Legal Terms & Conditions

Introduction

TravelBreaks© is owned and operated by BALBOA TRAVEL MANAGEMENT ("BALBOA TRAVEL"). This Agreement describes the terms and conditions applicable to the services available through this website. This Agreement describes your responsibilities and, among other things, limits the liability of TravelBreaks©, parent, affiliates, subsidiaries or partners, if any. Before submitting a travel purchase request, and/or using any of the services offered on our website, please read all of this Agreement carefully. Your use of this website (the "Site") constitutes your agreement to be legally bound and abide by all terms, conditions and notices contained herein. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE. Additionally, children are prohibited from using this Site.

BALBOA TRAVEL reserves the right, in its sole and absolute discretion, to amend this Agreement at any time by posting the amended terms on this Site. The amended terms shall be effective from and after the date that they are posted on the Site.

BALBOA TRAVEL incorporates herein, by reference, its Privacy Policy.

Part I of these Terms and Conditions applies to all products and services available through the Site. Part II of these Terms and Conditions apply specifically to legal notices and other topics associated with goods and services facilitated by this Site.

Part I: General Terms and Conditions
General Management
BALBOA TRAVEL and its subsidiaries and affiliates require all visitors to this website ("Site", "TravelBreaks©"") to adhere to the following terms and conditions. By accessing this Site you indicate your acknowledgement and acceptance of the terms and conditions herein.

Travel Bookings:
You ("Client") agree to be financially responsible for all of the travel products and services booked with BALBOA TRAVEL, its subsidiaries, divisions, or DBA's ("BALBOA TRAVEL, Balboa, Travelbreaks©"). In addition, you warrant that all information supplied by you or anyone communicating with BALBOA TRAVEL on your behalf in connection with the booking of travel products is true and accurate. BALBOA TRAVEL acts as a sales agent for any airline, hotel, car-rental company, tour operator, cruise line, consolidator, partner travel agency, or other service provider named in your itinerary (Suppliers). Prices in client itinerary were effective on the date provided. At the time you purchase your itinerary may price higher because of an increase in carrier or government charges. For current prices, contact your agent. You will be completely responsible for all charges, fees, duties, taxes. Client understands that the airline ticket, tour, cruise, or custom itinerary they are purchasing is subject to supplemental price increases after the date of purchase due to additional charges imposed by a supplier or government. Clients acknowledges that they may be charged additional sums by BALBOA TRAVEL to offset increased fees, fuel surcharges, taxes, fluctuations in foreign exchange markets or any combination thereof. By using this website client hereby consents to any post-purchase price increases and authorizes BALBOA TRAVEL or a partner agencies to charge clients' credit card for such additional amounts. BALBOA TRAVEL is not responsible for acts or omissions of the Suppliers, their failure to provide services or adhere to their own schedules, their failure to pay any refund, or for any personal injury, property damage, or other loss, accident, death, delay, inconvenience, acts of god, acts of terrorism, or irregularity which may be caused by any party not under BALBOA TRAVEL'S control. By using this site, you hereby agree to release BALBOA TRAVEL its subsidiaries, divisions, or DBA's from all claims arising out of any problem covered in this paragraph. You agree to make only legitimate travel services bookings for yourself or for another person for whom you are legally authorized to act.

Laws and Regulations
Your access to and use of this Site is subject to all applicable international, federal, state, and local laws and regulations, including any other terms of use that may be found on this Site.

Copyrights
All materials and content on this Site are copyrighted and protected under applicable copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property) rights in accordance with any and all applicable international, federal, state, and local laws, as well as the copyright laws of other countries. BALBOA TRAVEL'S materials may not be reproduced, copied (except for a single copy for non-commercial purposes subject to the terms herein), distributed, adapted, displayed, edited, published, sold, licensed, transmitted, or downloaded in any way without BALBOA TRAVEL's express written permission. All rights not expressly granted herein are reserved by BALBOA TRAVEL. You do not acquire ownership rights to any content, document, or other materials viewed through this Site. The posting of information or materials on this Site does not constitute a waiver of any right in such information and materials.

Trademarks
The trademarks appearing on this Site, including those of BALBOA TRAVEL are the property of their respective owners. BALBOA TRAVEL's trademarks may be used only with the express written permission of BALBOA TRAVEL. The design and layout of this Site, and all other websites owned, operated, licensed, or controlled by BALBOA TRAVEL or its affiliates, subsidiaries, or partners, if any, are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from this Site may be copied (except for a single copy for non-commercial purposes subject to the terms herein) or retransmitted unless expressly permitted by BALBOA TRAVEL. Other product and company names mentioned on this Site may be the trademarks of their respective owners.

Links to Third-Party Sites
Some of the links on this Site may allow you to leave this Site. Third-party sites to which this Site may link ("Third-Party Linked Sites") are not in any way under BALBOA TRAVEL's control. Absent express language to the contrary, BALBOA TRAVEL does not intend links contained on this Site to be endorsements of the contents on any Third-Party Linked Site or the entities that operate them, and the links to such Third-Party Linked Sites are provided for convenience only. All terms and policies (including privacy policies) on any such Third-Party Linked Site will apply to you while on such Third-Party Linked Sites. BALBOA TRAVEL and any such Third-Party Linked Site are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. BALBOA TRAVEL EXPRESSLY DISSOCIATES FROM THE CONTENT OF SUCH THIRD-PARTY LINKED SITES AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, INFORMATION SUBMITTED OR PROVIDED BY YOU TO SUCH THIRD-PARTY LINKED SITES), CONTENT, COMMUNICATIONS, TRANSMISSIONS, SERVICES, GOODS, OR OTHER MATERIALS AVAILABLE ON SUCH THIRD-PARTY LINKED SITES OR FOR ANY CHANGES OR UPDATES TO SUCH THIRD-PARTY LINKED SITES.

Warranty and Liability Disclaimer
THIS SITE AND ALL CONTENT AND MATERIALS PROVIDED ON THIS SITE, ARE PROVIDED TO YOU ON AN "AS IS", "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BALBOA TRAVEL DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCCURACY, QUIET ENJOYMENT, SECURITY, NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. YOU UNDERSTAND AND AGREE THAT BALBOA TRAVEL DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR YOUR ILLEGAL, IMPROPER, OR UNAUTHORIZED USE OF INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED WHILE USING THIS SITE.

NEITHER BALBOA TRAVEL OR ITS PARENT, AFFILIATES, SUBSIDIARIES, PARTNERS, AGENTS, OR LICENSORS MAKES ANY REPRESENTATION OR WARRANTY THAT YOUR ACCESS TO AND USE OF THE SITE WILL BE (1) UNINTERRUPTED OR ERROR-FREE, (2) FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) AVAILABLE AT ANY TIME, APPROPRIATE, OR LEGAL FROM ANY LOCATION. You expressly agree that the use of this Site is at your sole risk.

Limitation of Liability
TO THE GREATEST EXTENT THAT SUCH A LIMITATION IS PERMITTED BY APPLICABLE LAWS, BALBOA TRAVEL AND ITS PARENT, AFFILIATES, SUBSIDIARIES, PARTNERS, AGENTS, AND LICENSORS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, COMPENSATORY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, THE MATERIALS OR INFORMATION CONTAINED AT THIS SITE, INCLUDING LOST PROFITS OR REVENUES, LOST OR DAMAGED DATA, BUSINESS OR GOODWILL, OR BUSINESS INTERRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY CONSTITUTES A FUNDAMENTAL BASIS OF THIS AGREEMENT AND BALBOA TRAVEL WOULD NOT HAVE PERMITTED YOU TO USE THIS SITE ABSENT SUCH LIMITATIONS.

Privacy Policy
BALBOA TRAVEL is concerned about your privacy and has developed a privacy policy to that can be found at the privacy link to address privacy concerns.

Dispute Resolution
Any claims arising out of the use of this Site shall be resolved by arbitration in San Diego, California in accordance with the then-current rules of the American Arbitration Association. The internal laws of the State of California (other than conflicts of laws rules) and of the United States of America shall apply. The arbitration shall be conducted by a single arbitrator engaged in the practice of law. The arbitrator's decision and award shall be final and binding and may be entered in any court with jurisdiction.

Changes
BALBOA TRAVEL reserves the right to revise any of these terms at any time without notice.

Part II: Terms and Conditions that Specifically Apply to the Hotel Service

Limitation of Liability
BALBOA TRAVEL may be deemed to be acting as agent for hotels (collectively, "Hotel Suppliers") in facilitating the sale of hotel services to you. BALBOA TRAVEL does not assume liability for any injury, damage, death, loss, accident or delay due to any act or default of a Hotel Supplier, or by an act of God. Further, no responsibility is accepted for any damage and/or delay due to hotel cancellations, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or causes beyond BALBOA TRAVEL's control. No responsibility is accepted for any additional expense, omissions, delays or acts of any governmental authority.

Hotel Service Restrictions

Hotel services available through this Site are subject to the following restrictions:
All hotel reservations made directly with a hotel are only cancelable or changeable in accordance with the policies of that particular hotel; Frequent traveler points, upgrades, certificate vouchers and other discounts or incentives may not be applied towards rooms reserved through our Site. If your hotel allows a change to a reservation confirmed through our Site, additional room charges may be applicable and are at the discretion of the hotel and the hotel's prevailing rates at the time of your request.

Payment and Security
Some Hotel Suppliers hotel rates require a nonrefundable prepaid sum up to the full amount of the hotel reservation(s). Your credit card may be charged for the full amount immediately. The full amount is the total cost of your reservation and includes the room rate, tax charges and our service fees.

User agrees that if a request for purchase for a hotel reservation is accepted, BALBOA TRAVEL will confirm the reservation and forward your credit card information to the hotel in order for the hotel to charge the entire amount of the stay, including standard city and sales taxes, to your credit card.

Depending on the city you select, a local tax or "hotel occupancy tax" may apply. These taxes will be added by your hotel and will either be payable at check out, at the discretion of the hotel. When you check in, a photo ID and credit card will be required to secure any additional local hotel occupancy taxes and incidental charges (phone calls, room service, movie rentals, etc.) that you may incur during your stay.

Hotel Rates
Room rates in a city are obtained through the Sabre Global Distribution System. Rates posted on the Site may not include all available and published room rates. BALBOA TRAVEL makes no guarantee or warranty that a hotel room will be available below or within the stated price range. All hotel pricing information available on this Site is subject to change without notice.

Cancellation Policy
Your hotel reservation may be changed or cancelled at any time, subject to a cancellation or change fee imposed by Hotel Supplier. In addition, if you do not cancel or change your reservation before the hotel's cancellation policy period, which varies by hotel (usually 24 to 72 hours prior to your date of arrival), you will be subject to a charge of one-night's room rate, tax charges and service fees. Some Hotel Suppliers rates do not permit any changes or cancellations. See the hotel description for each hotel's cancellation and modification policy period.

Terms and Conditions that Specifically Apply to Airline Services
Travel Service Limitation of Liability
BALBOA TRAVEL is acting as an agent for airlines, partner agencies or other travel service providers (collectively, "Travel Suppliers") in selling travel services, or in accepting reservations or bookings for such services to be provided to you. BALBOA TRAVEL does not assume liability for any injury, damage, death, loss, accident or delay due to an act of negligence or the default of a Travel Supplier, or by an act of God. Further, no responsibilities are accepted for any damage and/or delay due to sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or causes beyond BALBOA TRAVEL's control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. The contract of carriage in use by a Travel Supplier, when issued, shall be between the Travel Supplier and the passenger.

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. BALBOA TRAVEL urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Disinsection is permitted under international law in order to protect public health, agriculture and the environment. You may have selected a flight/itinerary that is subject to insecticide spraying prior to a flight or while you are on the aircraft. Federal law requires that we refer you to: airconsumer.ost.dot.gov/spray.htm

The Department of Transportation's disinsection website which will advise you of all countries that may have this in effect at this time: airconsumer.ost.dot.gov/spray.htm. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, & www.customs.gov.

Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your 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 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.

Ticket Restrictions

Airline tickets purchased through this Site are subject to the published conditions of carriage and rules of the applicable airline. In addition, the following restrictions will apply:

Cancellations and Changes to Issued Air Tickets/Fees
Cancellation and/or changes to issued air tickets is dependent upon each carrier's rules and regulations. BALBOA TRAVEL reserves the right to impose all cancellation/change policies set forth by the validating carrier.

In the event an itinerary is changed once tickets are issued, a change fee at the current prevailing fee imposed by the applicable carrier will be assessed, in addition to the collection of the additional fare, if any.

Name changes are not permitted at any time.

In the event of a total cancellation, airfares may be non-refundable. Should the fare be non-refundable, the carrier may allow future travel for the same passenger(s) within a 1-year time period. Each carrier reserves the right to impose a fee up, plus collection of the additional fare. BALBOA TRAVEL and partner agencies reserve the right to charge an administrative fee of 25.00USD independent of the Travel Supplier fee for each refund, cancellation or exchange.

Other Applicable Fees

Terms and Conditions that Specifically Apply to Cruise Services
BALBOA TRAVEL may be deemed to be acting as agent for Cruise Companies (collectively, "Cruise Suppliers") in facilitating the sale of cruise services to you. BALBOA TRAVEL does not assume liability for any injury, damage, death, loss, accident or delay due to any act or default of a Cruise Supplier, or by an act of God. Further, no responsibility is accepted for any damage and/or delay due to hotel cancellations, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or causes beyond BALBOA TRAVEL's control. No responsibility is accepted for any additional expense, omissions, delays or acts of any governmental authority.

Itineraries
Cruise Suppliers reserve the right to cancel or change itineraries at any time.

Cancellations and Changes
Cancellations and changes to existing cruise reservations vary by each Cruise Supplier. Please refer to the full terms and conditions of passenger ticket or passenger contract for fees relating to cancellations or changes. Many Cruise Suppliers charge a varying cancellation or change penalty determined by cruise sail date.

Terms and Conditions that Specifically Apply to Car Rental Services
BALBOA TRAVEL may be deemed to be acting as agent for Car Rental Companies (collectively, "Car Suppliers") in facilitating the sale of hotel services to you. BALBOA TRAVEL does not assume liability for any injury, damage, death, loss, accident or delay due to any act or default of a Hotel Supplier, or by an act of God. Further, no responsibility is accepted for any damage and/or delay due to car cancellations, pilferage, labor disputes, machinery breakdown, mechanical issues, quarantine, government restraints, weather or causes beyond BALBOA TRAVEL's control. No responsibility is accepted for any additional expense, omissions, delays or acts of any governmental authority.

Rates are based on the base rate of the vehicle, and will not include taxes, fuel, surcharges or any other ancillary charges. Vehicles rented through BALBOA TRAVEL do not include insurance.