This website (the “Website”) is owned and operated by Business Class Consolidator, Inc. (“BCC”). The Services (as defined below) and the Website, including, but not limited to, the content therein, are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). The terms “we”, “us”, “our” and “BCC” refer to Business Class Consolidator, Inc. The term “you”, “traveler” and “passenger” refers to the customer visiting our Website, and/or booking a reservation through us, as well as all members of their traveling party.
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY, LIMITATIONS ON ACTIONS AND NO CLASS ACTIONS. ,
You should also read our Privacy Policy https://businessclassconsolidator.com/privacy which also governs your use of the Website, and is part of this Agreement. By accessing or using this Website, booking any reservations for air, or other travel products or services (collectively, “Travel Products”) published on, or offered or provided through this Website, or contacting our agents, or purchasing BCC’s ancillary Travel Protection Services (collectively, the “Services”), you agree that the Agreement then in force shall apply. Additionally, you agree that we may make changes to the Agreement at any time and those changes become effective immediately. If we make material changes you will be notified. Your continued use of our Website or our Services constitutes your agreement with said changes. If you are making a booking as a group, the leader of the group is responsible for sharing this Agreement with all Passengers of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share this Agreement with all Passengers in their group.
If you do not agree to the Agreement, please do not use or book any reservations, or purchase any Travel Products published on, or offered or provided through this Website or our agents, or otherwise use the Travel Products or Website.
As a condition of your use of the Services and this Website, you represent and warrant that:
BCC retains the right at its sole discretion to deny access to anyone to use this Website or the Services, at any time and for any or no reason, including, but not limited to, for violation of this Agreement. You agree that any violation of any portion of this Agreement may result in (a) the cancellation of your reservation, booking or purchase, (b) your forfeiture of any monies paid for your reservation, booking or purchase, and (c) you being denied access to the applicable travel related product or service.
You must contact us directly to make a booking. Because of the process involved to ensure you the best discount possible, we do not accommodate online booking. Once we discuss your travel details our agents will use a variety of searching methods to secure your booking. This process may take anywhere from several hours to a few days depending on your request.
BCC’s service fee will be disclosed to you when booking by our sales representative. By proceeding with booking or payment of ordered Travel Products, or using our Services, you acknowledge the service fee amount and agree with BCC’s fees and the non-refundability, cancellation and refund policies described herein.
Payment is required at the time of booking and prices include a NON-REFUNDABLE BCC’s service fee. We accept Visa, Mastercard, American Express, and Bank Wire Transfers. While we do accept major credit cards, Passengers must provide to us a signed charge authorization agreement for every transaction for your trip. Your authorization is a binding agreement for us to charge your card and as such you waive any right to chargeback in the case of cancellation for any cause (excepting fraud), including without limitation a Force Majeure event, as defined herein, and agree to refund policies and procedures as outlined in this Agreement. In the event a Passenger attempts to chargeback, reverse, or recollect a trip payment already made without the authorization of BCC, we reserve the right to collect all additional costs, fees, and expenses associated with such chargeback, reversal, or recollection, including, without limitation, attorney fees. By using our Services to make a reservation, you accept and agree to our cancellation and chargeback policy. Without limitation to the foregoing, you agree that the following scenarios shall be automatically deemed improper chargebacks and we shall have the right to rebut all such claims:
Passengers are required to immediately review all aspects of their booking to verify (including but not limited to): Passenger names, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports on your booking receipt. Please notify us immediately if any omissions and/or corrections are needed regarding the booking details. 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. Passenger is required to verify the accuracy of the Passenger’s LEGAL first & last names. It is mandatory that Passenger names be identical to the Passenger(s) LEGAL first and last names and identical to the names as they appear on booking and travel documents.
Because the pricing we obtain for you is at promotional rates, cancellations and changes must be requested directly through BCC and not through our Suppliers, or the air carrier. Should you contact the Supplier or Carrier directly for changes or cancellations we will assess a processing fee. Tickets and/or other Travel Products purchased through BCC agents are heavily discounted and thus are NON-REFUNDABLE and non-exchangeable, except as expressly provided herein or by applicable law and government regulations. In limited circumstances Carriers or Suppliers may allow changes or cancellations subject to the terms and conditions (“fare rules”) of the Carrier or Supplier. Subject to the fare rules of each Carrier or Supplier, cancellations and/or changes are generally permitted up to 48 hours before departure. There will be a minimum of $250.00 per Passenger processing fee in addition to any fare difference and any applicable fees/penalties charged by the Supplier and/or recalled by the Supplier. Fees vary depending on the specific fare rules. NO SHOW ticket(s) have no value and are NON-REFUNDABLE and not exchangeable.
Your cancellation of a reservation does not initiate a refund or guarantee a credit or voucher. You will not receive a monetary refund when canceling, save the instances when you purchased Cancel For Any Reason Service which terms set out below in the Travel Protection Services section. Instead, you may receive a travel credit (less any applicable Supplier fees) towards a future ticket purchase on an international flight of equal or higher value; such travel credit will be valid for up to twelve (12) months from the original date of purchase and during this period all travel must be complete. The validity of this travel credit depends on the specific fare rules.
Because Tickets and Travel Products are NON-REFUNDABLE in certain circumstances, we strongly suggest you purchase (i) Insurance Plans (offered by third party independent insurers) or (ii) BCC’s Travel Protection Services. If the Supplier or Carrier cancels your flight(s) and is not able to protect you via suitable alternate flight(s,) we will attempt to secure new airfare for you and any fare differential will be yours to pay. Should you not accept the new air itinerary within the timeframe allowed, refunds will be governed by the US Department of Transportation policies. Please note that all service fees (including, without limitation, fees to search airfare and related services, customer support, and other services related to BCC’s research and offering of Travel Products) charged when a ticket was originally purchased and disclosed to you when the purchase was made are NON-REFUNDABLE.
We cannot accept liability for any loss, damage, injury, delay, inconvenience or cancellation, or provide any refund or pay any compensation, where the performance or prompt performance of our contractual obligations or that of the Supplier is prevented or affected, in whole or in part, as a result of circumstances amounting to “force majeure”. “Force majeure” means any event or circumstances which we or the Suppliers of the Travel Products could not foresee or avoid and includes, without limitation, acts of God, actual or threatened war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, government health advisories, delay, or cancellation, adverse weather conditions, fire, natural disaster, and all other events outside our control. In the circumstances amounting to force majeure, we will not be required to refund any money to you (except as may be required by applicable U.S. Department of Transportation policies) although if we can recover any monies from our Suppliers (and we are under no obligation to), we will pass these monies to you.
BCC strongly recommends you purchase travel/medical/baggage travel insurance policies (offered by independent, third-party travel insurers) for the trip (“Insurance Plans”). Such a plan at a minimum should cover trip cancellation or interruption, cancellation for any reason, and baggage. Insurance Plans can help protect you in the event of loss of NON-REFUNDABLE trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for missed connections and baggage loss.
BCC is not qualified to answer technical questions about the benefits, exclusions, and conditions of Insurance Plans. BCC cannot evaluate the adequacy of the prospective insured’s existing or desired Insurance Plan. If you have any questions about your Insurance Plan, call your insurer or insurance agent or broker.
Declining to purchase an Insurance Plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without an Insurance Plan, there may be no way to recoup any losses, costs, or expenses incurred. If you choose to travel without an Insurance Plan, we will not be liable for any of your losses howsoever arising, for which an Insurance Plan would otherwise have been available.
Name Changes. Name changes are not allowed, only the original Passenger can use the ticket(s).
No Show Tickets. “No-show” tickets have no value. A “no-show” status will be applied when a Passenger has not shown up for the outbound flight and has not processed a cancellation. In such case, the flight segment will be automatically changed to a “no show” status, and all the connecting flights associated with this booking, including a return flight, will be automatically canceled losing any potential future credit value.
Travel Segments. The ticket can be used only in the original sequence of travel segments as it was issued, out of sequence usage is not allowed.
Recommended Check-in Time. The recommended check-in time for all international flights is a minimum of 3 hours before departure time, even if the Passenger is traveling on a domestic flight to another airport to connect to the Passenger’s international flight. BCC is not responsible if the Passenger misses his/her flight by being late for check-in or at the gate. If the Passenger misses his/her flight, you must first contact the airline representative at the airport as they have the best ability to reschedule Passengers on alternative flights. If this is unsuccessful, please contact your BCC agent.
Missed Flights. Missed flights are not refundable and non-exchangeable, changes or replacement flights will be at the discretion of the Supplier. BCC will endeavor to use reasonable efforts to assist you, but it cannot guarantee a replacement flight.
Connecting Flight Baggage Information. If your itinerary has multiple reservations for certain segments, you are solely responsible for self-transfers and connections, and may need to re-claim and re-check baggage (and you are solely responsible for timely re-claiming and re-checking and processing through any needed security).
Schedule Changes. Airlines retain the right to adjust flight times, schedules, and equipment at any time – schedule changes can result in an itinerary change. Airlines may also at their discretion change or cancel flights or whole itineraries. Passengers should check their travel booking from time to time or at the minimum at least 72 hours prior to scheduled departure for any schedule changes and verify the current flight information on the airline’s Website.
Overbooking and Flight Replacement. Occasionally airlines overbook flights, which can result in denied boarding. If your ticket is not honored for any reason, please contact your BCC agent immediately. Your ticket is guaranteed up to the original paid amount, and BCC will replace your ticket within 72 hours or provide other alternative options within 72 hours. You agree to give BCC 24 hours from the time of the original scheduled departure to remedy any issues with your booking.
Frequent Flier Awards. Since most airfares offered by BCC are heavily discounted, they might not offer frequent traveler awards (miles, points etc.), upgrades, certificate vouchers, and other discounts or incentives may not apply to your Travel Products. Additionally, mileage accrual may not apply to all flight segments. Please discuss any aspects of frequent traveler awards with your BCC agent before booking and finalizing the itinerary.
Baggage Allowance. Passengers may have to pay additional fees at the airport if their checked luggage exceeds the weight, size, or quantity allowed in the standard baggage allowance by the airline. Some airlines do not offer any free baggage allowance. Baggage allowance policies and baggage fees associated with checked or carry-on baggage vary widely and are subject to change by the airlines at any time. Please inquire with the applicable airlines for more information. Passengers are responsible for any additional baggage fees.
Special Requests/Dietary Restrictions. Any special requests including accessibility requests and dietary restrictions must be made at the time of booking. Our agents will communicate those requests to the Supplier but we will have no further liability to you should requests be unavailable.
The Passenger is responsible for ensuring that he/she meets foreign entry requirements and that his/her travel documents, such as passports, visas (transit, business, tourist, and otherwise), are in order and that any other foreign entry requirements are met. BCC has no obligation to advise clients on any visa or travel document requirements and will take no responsibility in case of denied boarding or entry into a country due to lack of visa(s) or improper travel documents. The Passenger’s passport should be valid for a minimum of 6 months from the date of travel. We urge you and you agree to inform your Passengers, to review travel restrictions, warnings, announcements, and advisories issued by the relevant government agencies prior to booking travel to international destinations.
Traveling on a one-way ticket may not be allowed to certain destinations, please check if this is allowed before the Passenger’s departure. Please note that some countries may require a visa and/or a health card. It is the Passenger’s responsibility to have all required travel documents in possession at check-in. It is strongly recommended that Passengers review visa requirements for all stops as some countries may require a transit visa.
You, and the applicable Passenger, must consult the relevant Embassy or Consulate for information related to passports, visas, and other travel documentation and information including, but limited to any travel and health advisories. Requirements may change and you should check for up-to-date information before booking and departure. In some countries, you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. These fees are the Passenger’s responsibility. We accept no liability if the Passenger is refused entry onto a flight or into a country due to failure to carry correct and adequate passport, visa, or other travel documents required by any airline representative, government, or border control authority, including countries the Passenger may just be transiting through even if the Passenger does not leave the aircraft or airport.
Health: Recommended inoculations for travel may change and the Passenger should consult his/ her doctor for current recommendations before departure. It is the Passenger’s responsibility to ensure that he/she meets all health entry requirements, obtains the recommended inoculations, takes all recommended medication, and follows all medical advice in relation to the Passenger’s trip.
Disinfection. 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 on their website at the time of booking for further information. https://www.transportation.gov/airconsumer/spray
Each traveler is expected to act responsibly and adhere to all behavior guidelines established by BCC and our Suppliers. BCC and all Suppliers reserve the right to remove you from any airline, airport, facility, hotel or resort property, trip location or any other means of transportation if your health or your conduct appears to endanger yourself or others, disrupts the general well-being of other individuals on any element of your trip, or interferes with the operation or security of the places you visit. In any such case, there will be no refund.
When you book with BCC, you accept responsibility for any damage or loss caused by you or your group. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other Supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a participant removed from a flight, airport or trip, or any portion of a trip. You agree not to hold BCC 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 traveler. You further acknowledge and agree to follow and abide by any and all laws and regulations of any state and/or country you enter while participating in the trip. While all local and national laws and regulations are important to follow, we strictly encourage you to be informed concerning the use and/or possession of drugs in particular. There will be no tolerance for any use or possession of any drug and your failure to strictly comply with this requirement will result in a breach of this Agreement. We require responsible alcohol consumption for your safety and for those around you. If you are asked to leave a trip for inappropriate behavior, violence, or any other disruptive action, you will not be refunded.
BCC may offer you ancillary, pre-departure, non-insurance services such as Travel Disruption Protection Service (“TDP Service”) and Cancel For Any Reason Service (“CFAR Service”), the terms of which are set out below in this Travel Protection Services Section (collectively referred to as “Travel Protection Services”).
IMPORTANT NOTICE. The Travel Protection Services are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, do not take the place of insurance obtained or obtainable by you, and are intended to be complementary to purchased Insurance Plans or other insurance products. Travel Protection Services are not Insurance Plans or travel insurance but are instead a limited set of re-booking services and refund/credit processes. The Travel Protection Services are not intended to replace the benefits of Insurance Plans or actual travel insurance. These non-insurance travel flexibility products operate independently from, and are complementary to, Insurance Plans or travel insurance. Insurance Plans and actual travel insurance may be purchased separately from a licensed, third-party insurer. BCC has no obligation, responsibility, or liability in connection with any Insurance Plan or travel insurance product purchased by you, and the information provided to you in connection with the Travel Protection Services does not constitute advice in relation to considerations of Insurance Plans or travel insurance products.
Passenger Rights. In certain circumstances, airlines or ticket agents shall compensate passengers for cancellations, delays, or other disruptions to scheduled air travel (“Passenger Rights”). You may have these Passenger Rights even if you do not purchase the Travel Protection Services. The value the Travel Protection Services provides is a quick and easy way for you to rebook a new flight in case of flight disruption, or get a refund in the event you decide to cancel your flight, without having to go through your airline carrier (depending on which Travel Protection Service you purchase). For more detailed information regarding your existing cancellation policy rights, please refer to current regulations from the US Department of Transportation and the airlines’ own websites.
Travel Disruption Protection Service offers you a free rebooking and other services outlined below if your original scheduled flight(s) is Disrupted. In this section “Disruption” means a “cancellation” or a “significant change”, as defined in the U.S. Department of Transportation’s regulations, i.e. a cancellation of your flight, or a delay in departure or arrival times of a flight in your itinerary of more than 3 hours domestically, or 6 hours internationally, departures or arrivals from different airports than originally scheduled, increases in the number of connections, instances where passengers are downgraded to lower classes of service, or where connections at different airports or flights on different planes are less accessible or accommodating to a traveler with disabilities.
The TDP Service is subject to the following terms, requirements, and restrictions:
How It Works.
Having purchased TDP Service BCC will render you the following services.
24/7 Support. You will receive round-the-clock assistance for any travel Disruptions affecting your flight, while general BCC assistance is available during business hours (9 AM – 6 PM EST). This assistance, and our TDP Service generally, also applies to helping you manage your multiple-booking/flight itineraries (e.g., if your itinerary has multiple reservations for certain segments).
Alternative Flight Arrangement and Refunds. Under the TDP Service, you will be eligible either for an Alternative Flight Arrangement or, if you refuse an alternative flight (itinerary) offer, a Refund on the terms outlined below.
Alternative Flight Arrangement. If the Disruption occurs, you shall contact BCC by phone number at +1 866-346-7848 not later than 24 hours before the original time of the departure of your first scheduled flight in the itinerary affected by the Disruption.
As soon as we are notified about the Disruption, we will try to search for an alternative flight or combination of flights (if your itinerary subsumed multiple flights) that would allow you to successfully reach your destination according to the original scheduled itinerary that has been disrupted (and the substitute flights/itinerary shall be referred to as the “Alternate Flight Arrangement”). Upon your confirmation of your Alternative Flight Arrangement, we shall proceed to order the alternative flight(s) and will cover the cost of rebooking up to the amount of the original ticket price or the price of the original itinerary.
If the price of the Alternative Flight Arrangement is equal or lower than the original ticket price in your original Itinerary, we will book the alternative booking at no additional cost. The difference between the alternative booking and the original ticket price will not be refunded by BCC.
Should the price of the Alternative Flight Arrangement exceed the original ticket price or the price of the original itinerary, we will cover the difference up to $1,000. You must pay the difference in the prices over $1,000. Our agent will proceed to book the Alternative Flight Arrangement only after your confirmation of the alternative flight/itinerary with the higher price and pay the difference in the prices
BCC will not pay any additional costs if you miss the Alternative Flight Arrangement offered by our agent. If you have checked luggage, you must coordinate with the original airline to retrieve your luggage before or after your alternative flight. BCC is not responsible for any baggage retrieval and will not cover any baggage costs.
Refund.
If you refuse the Alternative Flight Arrangement or there is no Alternative Flight Arrangement available, you may elect to receive a 100% refund of the original booking price, less BCC’s fee, in the form of BCC travel credit or a monetary refund (via the same means you purchased your original booking) (“TDP Refund”). If the original booking was paid by BCC credit in full, you will be refunded exclusively in the form of BCC credit. Should the original booking be paid in part by BCC credit and in part by monies, we will refund you in the form of the original payment method. If you confirm the TDP Refund in the form of BCC travel credit, it will be immediately available for your new bookings. BCC travel credit is only valid for one (1) year from the issue date of your original air ticket. Monetary refunds will be provided in the form of your original payment method. BCC will endeavor to make monetary refunds within 10 business days from the date you accept the monetary refund option but may require additional time.
Any TDP Refund does not cover any amount of the booking for which the passengers can be refunded/compensated by a third party, including total and/or partial compensation resulting from any third party in case of a force majeure event. By confirming your choice, you give us your authorization to cancel the replaced flights in your itinerary or, if you selected the TDP Refund option, to cancel all the flights in your itinerary.
Your purchase of the TDP Service is subject to the following conditions and limitations:
Cancel for Any Reason Service grants you a refund for the amount of your booking travel costs if you want to cancel your trip before your first scheduled departure, regardless of the reason. Neither documentation nor reason will be required in order to exercise your rights under the CFAR Service.
The CFAR Service is subject to the following terms, requirements, and restrictions.
How It Works.
Having purchased CFAR Service you can cancel the flight purchased through BCC no later than forty-eight (48) hours before the first scheduled departure of your trip (hereinafter “specified timeframe”). BCC’s customer support team must be contacted within the specified timeframe, i.e. no later than forty-eight (48) hours before your departure, or you forfeit your right to a refund.
Once you cancel, you will have a choice to get 100% of your flight ticket cost back as a BCC travel credit for future bookings (“CFAR Credit”) or 80% of your flight ticket cost back as a monetary refund (“CFAR Refund”), subject to the terms outlined below.
After your specified timeframe has passed, the purchased CFAR Service will expire and any cancellations to your purchased trip will be subject to the conditions of the Cancellation and Changes section of the Agreement, as well as the fare rules imposed by the airline or Carrier for your ticket.
Getting CFAR Credit or a CFAR Refund. BCC will endeavor to make the CFAR Refund within 10 business days of cancellation in the form of your original payment method. CFAR Credit will be immediately available upon cancellation for your new bookings. CFAR Credit is only valid for one (1) year from the issue date of your original air ticket. CFAR Credit cannot be combined or transferred to other persons and may be used only for purchasing a new air ticket through BCC.
IMPORTANT NOTICE. The amount you get back as a CFAR Refund excludes the amount you paid for the Travel Protection Services. You must cancel before your first scheduled departure. All cancellations must be done through BCC, rather than the airline you are booked with.
Your purchase of the CFAR Service is subject to the following conditions and limitations:
The CFAR Service does not apply to:
In the event of any of the foregoing circumstances, cancellations, changes, declarations of emergency, alerts, notices, designations, or other similar government action, your purchased CFAR Service shall automatically and immediately expire, and a refund of your trip purchase will be subject to the fare rules imposed by the airline Carrier for your ticket.
Exercising your CFAR Service for any flight in the booking will result in a cancellation of all purchased flights in your itinerary for all passengers included on the travel itinerary at the time of booking.
For more information, the FAQ on our Travel Protection Services is available here: https://businessclassconsolidator.com/protection-plans.
Traveler hereby gives consent and grants to BCC a royalty-free, perpetual, and irrevocable license to publish any photographs and/or videos of the trip or traveler in printed or electronic media without obtaining further consent and without compensation, solely for BCC’s social media and marketing purposes. Each traveler releases BCC and the BCC Representatives from any liability in connection with any use of such photographs and/or video. Additionally, can expect us to check in with you via email and/ or text message before, during, or after your flight to ensure everything runs smoothly. You consent to receive electronic communications and you agree that all documents, notices, disclosures, and other communications that we provide to you electronically, via email or through text, satisfy any legal requirement that such communications be in writing.
Exclusive Arbitration: You hereby agree that any and all Claims will be exclusively resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against BCC or its affiliates, Suppliers, or any third party offering Travel Products through the Website or Services (which you hereby acknowledge and agree that are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Agreements, regardless of whether prior versions of the Agreement required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees, and costs), and must follow and enforce this Agreement as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The place of arbitration will be in San Francisco, California. All proceedings will be held and a transcribed record prepared in English. The number of arbitrators shall be 1. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, except as provided in this section.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “BCC Legal: Arbitration Claim”, at Business Class Consolidator, 370 Turk Street, Suite 41, San Francisco, CA 94102. If we request arbitration against you, we will give you notice at the email address or street address you have provided. A party requesting arbitration must also provide a copy of the request to the AAA at www.adr.org or at any AAA office. You agree to give BCC an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any Services or Travel Products, or any statements made by us or content contained in the Website or the Services or any documentation provided by us, or this Agreement (“Claims”) by contacting your BCC agent or BCC at (866) 346-7848. Most problems can easily be dealt with on the spot. Please note if you do not report a problem or complaint which, if it had been reported at the time it occurred could have been resolved there and then, we cannot accept any liability in respect of that problem or complaint. In the unlikely event that an acceptable solution cannot be found, you should then write to us within 30 days of your return with full details of your complaint. All complaints must be in writing and received by either email at [email protected] or USPS. Our customer service team will work with you toward resolution but may request additional information from you, so please make sure that you save any pertinent documents. Resolution may take 60 days or longer. Nothing in this paragraph should be construed as a promise by BCC to settle or refund any money to you. All Passenger Claims must be submitted in writing by email at [email protected] and received by BCC no later than thirty (30) days after the completion of BCC’s scheduled travel. Passenger Claims not submitted and received within this time shall be deemed waived and barred.
No Class Action; Waiver of Jury Trial: Any and all proceedings to resolve Claims will be conducted pursuant to the arbitration provisions below and not in a class, consolidated or representative action whether in arbitration or in court. In connection with such arbitration, you agree that you will only bring claims against BCC in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding If for any reason a Claim proceeds in court rather than in arbitration, you (and BCC) each hereby waive any right to a jury trial.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would require the laws of another jurisdiction to apply. Claims shall be brought in a federal court located in California. The Federal Arbitration Act and federal arbitration law apply to this Agreement. This Agreement will not be governed by the following, the application of which is hereby expressly excluded: (a) the conflict of law rules of any jurisdiction, (b) the United Nations Convention on Contracts for the International Sale of Goods, and (c) the Uniform Computer Information Transactions Act, as enacted in any jurisdiction. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney’s fees, and reasonable costs for expert and other witnesses, and judgment on such award may be entered in any court with competent jurisdiction.
Injunctive Relief: Notwithstanding the foregoing, nothing in this Agreement will be deemed to prevent BCC from seeking injunctive relief (or any other provisional remedy) from any court of competent jurisdiction as necessary to protect its rights pursuant to this Agreement. The prevailing party in any suit will recover its reasonable attorney’s fees and costs, including expert costs, from the other party.
IMPORTANT: PLEASE READ THE ‘DISCLAIMER’, ‘LIMITATIONS OF LIABILITY’, AND ‘LIMITATION ON ACTIONS’ SECTIONS CAREFULLY.
By offering reservations for Travel Products for any particular destinations including, without limitation, international destinations, BCC does not represent or warrant that travel to such areas is advisable or without risk and is not liable for damages, losses, or personal injury (including, without limitation, death) that may result from travel to such destinations. Traveler is aware that travel such area as traveler is undertaking on the trip may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, BCC and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Traveler understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release BCC from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of BCC and traveler hereby covenant not to sue BCC for any such claims or join any lawsuit or action that is suing BCC. This agreement also binds your heirs, legal representatives and assigns. The terms of this Disclaimer; Assumption of Risk paragraph, shall survive any termination or cancellation of this Agreement, whether by operation of law or otherwise.
BCC is not responsible, and will not be liable, and you agree to bear the entire risk, for any inaccuracies, non-currentness, or incompleteness of any information supplied by you, including on behalf of your Passengers, to BCC or through this Website or the Services. BCC is not responsible, and will not be liable, and you agree to bear the entire risk, for the full list of the requirements, and sufficiency of travel documentation, the applicability, availability, or requirements for visas for travel or upon arrival at the travel destination, irrespective of what is stated on our Website, the Services, or in any documentation we provide you.
BCC and its Suppliers make no representations or warranties about the suitability for any purpose of Services, Website, or the content, information, software, or Travel Products contained thereon or provided by BCC, and the inclusion or offering of any Travel Products through the Website or Services does not constitute any endorsement or recommendation of such Travel Products by BCC. The Services, Website, and all content, information, software, or Travel Products contained thereon or provided by BCC, are provided on an “as is” and “as available” basis without warranty of any kind. BCC and its affiliates and Suppliers disclaim any and all representations, warranties, and conditions of any kind, whether express, implied, statutory, or otherwise, including the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, accuracy, completeness, and currentness, and all warranties that may arise from a course of dealing, regarding the Services, Website, and all content, information, software, or Travel Products contained thereon or provided by BCC. BCC does not warrant that the Website, Services, its servers or any email sent from BCC and/or its Suppliers are free of viruses or other harmful components, will be error-free, will be uninterrupted, or will be corrected.
The content and information including, without limitation, images, travel options, experience, amenities, product or service descriptions, testimonials, reviews and ratings, pricing and availability, published or displayed on the Website or Services, the Travel Products offered or provided through the Website or Services, and any documentation provided by BCC, may include inaccuracies or errors, including reservation availability and pricing errors. BCC does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to such content, information or Travel Products. In addition, BCC and its Suppliers expressly reserve the right to correct any availability and pricing errors displayed on the Website or Services and/or any documentation provided by BCC.
The content, information, and Travel Products published on, or offered or provided through the Website or Services, or any documentation provided by BCC, may include inaccuracies or errors, including, without limitation, pricing errors and errors in required travel documentation. In particular, BCC disclaims all liability for any errors, inaccuracies, incompleteness or non-currentness relating to the pricing, required travel documentation, and other information and description of Travel Products published on, or offered or provided through the Website or Services (including, without limitation, the images, travel options, experience, amenities, product or service descriptions, testimonials, reviews and ratings, pricing and availability), or any documentation provided by BCC. BCC expressly reserves the right to correct any pricing or other errors on our Website, the Services, and/or in any documentation provided by BCC. BCC reserves the right to correct any pricing errors at which time the correct amount becomes payable by you.
Suppliers of the Travel Products published on, or offered or provided through, the Website or Services (including BCC’s sales representatives you may have contracted) are independent contractors and not agents or employees of BCC. BCC is an independent contractor and is not an employee, agent or representative of any of these Suppliers. BCC does not own, manage, operate, supervise, or control any Supplier (e.g., an airline) or any other entity that supplies Travel Products related to your booking. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each Supplier. You hereby agree that BCC and its affiliates, and each of their respective officers, directors, members, employees, contractors, sales representative or agents (collectively, “BCC Representatives”) shall not be liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Suppliers of the Travel Products or for any personal injuries, death, property damage, or other damages, liabilities, losses, costs or expenses resulting therefrom. You hereby agree that BCC shall have no liability and will not be obligated to make any refund or exchange of tickets or Travel Products in the event of any delay, change in schedule, cancellation, overbooking, Supplier or airport rescheduling, strike, Supplier bankruptcy or insolvency, force majeure or any other causes beyond BCC’s direct control, and additionally, BCC and BCC Representatives shall have no responsibility for any additional costs or expenses, omissions, delays, re-routing or acts of any government or other authority.
To the maximum extent permitted by law, in no event shall BCC or any BCC Representative or its licensors, Suppliers or any other party involved in the creation, production or delivery of the Website or Services be liable for any direct, indirect, punitive, incidental, special or consequential damages, or for loss of profits, sales, business opportunities, revenues, goodwill, reputation, data use, or data, arising out of, or in any way connected with, these Agreement or the Travel Products, your access to, or use of, this Website or the Services, the delay or inability to access or use this Website or the Services, your reliance upon any content or information published or displayed on this Website or the Services, or any issues caused due to your access to, or use of, the Website or Services (including, without limitation, computer viruses), whether based on a theory of negligence, misrepresentation, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if BCC , any BCC Representative, any Supplier of the Travel Products, or any other Supplier or licensor of BCC, have been advised of the possibility of such damages.
To the maximum extent permitted by law, BCC’s total cumulative liability to you and your Passengers arising out of, or in any way connected with, these Agreement from or relating to this Agreement and the Travel Products, your access to, or use of, this Website or the Services, the delay or inability to access or use this Website or the Services, your reliance upon any content or information published or displayed on this Website or the Services, or any issues caused due to your access to, or use of, the Website or Services (including, without limitation, computer viruses), whether based on a theory of negligence, misrepresentation, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if BCC , any BCC Representative, any Supplier of the Travel Products, or any other Supplier or licensor of BCC, have been advised of the possibility of such damages, will not exceed: (a) the service fee you paid to BCC for the Travel Product that gave rise to the liability, and (b) ten U.S. dollars (USD 10) for any other liability. You acknowledge and agree that the service fees charged by BCC for the Travel Product you purchase hereunder reflects the allocation of risk set forth in these Agreement and that BCC would not enter into these Agreement or provide any Travel Product without these limitations on its liability. The foregoing limitations of liability are independent of any exclusive remedies set forth in these Agreement. BCC disclaims all liability of any kind of BCC Representatives, and BCC’s Suppliers and licensors. These limitations of liability also inure to the benefit of BCC Representatives, and BCC’s Suppliers and licensors.
Any arbitration proceeding, claim, suit or other action based on or related to these Agreement, or arising out of, or in any way connected with, these Agreement from or relating to this Agreement or the Travel Products, your access to, or use of, this Website or the Services, the delay or inability to access or use this Website or the Services, your reliance upon any content or information published or displayed on this Website or the Services, or any issues caused due to your access to, or use of, the Website or Services (including, without limitation, computer viruses), whether based on a theory of negligence, misrepresentation, contract, tort, strict liability, consumer protection statutes, or otherwise, must be instituted by you against us within one (1) year after the occurrence of any one or more of the acts, omissions, facts, conduct, events, claims or allegations upon which the action, proceeding or claim is based. You, on behalf of yourself and your Passengers, waive the benefit of any statute of limitations which specifies a period longer than one (1) year for filing an action or proceeding.
You agree to defend, indemnify, release and hold harmless BCC and the BCC Representatives from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, judgments, suits, settlements, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by you or third parties (including, without limitation, Suppliers and Passengers) in connection with:
iii. your use of the Travel Products, Website or Services, including without limitation any damage caused by you in connection with your travel.
This Agreement, including any other documents, brochures, itineraries, and invoices we provide you, constitutes our entire agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written, with respect to BCC. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Failure by us to exercise or enforce any right or provision of this legally binding Agreement shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party. The provisions of this Agreement which by their nature extend beyond termination or expiration of this Agreement (whether by operation of law or otherwise) shall survive the expiration or termination of this Agreement to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate.
BCC welcomes your questions or comments about our itineraries:
533 Airport Boulevard, Suite 400
Burlingame, CA 94010
Email: wec[email protected]
Upon cancellation of the transportation or other Travel Products, where the Passenger is not at fault and has not canceled in violation of this Agreement or any other terms and conditions previously disclosed and agreed to by the Passenger, all sums paid to BCC for Travel Products not provided will be promptly paid to the Passenger, unless the Passenger advises BCC in writing, after cancellation. This provision does not apply where BCC has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, BCC will provide the Passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
If you are a resident of California the transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if BCC was registered and participating in the TCRF at the time of sale and the Passenger is located in California at the time of payment. Eligible Passengers may file a claim with TCRF if the Passenger is owed a refund of more than $50 for transportation or other Travel Products which BCC failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one Passenger is the total amount paid on behalf of the Passenger to BCC, not to exceed $15,000.
A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to:
Travel Consumer Restitution Corporation; 468 Manzanita Ave.,Suite 1, Chico, CA 95926; or by visiting TCRC’s website at: www.tcrcinfo.org.
The TCRF does not cover any Passengers purchasing BCC Travel from outside of the state of California.
California Seller of Travel
California Registered Seller of Travel # 2116669-40. Registration as a seller of travel does not constitute approval by the State of California. California law requires certain sellers of travel to have a trust account or bond. This business has a trust account.
