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Terms and Conditions

 

Acceptance of the Terms and Conditions

Welcome to the website of Global Wishes LLC (“GW”, “we” or “us”). The following terms and conditions (together with any documents referred to in them) (“Terms and Conditions”) apply to your use of the GW website, including any content, functionality and services offered on our website.

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Use of the GW Website.

 

Please read the Terms and Conditions carefully before you start to use the site. By using the Website or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree to abide by these Terms and Conditions 

 

Changes to the Terms and Conditions: We may revise and update these Terms and Conditions from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. All material changes will apply prospectively only. Your continued use of the website following the posting of revised Terms and Conditions means that you accept and agree to the changes.

 

Accessing the Website: Access to the website is permitted on a temporary basis, and we reserve the right to withdraw or amend any service we provide on the website in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users. 

 

You are responsible for making all arrangements necessary for you to have access to the website. You are responsible for ensuring that all persons who access the website through your internet connection are aware of these Terms and Conditions, and that they comply with them.

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the website that all the information you provide on the website is correct, current and complete.

 

Intellectual Property Rights: The entire contents of the website (including all information, software, text, displays, images, video and audio) and the design, selection and arrangement thereof, are owned by GW or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights. You are permitted to use the website for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective client, supplier or distributor of GW. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on our site without the prior written consent of GW, except to:

  • Store copies of such materials temporarily in RAM.

  • Store files that are automatically cached by your Web browser for display enhancement purposes.

  • Print a reasonable number of pages of the website for a permitted use.

  • Repost on social media

You must not:

  • Modify the paper or digital copies of any materials from this site.

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, and other proprietary notices appearing on such materials.

 

You must not reproduce, sell or exploit for any commercial purposes any part of the website, access to the website, or use of the website or any services or materials available through the website without obtaining a license to do so from GW or its applicable licensor. 

 

If you print, copy, modify, download, or otherwise use any part of the website in breach of the Terms and Conditions, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website or any content on the site is transferred to you, and all rights not expressly granted are reserved by GW. Any use of the website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

 

Company Trademarks: The GW name, the GW logo, and all related names, logos, product and service names, designs, and slogans are trademarks of GW or its licensors. You must not use such marks without the prior written permission of GW. All other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners.

 

Prohibited Uses: You may use the website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the website:

  • In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • To impersonate or attempt to impersonate GW or a Company member (including, without limitation, the use of e-mail addresses associated with any of the foregoing).

  • To engage in any other conduct that, as determined by us, may harm GW.

Additionally, you agree not to:

  • Use any robot, spider or other automatic device, process or means to access the website.

  • Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.

  • Use any device, software or routine that interferes with the proper working of the website.
    Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website.

  • Otherwise attempt to interfere with the proper working of the website.

 

Reliance on Information Posted: The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents.

 

Changes to the Website: We may update the website from time to time, but its content is not necessarily complete or up-to-date. We may change the website at any time with or without notice. We may suspend access to the website, or close it indefinitely. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.

 

Information About You and Your Visits to the Website: We collect and use information about you in accordance with our Privacy Policy. By using the website, you consent to such collection and use and you represent and warrant that all data provided by you is accurate.

 

Links from the Website: If the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions: The owner of the Website is based in the state of Virginia in the United States. We provide this website for use only by persons located in the United States. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties: You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.   We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it. 

 

Your use of the website, its content, and any services or items obtained through the website is at your own risk.  The website, its content, and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.  Neither GW nor any person associated with GW makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website.  Without limiting the foregoing, neither GW nor anyone associated with GW represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or any services or items obtained through the website will otherwise meet your needs or expectations.

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GW hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties or merchantability, non-infringement and fitness for particular purpose.  The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 

Limitation on liability:  In no event will the collective liability of GW, its members, officers and directors be liable for damages of any kind, under any legal theory, arising out of connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence) breach of contract or otherwise, even if foreseeable.

 

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

 

Indemnification: You agree to defend, indemnify and hold harmless GW, its members, officers, and directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms and Conditions or your use of the website, including, without limitation, any use of the website’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the website.

 

Governing Law and Jurisdiction: These Terms and Conditions and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of Virginia or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Virginia, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and the venue in such courts.

 

Limitation on Time to File Claims: Any cause or action or claim you have arising out of these Terms and Conditions or the website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. 

 

Waiver and Severability: No waiver of these Terms and Conditions by GW shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of GW to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.  If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

 

Entire Agreement The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and GW with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website.

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Travel Planning.

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By planning travel with GW, you agree to be bound by these Terms and Conditions and acknowledge that GW 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 and Conditions include warranties and disclaimers and exclusions of liability and may restrict your rights and remedies and provide protection to GW

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1.  Use of GW Services, Access and Information for 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 GW. You agree to be financially responsible for all of your travel bookings made on behalf of yourself and any member of your traveling party and 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 GW and its Suppliers, and acknowledge that, without limitation, any speculative, false, or fraudulent reservation is prohibited.

All bookings are accepted by GW as agent for the travel Suppliers on your itinerary. Separate Supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select, and you understand and agree to 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.  

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2.  Payments and Cancellations.

You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through GW. By submitting your credit card information to GW, you agree to allow GW to use your payment method to purchase travel products from our Suppliers on your behalf.  Excepting in cases of fraud, you agree not to file any dispute with your bank or credit card company to avoid or violate any booking Terms and Conditions of GW or its suppliers, including cancellations or changes of itinerary or arrangments for reasons beyond the control of GW or its suppliers.  If you attempt to chargeback, reverse or recollect a previously authorized trip payment, GW reserves the right to collect all additional costs, fees, and expenses associated with such chargeback, reversal or recollection, including, without limitation, attorney fees. 

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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 the 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 GW in writing. As a result of the cancellation, 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 refund.

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When you receive any and all travel documents, it is your responsibility to review and verify all information for accuracy within 24 hours. Contact GW within 24 hours if changes or corrections are required.

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3.  Travel Documents including TSA and DHS Acceptable Identification Requirements.

It is the responsibility of each Client to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. 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/traveler-information/acceptable-ids; examples are DHS-designated enhanced driver’s license, passport, or a foreign government passport. The name, date of birth, and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Client to miss flight(s), and subsequent scheduled travel bookings on cruises and tours.

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GW strongly recommends that you take into account that 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. You are responsible to make GW aware when traveling on a passport from a country other than the United States of America. GW neither controls nor warrants the issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued, GW is not responsible for lost payments made toward the contemplated trip. Please note that the rules of each country regarding entry and exit change on a daily basis.

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Children and infants 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/s/article/Article-3643 for additional information. 

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4.  Individual Entry and Exit Requirements

Each country holds different views of past criminal offenses, whether within or outside of its 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 should review current entry requirements. See http://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp.

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5.  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 radiopharmaceuticals.  (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 http://www.tsa.gov/traveler-information/prohibited-items.

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6.  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/office-policy/aviation-policy/aircraft-disinsection-requirements.

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7.  Health Immunizations.

You must have the proper immunizations and health screenings and the required documentation of such immunizations and screenings before travel. GW shall not assume responsibility for the accuracy of health, vaccination, or documentation prior to departure or upon landing at the final destination. In some cases, required inoculations must be recorded by the 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.

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8.  Air Travel, Schedule Reconfirmation, Check-In.

GW 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 the automatic cancellation of all continuing and return flights, as well as forfeiture of airfares.  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.

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9.  Right to Correct Errors/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. Prospective Clients are advised to reserve early to avoid disappointment, increases in fares, and additional late booking fees.

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10.  Unused Arrangements, Minimum Passenger Requirements and Alterations to Bookings.

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. Some group tours are based on the minimum number of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed, or the tour may be canceled. Any cancellations of a tour or package for the reason of failing to meet the minimum traveler requirement will be governed by the tour operator’s cancellation policy.  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. All requests for changes to a booking must be made in writing to GW.  The Supplier may determine that alterations in the 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 GW bears no responsibility for any changes.

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11.  Limitations of Responsibility and Disclosure

GW 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 GW. 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.  Because GW acts as an agent for disclosed principal suppliers and does not have the right to control the operations of such independent operators and suppliers, you agree that GW is not liable for any personal injury or property damage, which may arise out of these services.  GW 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 supplier through GW, 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 any supplier or their respective employees, agents, servants, or representatives, including, without limitation, their failure to deliver or their partial or inadequate delivery of services, their cancellation and refund policies, fuel increases, bankruptcy or cessation of operations and other matters outside of GW's control, and you hereby exonerateGW from any liability with respect to the same.  GW has solely received commission and fees for travel transactions and the client agrees and understands that any recovery from GW will be limited to the amount of commission and fees actually received by GW.  

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12.  Risks/Safety

Travel to certain destinations may involve greater risk than others. GW 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, GW does not represent or warrant that travel to such destinations is advisable or without risk, and shall not be liable for costs, damages, or losses that may result from travel to such destinations.  The Client's participation constitutes acceptance of such events at the client's own risk.   

 

13.  Force Majeure

GW 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 GW.  The purchase of travel insurance is highly recommended on all trips. 

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In addition, each of GW's Suppliers has 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 non-performance of any obligations hereunder shall remain in the sole and absolute discretion of the Supplier, pursuant to their policies, although GW shall use its reasonable efforts to secure reimbursement for you where possible.

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14.  Currency Fluctuations.

Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations. GW is not responsible for surcharges or foreign transaction fees imposed by the Client’s credit card or bank.

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15.  Travel Insurance.

Without appropriate travel insurance, Client understands and agrees that if Client cancels or interrupts Client’s travel for any reason, portions of the trip/tour may not be refunded and GW'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 GW, however, if you decline to purchase insurance through the supplier, you do so at your own risk. Some travel insurance policies require insurance to be purchased at the time of booking or within a certain window of time to cover certain aspects of the policy, while others might allow it to be added on before final payment.  GW 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.   It is the Client's responsibility to reach out to the travel insurance policy specialists to ask questions, not to have GW do this for the Client.  An additional charge applies for any travel insurance selected.  GW cannot guarantee that any insurance provider will approve coverage for a claim made under the insurer's policy and makes no representation about the extent of coverage for any policy it may offer or quote.    

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16.  Reservation of Rights: 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 upon posting.

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17.  General.

The laws of the State of Virginia govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in Fairfax County, Virginia in all disputes arising out of or relating to travel bookings with GW.

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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 GW with respect to travel bookings made with GW by any means, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Client and GW with respect to communications with GW. 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.

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