of medicinal and toilet articles and certain smoking materials. See http://www.tsa.gov/traveler-information/prohibited-items.
INSECTICIDE NOTICE
Some countries require airlines to treat the passenger cabin with insecticide before or during flight. See the DOT's updated list: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
THE AMY PLAN acts solely as a booking agent for disclosed principal Suppliers and is not the source or provider of any travel service. Each Supplier is an independent entity, not subject to THE AMY PLAN's control. You are advised that the Suppliers named in your travel documentation are those actually responsible for providing the travel services purchased, and you consent to the use of those Suppliers. THE AMY PLAN is not responsible if a Supplier is unable or fails to accommodate your dietary restrictions. A Supplier may alter an itinerary for any reason, including severe weather, at its sole discretion, and THE AMY PLAN bears no responsibility for such changes.
BECAUSE THE AMY PLAN ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT CONTROL THEIR OPERATIONS, YOU AGREE THAT THE AMY PLAN IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF THESE SERVICES. THE AMY PLAN DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES IN CONNECTION WITH GOODS OR SERVICES PROVIDED BY ANY SUPPLIER, INCLUDING ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, OR IRREGULARITY CAUSED BY A SUPPLIER'S FAULT, NEGLIGENCE, OR WILLFUL ACTS, AND YOU HEREBY EXONERATE THE AMY PLAN FROM ANY LIABILITY WITH RESPECT TO THE SAME.
THE AMY PLAN HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS, AND YOU AGREE THAT ANY RECOVERY FROM THE AMY PLAN WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY THE AMY PLAN.
FORCE MAJEURE
THE AMY PLAN will not be in breach of these Terms, or otherwise liable to you, for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, accident, riots, war, terrorism, epidemic or pandemic, quarantine, civil commotion, breakdown of communications or equipment, natural catastrophe, government action, changes in law, national strikes, fire, explosion, or any other unforeseen circumstance beyond THE AMY PLAN's control. THE PURCHASE OF TRAVEL INSURANCE IS REQUIRED ON ALL TRIPS BOOKED THROUGH THE AMY PLAN.
THE AMY PLAN's Suppliers have their own force majeure provisions and may, in their sole discretion, vary, postpone, or cancel any itinerary or arrangement. Refunds resulting from non-performance remain in the Supplier's sole discretion, although THE AMY PLAN will use reasonable efforts to secure reimbursement where possible. A travel advisory is not equivalent to a travel ban and does not by itself constitute Force Majeure.
YOUR BEHAVIOR
Each participant in any trip arranged by THE AMY PLAN is expected to act responsibly and adhere to behavior guidelines established by THE AMY PLAN and our Suppliers, including dress codes at religious, cultural, or Supplier sites. THE AMY PLAN and our Suppliers reserve the right to remove you from any facility, property, tour location, or means of transportation if your health or conduct appears to endanger yourself or others, disrupts other travelers, or interferes with the operation or security of the places you visit. In any such case, there will be no refund.
Group and affinity travel: On any Group trip, if a traveler is found to be mentally, physically, or behaviorally unfit to safely participate, or that traveler's condition or conduct is materially impacting the experience of other Group members, THE AMY PLAN and its Suppliers reserve the right, in their sole discretion, to remove that traveler from the trip and send them home at their own expense, with no refund.
When you book with THE AMY PLAN, you accept responsibility for any damage or loss caused by you, payable directly to the accommodation owner, manager, or other Supplier. You must indemnify THE AMY PLAN for the full amount of any claim, including legal costs, made against us as a result. THE AMY PLAN is not responsible for costs incurred concerning a guest removed from a trip. Any transportation, possession, or use of illegal drugs will result in immediate termination of your trip and may result in prosecution.
Your consent to THE AMY PLAN's use of photographs, video, and testimonials from your trip is addressed in your Engagement Letter with THE AMY PLAN, not in these Terms and Conditions.
Respect standard: Respect, toward THE AMY PLAN, its staff, and the destinations, cultures, and people you encounter while traveling, is a condition of service. THE AMY PLAN reserves the right to decline service or terminate a client relationship, at any stage and regardless of amounts paid or committed, in response to abusive conduct, including but not limited to profanity or hostility directed at THE AMY PLAN staff, or discriminatory language or conduct toward local people, cultures, or destinations. Firm requests or disagreement, expressed respectfully, are not grounds for termination under this clause.
COMMUNICATIONS REGARDING YOUR TRIP
Any dispute between you and a Supplier is solely between you and that Supplier, and should be handled directly with them. If you or a Supplier contact THE AMY PLAN regarding such a dispute, THE AMY PLAN may, in its sole discretion, help facilitate a resolution, but is under no obligation to do so.
CURRENCY FLUCTUATIONS
Currency exchange rates fluctuate. Prices are subject to change based on currency exchange rate fluctuations. THE AMY PLAN is not responsible for surcharges or foreign transaction fees imposed by your credit card or bank.
ELECTRONIC COMMUNICATIONS AND SIGNATURES
When you use THE AMY PLAN's services, including our booking portal, you are communicating with us electronically and consent to receive communications from us electronically, by email, portal notice, or other electronic means. You agree that all agreements, notices, disclosures, and other communications we provide electronically, including your acceptance of these Terms and Conditions through THE AMY PLAN's booking portal, satisfy any legal requirement that such communications or signatures be in writing.
PRIVACY
Your information is treated in accordance with The Amy Plan's Privacy Policy, which is incorporated by reference into these Terms and Conditions and available upon request. In brief: The Amy Plan collects your personal, travel, and payment information to design and book your trip, shares it with Travellustre and Suppliers as needed to complete your bookings, and does not sell your personal information. Planning fee payments are processed through Stripe and are not stored by THE AMY PLAN. The full Privacy Policy governs in the event of any conflict with this summary.
RESERVATION OF RIGHTS AND CHANGES TO THESE TERMS
THE AMY PLAN reserves the right, in its sole discretion, to change these Terms and Conditions at any time. Updated versions will be provided to Clients and are effective immediately on posting or delivery.
GENERAL
These Terms and Conditions are governed by the laws of the Commonwealth of Massachusetts. You consent to the exclusive jurisdiction and venue of the courts of Massachusetts for any dispute arising out of or relating to travel bookings with THE AMY PLAN. You agree that no claim will be considered, and you will not bring suit against THE AMY PLAN, unless you first provide written notice of claim to THE AMY PLAN within 30 days of the trip's completion or cancellation, and you agree to file any suit within one (1) year of the incident giving rise to the claim; you acknowledge this expressly limits the applicable statute of limitations to one year. THE AMY PLAN shall not be liable for damages other than compensatory damages, and you waive any right to punitive or exemplary damages. You agree to bring claims only in your individual capacity, and you waive any right to bring or participate in a class action or representative proceeding against THE AMY PLAN.
If any part of these Terms and Conditions is determined invalid or unenforceable, including the warranty disclaimers and liability limitations above, the invalid provision will be deemed superseded by a valid, enforceable provision that most closely matches its original intent, and the remainder of the Agreement will continue in effect. Failure by THE AMY PLAN to enforce any right or provision does not waive that right or provision. In the event of any inconsistency or ambiguity between these Terms and Conditions and any other communication, document, or representation, THE AMY PLAN shall benefit from the most favorable term in each instance.
These Terms and Conditions, together with your Engagement Letter with THE AMY PLAN, constitute the entire agreement between you and THE AMY PLAN with respect to your travel bookings, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written. A printed version of this agreement, and of any notice given electronically, is admissible in judicial or administrative proceedings to the same extent as other business records originally generated and maintained in printed form.

