Terms And Conditions - State Of Mind Travel

Terms & Conditions

Company is pleased to have the opportunity to act as your booking agent for your travel. “We,” “us,” “our” and “Company” refer to State of Mind Travel. “You” and “your” refer to the customer visiting our website or booking a reservation through use of our services. By booking your travel with us or accessing or using our website in any manner, you agree to be bound by all of the terms and conditions set forth below (this “Agreement”). Please read this Agreement carefully. If you do not accept all of these terms and conditions, please do not use our website or travel services. We reserve the right, in our sole discretion at any time and from time to time, to change or otherwise modify this Agreement without prior notice, and your continued access or use of our services signifies your acceptance of any changes. You represent and warrant to us that (a) you are of sufficient age to use our website and services and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is correct and complete. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account. Any violation of this Agreement may result in the cancellation of your reservation or purchase, your forfeiture of any monies paid for your reservation or purchase, and you being denied access to the applicable travel.

Travel Suppliers

State of Mind Travel offers retail travel services to customers, which are provided by separate and independent vendors of travel services. We do not operate, control, or otherwise provide the services of the independent travel vendors. State of Mind Travel acts only as a sales agent for cruise line, airline, hotel, car-rental company, ground operator, shore excursion, tour operator, attractions, or other Travel Suppliers who provide goods or services for the passenger(s) trip.
State of Mind Travel assumes no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of the Suppliers; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by the Suppliers; or (3) any wrongful or negligent acts or omissions on the part of any other party not under our control. Suppliers reserve the right to deviate from the direct, customary and/or scheduled route or itinerary for any reason, without limitation and without notice. Passenger(s) acknowledge and agree that State of Mind Travel is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control.
Passenger(s) acknowledge and understand that cruise lines, tour operators, and other Suppliers have their own contracts covering cancellation penalties and other terms and conditions, and that you may be bound by those contracts regardless of whether you receive notice of their terms. Pricing and availability may change without notice. Passenger(s) agrees that State of Mind Travel is not responsible for any errors or omissions in any quotes, advertisements, including on our website, resulting in inventory, content, or pricing discrepancies nor is State of Mind Travel responsible for any errors or omissions that may occur as a result of incorrect information from third parties. Suppliers reserve the right not to honor any published prices that it determines were erroneous due to electronic, printing, or clerical error. You acknowledge this right and agree to hold State of Mind Travel harmless for any actions or damages arising from Supplier pricing.
Although prices generally are not subject to increase after you make full payment, a price increase may apply due to changes in transportation costs e.g., fuel, scheduled air fares and any other airline surcharges which are part of the contract between airlines (and their agents) and State of Mind Travel, Government action such as increases in VAT or any other Government imposed increases, currency in relation to adverse exchange rate variations. Passenger(s) acknowledge and consent to any post-purchase price increases in relation to the above paragraph.

Revisions, Refunds, and Cancellations

Revisions – Your contract with your travel supplier may give the travel supplier the right to cancel any booking or any part of it, to substitute any scheduled port of call, to make such alterations in the booking as it deems necessary or desirable, to refuse to accept or to retain as a member of any tour any person at any time, or to pass on to customers any expenditure occasioned by delays or events beyond its control. State of Mind Travel has no control over such matters nor liability for any change or costs incurred that may result. Without limiting any other limits to our liability, we are not responsible for price drops after confirmation, ticketing or payment. Please ensure that you have given your contact email address to us and that you regularly check for messages before you leave. The travel supplier’s cancellation, rebooking and refund policies, subject to any applicable law that is now or may later be in effect, will govern your rights and remedies, including your right to receive a refund. Moreover, should you elect to purchase travel insurance, the terms of the policy will dictate whether, and to what extent, coverage for any financial loss may exist under the circumstances.
Please note that name changes to airline reservations are subject to full cancellation and rebooking. Replacing a traveling passenger with another traveling passenger constitutes a cancellation, subject to cancellation penalties. Changes or additions after departure are subject to local rates at the time of amendment and must be paid directly by the passenger to the service provider. There are no refunds for unused services.
If you want to change any portion of your travel, State of Mind Travel may try to help you obtain such change, but we cannot guarantee that the travel supplier will honor your request. In fact, it is the policy of some cruise lines or other service providers to refuse any air travel change requests regardless of the reason for the change. This is because many service providers block group space on certain flights, use non-refundable tickets, charter flights, or book classes of service that incur penalties if any part of the schedule is changed. This allows the service provider to offer affordable air inclusive packages.
For each change in travel that is approved by the travel supplier, our standard service fee (see below “Fees”) applies along with any other travel supplier charges or penalties will apply. All travel changes are subject to availability and the terms and conditions of the travel purchased.
Refunds: If you purchased Travel Insurance through State of Mind Travel, refunds will be processed to the credit card originally used for payment, up to the total amount paid minus the cost of travel insurance, or through company check if payment cannot be reversed to your credit card(s). If there is a request for a refund after the final payment date, the vendor will apply a cancellation fee as reservations and accommodations are already confirmed.
If you cancel your travel, you may be entitled to a partial refund if the terms and conditions of your travel supplier allow. However, State of Mind Travel’s standard cancellation fee and any other travel supplier charges or penalties will apply. In addition, deposits may be non-refundable based on the travel supplier policies. All allowed refunds, if any, generally require a minimum of 6 to 8 weeks to process and are subject to the policies of the travel suppliers. We are not responsible for a travel supplier’s failure to perform in any way, including to pay a refund. If the reason for your cancellation is covered under the terms of your travel insurance policy (if you purchase such a policy), you may be able to reclaim your cancellation charges through your insurer.

Force Majeure

In relation to State of Mind Travel, any circumstances beyond the reasonable control of State of Mind Travel (including, but without limitation, acts of God, explosion, flood, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences) constitutes “Force Majeure.” State of Mind Travel shall not be liable for any loss or damage incurred by you as a consequence of any of the Suppliers being unable to perform its obligations due to the unusual or unforeseeable circumstances (a “force majeure event”) beyond the control of the party affected by the force majeure event.

Payment and Deposit Information

You are required to pay the required deposit amounts via credit card (credit card authorization form) no later than the deposit due date to confirm your reservation. Payment of a deposit enables State of Mind Travel to hold a reservation but does not guarantee the price. The price can only be guaranteed once full payment is received along with other travel documents, subject to any terms and conditions of the travel supplier. All reservations must be paid in full by credit card by the final payment date to avoid late fees. Upon your provision of your payment information, you are authorizing State of Mind Travel to make payment arrangements with the corresponding travel suppliers. Depending on the supplier, deposits may or may not be refundable and/or transferrable.
You have the right to question or challenge any invoice or other billing rendered by State of Mind Travel. We cannot make commitments on behalf of travel suppliers. You agree that for charges we render that you do not question or challenge in writing to us within 60 days of the billing date, that these charges are irrevocably accepted as presented in the applicable documentation.

Planning Fees

$0 for all clients who have booked with State of Mind Travel previously. Loyal customers mean the world to us!

$0 for bookings that require no research. The client knows exactly what they would like to book but wants our assistance with booking.

$200 planning fee for new trips under seven days. Fees are paid after the initial discussion but before a first proposal is delivered.

$300 planning fee for new trips seven days and over. Fees are paid after the initial discussion but before a first proposal is delivered.
Planning fees are waived for Military, Veterans, Military spouses, and First Responders with ID.
Note: Travel planning fees are nonrefundable.

Travel Insurance

Travel insurance protection is strongly recommended to cover risks such as: third party supplier default/bankruptcy protection, delay, cancellation, interruption, medical emergency transportation/evacuation/repatriation, lost luggage and baggage delay, illness, accidental death and disability, and travel accident/sickness medical expenses. If purchasing travel insurance, please thoroughly read your policy’s confirmation of benefits. This information includes, but is not limited to, details on the extent of coverage and procedures for making a claim. Please note that the travel insurance provider may not be allowed to discuss your claim with State of Mind Travel due to privacy laws (e.g., HIPAA).
Passenger(s) acknowledge and agree that State of Mind Travel has no control over the travel insurance provider or its coverage decisions, and as a result State of Mind Travel is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims. By declining appropriate travel insurance, passenger(s) acknowledges and accepts liability for any cancellation penalties, damages and/or out–of-pocket expenses incurred.

Travel Documents and Legal Names – Booking Accuracy: Passenger(s) is required to immediately review all aspects of their booking to verify (but not limited to): passenger names, mailing address, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking confirmation. Please notify State of Mind Travel immediately if any omissions and/or corrections are required. Passenger(s) voluntarily assumes full and sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. The name, date of birth and gender that appears on your passport or government issued ID must exactly match the same such data that is listed on airline ticket(s) and booking records. State of Mind Travel reminds passengers that many countries will not admit a passenger if their passport expires within six (6) months of the return date of travel. Non-United States citizens may require additional documentation. Children and infants also require all such travel documents.
Required Identification – The Transportation Security Administration (TSA) requires airline passengers to carry a government issued photo ID in order to board a flight. The name, date of birth and gender that appears on the ID must exactly match the same such data that is listed on your airline ticket and in your booking records. Failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint which could cause you to miss your flight. State-issued REAL IDs are now required to pass through airport security checkpoints and to subsequently board a flight within the United States State issued temporary driver’s licenses, hunting, firearms or weapons permits are not acceptable forms of identification. Please contact your state department of motor vehicles if you are unsure whether your ID complies with the REAL ID Act.
Children under 18 – Although TSA does not require children under 18 to provide identification when traveling with a companion within the United States, airline policies regarding ID requirements for minors may differ from TSA rules. Please contact the airline(s) shown on your itinerary to inquire about any airline-specific ID requirements for travelers under 18.
Visa and Immigration – It is your responsibility to fulfill the passport, visa and other immigration requirements applicable to your travel. You should confirm these with the relevant embassies or consulates. If you are unable to travel because of noncompliance with any such requirements, State of Mind Travel is not responsible, but will assist you in determining such requirements when possible.
Health Protocols, Advisories, Vaccines – Health and safety protocols are continually being evaluated and updated as public health standards evolve. The U.S. Centers for Disease Control and Prevention publishes travel advice, warnings and recommendations related to COVID-19, which you should consult at the CDC’s website at cdc.gov/travel/notices before confirming a reservation. Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary. Visit the CDC website for information on country specific vaccinees.
Insecticide Spraying – Some countries require insecticide spraying of aircraft prior to a flight or while you are on the aircraft. Federal law requires that we refer you to the Department of Transportation’s Disinfection Information page at https://www.transportation.gov/airconsumer/spray at the time of booking for further information.
Destination Safety & Risk – By offering travel to any particular destination, State of Mind Travel does not represent that travel to such destination is advisable, safe or without risk, and we are not liable for you, and you release State of Mind Travel from any and all damages or losses that may result, directly or indirectly, from the travel booked to such destination. For information concerning possible dangers at destinations, we recommend you contact the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov.
Hazardous Materials – Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years of imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information contact your airline representative.

Use of State of Mind Services and Website / Photography & Videography

The content and images contained on this website, including downloadable files, are protected by copyright. You agree not to use or authorize the use of this information for any purpose other than personal use, and not to engage in the resale, redistribution, and use of the information on this website for commercial purposes. This website may contain third-party links and pointers which are included solely for your convenience and do not constitute any endorsement by State of Mind Travel and/or our Suppliers. While every effort has been made to ensure the accuracy and completeness of this information, State of Mind Travel is not responsible for the accuracy of the information, or the contents of the websites.
State of Mind Travel reserves the right to use photographs &/or videos taken during any travel activity, without the express written permission of those included within the photograph/video. These may be used in State of Mind publications such as website, newsletter, etc.

Privacy Policy

State of Mind Travel understands the privacy concerns of today’s Internet users. We are committed to protecting your privacy online and offline. Whenever personal information (name, address, credit card numbers, etc.) is required, we will explicitly ask you to supply it. Any personal information provided will be used to tailor our products and services to better suit the interests of our valued customers. State of Mind Travel will not intentionally sell or disclose any personal information about you or your travel plans to any other persons, organizations, or companies known to collect such information expressly for the purposes of delivering unsolicited email or illicit materials. Your personal information may be divulged when required by law or when protecting the legal rights and/or property of State of Mind Travel.
State of Mind Travel may use cookies for functional purposes. The use of cookies is an industry standard, and many major websites use them to provide better service to their customers. Cookies in and of themselves do not personally identify users, although they do identify a user’s computer. State of Mind Travel may use third-party advertising companies, who employ cookies and action tags, to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.

General Terms and Conditions and Modifications of Terms and Conditions

State of Mind Travel acts as an independent contractor and no joint venture, partnership or employment relationship exists between you and our travel suppliers or us as a result of this Agreement or your use of our website or services. You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity, including any rights to enforce, or to obtain a right or remedy, due to circumstances occurring before such termination.
The failure or delay by us at any time to require performance by you of any provision of this Agreement, even if known, does not affect the right of such party to require performance of that provision or to exercise any right, power or remedy hereunder. If any provision of this Agreement, or any other agreement entered into under this Agreement, is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision is inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder of this Agreement is not invalidated thereby and shall be given full force and effect so far as possible.
Modifications to the Terms and Conditions may be made by State of Mind Travel at any time without notice. It is therefore essential that you consult the Terms and Conditions prior to making each and every booking. Only those who have accepted the Terms and Conditions and affirmatively indicated their consent to be bound by the Terms and Conditions may make a booking with State of Mind Travel.

Airline, Vehicle Rental, Lodging, Americans with Disabilities Act (“ADA”), Special Requests – General Terms and Conditions

Airline – Please reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights. Carriers, flight times and types of aircraft may change; please check tickets carefully upon receipt. If flight times change after tickets have been sent, we will contact you as soon as we can to let you know.
Due to enhanced security measures, recommended check in is a minimum of 2 hours prior to scheduled domestic departures and 3 hours for scheduled international departures. Failure to use a leg of a reservation may result in the automatic cancelation of all continuing and return flights, as well as forfeiture of airfares. If you or any member of your party miss your flight or other transport arrangement, it is canceled, or you are subject to a delay of over 3 hours for any reason, please contact State of Mind Travel and the airline or other transport supplier concerned immediately.
Under European Union (EU) law, for flights by EU airlines, or for flights by other airlines departing from a point in the EU, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicized at EU airports and will also be available from airlines. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your trip price from us. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
Vehicle rentals – Drivers must sign a rental car company’s standard rental agreement when picking up their car. To review such agreement, please visit the rental company’s website. State of Mind Travel uses your credit card to guarantee the reservation and provide you with information regarding the estimated amount due to the rental car company upon pick-up of the vehicle. The actual price owed to the rental car company may vary depending on special requests, additional items added such as GPS, deviations from original schedule, late pick up or drop off, different pick up and drop off locations. A valid driver’s license and a valid credit card in the driver’s name must be presented upon vehicle pick up. Specific cars, makes and models are not guaranteed, and listed car makes, and models are for example only.
Lodging – Upon check-in, the holder of the reservation must provide a valid identification and cash deposit, credit or debit card, as determined by the hotel at the hotel’s sole discretion, in his or her name (the amount of available credit required will vary by hotel). Depending on the hotel’s policy, debit cards may not be accepted for this purpose. Such deposit is unrelated to any payment received by State of Mind Travel.
In the event you are delayed on your date of check-in or find that you cannot check-in to your hotel on the date you requested, contact the hotel directly to advise it of your travel changes. Depending on the applicable hotel’s terms and conditions, if you do not check-in to your hotel on the day of your reservation and also do not alert the hotel, the hotel may cancel the remaining portion of your reservation and may not provide you with a refund.
Check your hotel’s cancellation policy before you book. Also check room and rate details in advance of making any reservation, as lower rates may be available, but such rates may carry special conditions and restrictions (as an example: in respect of cancellation and refund for such reservation). Check your hotel’s policy for additional guests (more than 2 adults) as there may be added charges.
Outside of the United States, ADA compliance varies. Check with your provider prior to booking to ensure your trip is suitable to your physical capabilities. In addition, many properties may not have ramps, wide entryways or elevators to accommodate disabled passengers or devices such as wheelchairs, walkers and motorized scooters. Due to physical constraints and space limitations, wheelchairs, walkers and motorized scooters may not be taken aboard motor coaches and river cruises. In some circumstances, we may require you to produce a doctor’s certificate certifying that you are fit to participate in the trip.

Special Requests – While every attempt will be made to honor special requests such as room view, airline seat preference, etc., neither State of Mind Travel or the Travel Supplier(s) will be held responsible if such requests cannot be fulfilled as flight schedule changes occur, unplanned hotel maintenance occurs, etc. For special event offers (such as honeymoons, anniversaries), many resorts honor these offers 30 days before and after the event. To do so, guests must provide documentation (wedding invite, marriage certificate, etc.). Please notify your Travels Advisor about your special event in advance.

Complaints and Credit Card Chargebacks

In the event you do run into a problem during your trip, please inform the relevant supplier immediately, who will endeavor to solve the problem. If your complaint is not resolved locally, please contact us at 703-407-8449 and we will try to resolve your concern to our best ability. Before initiating a chargeback related to any supplier of service, you agree to first attempt to directly resolve any disputed transaction fees with State of Mind Travel. You agree to indemnify, hold harmless and defend State of Mind Travel against airline debit memos for credit card chargebacks arising out of: (a) your complaints regarding an airline service or (b) unauthorized charges by members of your family or former employees of your company. You further agree to refrain from initiating a chargeback dispute for any other reason except fraud. You further agree to pay State of Mind Travel’s reasonable attorney fees and expenses if State of Mind Travel has to file suit against you in order to enforce the indemnification provision of this Agreement or if you initiate a chargeback dispute arising out of a cause other than fraud.

Governing Law, Jurisdiction and Severability

This Agreement will be interpreted according to the laws of the State of South Carolina in the United States. You agree to make good faith attempts to resolve any disputes that may arise from this agreement first through various forms of alternative dispute resolution, including, but not limited to, amicable negotiations, mediation, or arbitration in South Carolina. If the good faith efforts of alternative resolution fail, jurisdiction over any dispute arising out of, in connection with, or relating to this Agreement and/or the transactions and relationships among the parties contemplated by this Agreement shall be filed exclusively in federal or state court in Beaufort County, South Carolina. You agree to personal jurisdiction in the specified forum. In the event any action or proceeding is initiated by you in a court outside of Beaufort County, South Carolina, you agree to pay State of Mind costs and reasonable attorney fees associated with defending such action or proceeding. If any portion of this agreement is determined by a court to be null and void, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties.

Indemnification

You agree to indemnify and hold harmless the Indemnitees, travel protection provider and any of our or their respective travel suppliers, and such suppliers’ respective affiliates, and the respective owners, officers, directors, managers, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs (including reasonable legal and accounting fees) as a result of (a) your breach of this Agreement or any documents referenced herein, (b) your violation of any law or rights of any third party, or (c) your use of our website.
You hereby release State of Mind Travel from all claims arising out of any problem covered in this paragraph, and to submit all other claims against us within 30 days after the return of your trip.

Disclaimer of Liability

State of Mind Travel does not guarantee the accuracy of, and disclaims liability for inaccuracies, including but not limited to the price, information, and description of the products and services described on this website. Changes to supplier departure dates, times or itineraries due to mechanical, weather, world events, or other disruptions beyond our control are at the sole discretion of the supplier and may occur without notice. Any applicable compensation resulting from such occurrences is also at the sole discretion of the supplier.

California and Illinois Residents

Upon cancellation of any services, where the Traveler is not at fault and has violated of any Terms and Conditions previously disclosed and agreed to by the Traveler, all sums paid to State of Mind Travel for services not provided will be promptly paid to the Traveler. In California and Illinois, this provision does not apply where State of Mind Travel has remitted the payment to another Supplier, without obtaining a refund, and where the Supplier defaults in providing the agreed-upon transportation or service. In this situation, State of Mind Travel must provide the Traveler with a written statement accompanied by bank records establishing the disbursement of the payment to Supplier.

(703) 407-8449