These terms and conditions (“Terms and Conditions”) govern the relationship between Hiatt
Magical Vacations, LLC d/b/a Hiatt Magical Vacations (“HMV” and/or “we/us/our”) and you, the
purchaser or traveler (“Client” and “passenger” and “you/your”). By planning travel with HMV,
you agree to be bound by these terms and acknowledge that HMV acts solely as a booking
agent for disclosed principal supplier tour operators, cruise lines, hotels, airlines, air charters,
bus companies, ground transportation, boat purveyors or owners, 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 HMV.
1. USE OF HMV 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 HMV. 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. You 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 HMV and its Suppliers, and you acknowledge that, without limitation, any
speculative, false, or fraudulent reservation is prohibited.
HMV 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 travelrelated
goods and services that you select, and you understand and agree that by booking
travel through HMV, you are also agreeing to the booking terms of each Supplier partner you
have selected for your itinerary. You agree that you will abide by the terms and conditions of
purchase imposed by any Supplier that you have selected as a service provider on an itinerary
you have approved.
HMV is not liable or responsible for any arrangements made independently of HMV. HMV
assumes no responsibility for costs or fees you incur for independent arrangements not booked
through HMV, inclusive of, but not limited to, airline, hotel, excursion, and travel protection
related charges. If you make your own flight arrangements, HMV is not responsible for any loss
resulting from cancellation or changes in international gateways, itineraries, or travel dates,
and cannot assist you with any schedule changes or delays related to air reservations you have
made on your own arrangement. It may not be possible to earn frequent flyer or other loyalty
points for reservations on your itinerary. With limited exceptions, hotel and airline rewards or
points cannot be redeemed for travel arrangements made by HMV.
HMV is registered as California Seller of Travel 2153180-50, Florida ST41778, Washington
604561768. Registration as a seller of travel does not indicate approval by the State of
2. RIGHT TO CORRECT ERRORS AND 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 Supplier
promotions are subject to availability and may change without notice. You are advised to
confirm reservations well in advance of your anticipated dates of travel to avoid
disappointment, increases in fares and additional late booking fees.
3. PAYMENTS, CANCELLATIONS, AND CHANGES TO BOOKINGS
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising
out of your travel bookings through HMV. By submitting a credit card authorization form to
HMV, you agree to allow HMV to use your payment method to purchase travel products from
our Suppliers on your behalf. EXCEPTING IN CASES 0F FRAUD, YOU AGREE NOT T0 FILE ANY
DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING
TERMS AND CONDITIONS OF HMV OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES
OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF HMV OR ITS
SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY
AUTHORIZED TRIP PAYMENT, HMV RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS,
FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION,
INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
All payments for travel are due prior to departure according to each Supplier’s terms and
conditions of booking. 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 flights, 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 HMV in
writing. As a result of cancellation or changes to confirmed bookings, third-party Supplier’s
cancellation penalties will apply. Cancellation fees will be charged to the credit card or other
payment method you authorized to pay for travel services or deducted from the Supplier’s
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,
and you will be responsible for any increases in cost imposed by the Supplier, as well as any
HMV or Supplier change fees. All requests for changes to a booking must be made in writing to
HMV. When tour, cruise or package prices are based on Suppliers’ contract rates, you will not
be entitled to any refund for any unused portion of travel. If you cancel a Disney reservation
with our agency, any supplemental services, including dining reservations will automatically
cancel as well.
4. TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION
It is the responsibility of each Client to obtain and carry a valid passport book, visa(s), and all
other documents required by applicable government regulations. Passport cards are not
accepted for most international travel. 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/ and examples include DHS-designated
enhanced driver’s license, US passport, or a foreign government passport.
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 to make HMV aware when traveling on a passport
from a country other than the United States of America. HMV neither controls nor warrants the
issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued,
HMV is not responsible for lost payments made toward your trip. Please note that rules of each
country regarding entry and exit may change at any time.
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. The U.S. Customs and Border Protection Agency requires that for
groups of children under age 19 arriving to the United States by land or sea from contiguous
territory and traveling with a school group, religious group, social or cultural organization, or
sports team, may also present an original or copy of his or her birth certificate, a Consular
Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must
be provided to the supervising adult or group leader in writing.
The name, date of birth and gender that appears on the identification card must exactly match
the same such data that is listed on your tickets and booking records. You acknowledge that it is
your responsibility to ensure that the information on your tickets and confirmations is accurate.
Any discrepancy between your reservation and your travel documentation may result in denied
boarding or an undue delay at an airport security checkpoint causing you to miss your flight,
and any subsequent scheduled travel bookings on cruises and tours.
WHEN YOU RECEIVE YOUR TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO REVIEW AND
VERIFY ALL INFORMATION FOR ACCURACY. CONTACT HMV IMMEDIATELY IF CHANGES OR
CORRECTIONS ARE REQUIRED. IF YOU HAVE NOT NOTIFIED US OF NECESSARY CORRECTIONS TO
YOUR RESERVATION WITHIN TWENTY-FOUR (24) HOURS OF RECEIVING YOUR TRAVEL
DOCUMENTS, HMV BEARS NO RESPONSIBILITY FOR ANY ADDITIONAL COSTS ASSOCIATED WITH
MAKING NECESSARY CORRECTIONS.
5. 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. For example, if traveling to or through Canada, individuals with a Driving While
Intoxicated (DWI) record or with judgements for unpaid child support should review current
entry requirements. See: https://www.canada.ca.
6. IMMUNIZATIONS AND HEALTH SCREENINGS
You must have the proper immunizations and health screenings and required documentation of
such immunizations and screenings before travel. HMV shall not assume responsibility for the
accuracy of health, vaccination, or documentation requirements prior to departure or upon
landing at the final destination. In some cases, required inoculations must be recorded by
Client’s health practitioner on a valid vaccination certificate, which the Client must carry for
proof of inoculation. If you are concerned about taking any medications or receiving certain
inoculations, check with your health practitioner BEFORE booking. Check the State Department
Web site http://travel.state.gov, for relevant information relating to travel to specific
destinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to
health issues related to travel.
7. RISKS AND SAFETY
Travel to certain destinations may involve greater risk than others. HMV 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, HMV 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 HMV has investigated the prevailing
situation, HMV shall have the sole and absolute discretion whether to proceed with any HMV
escorted trip or private departure, or to make alterations to the itinerary.
8. HAZARDOUS MATERIALS
Federal law prohibits passengers from bringing hazardous materials on the aircraft.
(1) Federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s
luggage or on the passenger’s person. A violation can result in five years’ 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 radio- active
materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and
(2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and
toilet articles carried in the passenger’s luggage and certain smoking materials carried on the
passenger’s person. For further information, each passenger should contact the relevant airline
representative(s) on their itinerary. Restrictions on hazardous materials are listed
9. INSECTICIDE NOTICE
We recommend that you refer to the DOT list of airports in countries that require airlines to
treat the passenger cabin with insecticides prior to the flight or while on the aircraft. This list is
on the DOT’s website and is updated from time to time: http://www.dot.gov/officepolicy/
10. AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN
Your airline ticket is a contract between you and the air carrier, even if you purchase through
HMV. If you purchase air travel through HMV, you acknowledge and agree that HMV does not
have the right to control the operations of independent airlines, and agree that HMV is not
liable for any personal injury, property damage related to your purchase of air tickets or air
travel, including, but not limited to any act, error, omission, injury, loss, accident, or delay
caused by any act, error or omission of the airline, including their failure to deliver services,
partial or inadequate delivery of services, airline policies including refund or rebooking policies,
fees for checked or carry-on luggage, fuel increases, bankruptcy or cessation of operations.
HMV shall not assume any responsibility for any air schedule changes. In rare instances, upon
departure from a country, certain departure taxes must be paid in cash only, and may vary in
price. Failure to use a reservation may result in automatic cancellation of all continuing and
return flights, as well as forfeiture of airfares.
Airline e-tickets expire a year from issue date unless carrier fare rules in passenger’s itinerary
fare provide otherwise.
Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours
prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time
for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure
time for domestic flights, and 72 hours prior for international flights.
Frequent Flyer mileage accrual is at the discretion of the airline(s). HMV has no liability if
accural of miles or points is denied or if upgrades are not allowed. Many airlines do not permit
upgrades on airfare purchased in certain fare classes or when using frequent flyer miles, loyalty
status or certificates.
Seat assignments are not guaranteed even after they are assigned, and HMV has no control
over airline seat assignments. Most airlines charge a fee to pre book a seat.
11. LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
HMV 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 with its own management
and is not subject to the control of HMV. 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.
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 HMV bears no responsibility for any changes.
BECAUSE HMV 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 HMV IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY
DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. HMV 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 HMV, 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 T0 DELIVER 0R THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR
CANCELLATlON AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY, OR CESSATION OF
OPERATIONS AND OTHER MATTERS OUTSIDE OF HMV’S CONTROL, AND YOU HEREBY
EXONERATE HMV FROM ANY LIABILITY WITH RESPECT TO THE SAME.
HMV HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT
AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM HMV WILL BE LIMITED TO THE
AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY HMV.
12. FORCE MAJEURE
HMV 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 HMV. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL
In addition, each of HMV’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 nonperformance
of any obligations hereunder shall remain in the sole and absolute discretion of
the Supplier pursuant to their policies, although HMV shall use its reasonable efforts to secure
reimbursement for you where possible.
13. CLIENT CONDUCT
When you book with HMV, 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 HMV 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 HMV 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.
Any transportation, possession or use of illegal drugs will result in immediate termination of
your trip and may result in prosecution by law enforcement authorities. You are responsible for
knowing and observing the licensing laws for drug possession (including prescription and over
the counter drugs) for all countries and states you are visiting. Laws may require you to carry a
prescription from your doctor.
14. TRAVEL INSURANCE
HMV OFFERS ACCESS TO TRAVEL INSURANCE TO PROTECT PASSENGERS AND THEIR
INVESTMENT IN TRAVEL. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED
IN THE COST OF CLIENT’S ITINERARY TO PROTECT AGAINST 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,
you understand and agree that if you cancel or interrupt your travel for any reason, portions of
the trip/tour may not be refunded and HMV’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 not required in order to purchase any other product
or service offered by HMV, however if you decline to purchase insurance, HMV may require
that you execute an insurance waiver. HMV is not a licensed insurance broker, and its advisors
are not qualified or authorized to answer technical questions about benefits, exclusions, and
conditions of any of the insurance offered, nor evaluate the adequacy of the prospective
insured’s existing insurance coverage. 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 that are excluded by your
policy. HMV 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.
15. RESERVATION OF RIGHTS AND 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.
The laws of the State of Indiana govern these Terms and Conditions. You hereby consent to the
exclusive jurisdiction and venue of courts in Hamilton County, Indiana in all disputes arising out
of or relating to travel bookings with HMV. Any claim against HMV must be brought within 12
months after the date of the completion of the trip and not later. HMV shall not in any case be
liable for damages other than compensatory damages, and you waive any right to claim
punitive or exemplary damages. You agree that you may only bring claims in your 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. You expressly agree
to waive and forego any and all rights to bring any such class actions, purported or proposed
class actions, or representative actions.
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 HMV with respect to travel bookings made with
HMV by any means, and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between Client and HMV with respect to
communications with HMV. 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