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Terms & Condition

Terms and Conditions for TA TRIP TRACKER, LLC

8. Applicability.
   • These terms and conditions for services (these “Terms“) are the only terms that govern the provision of services by TA Trip Tracker, LLC (“TA Trip Tracker“) to the Customer (“Customer“).
   • The accompanying order confirmation (the “Order Confirmation“) and these Terms (collectively, this “Agreement“) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms and the Order Confirmation, these Terms shall govern, unless the Order Confirmation expressly states that the terms and conditions of the Order Confirmation shall control.
   • These Terms prevail over any of Customer’s general terms and conditions regardless of whether or when Customer has submitted its request for proposal, order, or such terms. Provision of services to Customer does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms.
9. Services. TA Trip Tracker shall provide the services to Customer as described in the Order Confirmation (the “Services“) in accordance with these Terms.
10. Performance Dates. TA Trip Tracker shall use reasonable efforts to meet any performance dates specified in the Order Confirmation, and any such dates shall be estimates only.
11. Customer’s Obligations. Customer shall:
    • respond promptly to any TA Trip Tracker request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for TA Trip Tracker to perform Services in accordance with the requirements of this Agreement;
    • provide such materials or information as TA Trip Tracker may reasonably request and Customer considers reasonably necessary to carry out the Services in a timely manner and ensure that such materials or information are complete and accurate in all material respects; and
    • obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the Services before the date on which the Services are to start.
12. Customer’s Acts or Omissions. If TA Trip Tracker’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants, or employees, TA Trip Tracker shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
13. Change Orders.
    • If either party wishes to change the scope or performance of the Services, it shall submit details of the requested change to the other party in writing. TA Trip Tracker shall, within a reasonable time after such request, provide a written estimate to Customer of:
      • the likely time required to implement the change;
      • any necessary variations to the fees and other charges for the Services arising from the change;
      • the likely effect of the change on the Services; and
      • any other impact the change might have on the performance of this Agreement.
    • Promptly after receipt of the written estimate, the parties shall negotiate and agree in writing on the terms of such change (a “Change Order“). Neither party shall be bound by any Change Order unless mutually agreed upon in writing in accordance with Section
    • Notwithstanding Section 6(a) and Section 6(b), TA Trip Tracker may, from time to time change the Services without the consent of Customer provided that such changes do not materially affect the nature or scope of the Services, or the fees or any performance dates set forth in the Order Confirmation.
    • TA Trip Tracker may charge for the time it spends assessing and documenting a change request from Customer on a time and materials basis in accordance with the Order Confirmation.
14. Fees and Expenses; Payment Terms; Interest on Late Payments.
    • In consideration of the provision of the Services by TA Trip Tracker and the rights granted to Customer under this Agreement, Customer shall pay the fees set forth in the Order Confirmation.
    • Customer agrees to reimburse TA Trip Tracker for all reasonable travel and out-of-pocket expenses incurred by TA Trip Tracker in connection with the performance of the Services.
    • Customer shall pay all invoiced amounts due to TA Trip Tracker on receipt of TA Trip Tracker’s invoice. Customer shall make all payments hereunder in US dollars by
    • In the event payments are not received by TA Trip Tracker within 30 days after becoming due, TA Trip Tracker may:
      • charge interest on any such unpaid amounts at a rate of 5% per month or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid; and
      • suspend performance for all Services until payment has been made in full.
15. Taxes. Customer shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer hereunder.
16. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights“) in and to all documents, work product, and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of TA Trip Tracker in the course of performing the Services, including any items identified as such in the Order Confirmation (collectively, the “Deliverables“) [except for any Confidential Information of Customer or Customer materials] shall be owned by TA Trip Tracker. TA Trip Tracker hereby grants Customer a license to use all Intellectual Property Rights free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free, and perpetual basis to the extent necessary to enable Customer to make reasonable use of the Deliverables and the Services.
17. Confidential Information.
    • All non-public, confidential or proprietary information of TA Trip Tracker, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing (collectively, “Confidential Information“), disclosed by TA Trip Tracker to Customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with the provision of the Services and this Agreement is confidential, and shall not be disclosed or copied by Customer without the prior written consent of TA Trip Tracker. Confidential Information does not include information that is:
      • in the public domain;
      • known to Customer at the time of disclosure; or
      • rightfully obtained by Customer on a non-confidential basis from a third party.
    • Customer agrees to use the Confidential Information only to make use of the Services and Deliverables.
    • TA Trip Tracker shall be entitled to injunctive relief for any violation of this Section.
18. Representation and Warranty.
    • TA Trip Tracker represents and warrants to Customer that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement.
    • TA Trip Tracker shall not be liable for a breach of the warranty set forth in Section 11(a) unless Customer gives written notice of the defective Services, reasonably described, to TA Trip Tracker within 10 days of the time when Customer discovers or ought to have discovered that the Services were defective.
    • Subject to Section 11(b), TA Trip Tracker shall, in its sole discretion, either:
      • repair or re-perform such Services (or the defective part); or
      • credit or refund the price of such Services at the pro rata contract rate.
    • THE REMEDIES SET FORTH IN SECTION 11(c) SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND TA TRIP TRACKER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 11(a).
19. Disclaimer of Warranties. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 11(a) ABOVE, TA TRIP TRACKER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
20. Limitation of Liability.
    • IN NO EVENT SHALL TA TRIP TRACKER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT TA TRIP TRACKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
    • IN NO EVENT SHALL TA TRIP TRACKER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED TWO TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO TA TRIP TRACKER PURSUANT TO THIS AGREEMENT.
    • The limitation of liability set forth in Section 13(b) above shall not apply to (i) liability resulting from TA Trip Tracker’s gross negligence or willful misconduct and (ii) death or bodily injury resulting from TA Trip Tracker’s negligent acts or omissions.
21. Termination. In addition to any remedies that may be provided under this Agreement, TA Trip Tracker may terminate this Agreement with immediate effect upon written notice to Customer, if Customer:
    • fails to pay any amount when due under this Agreement and such failure continues for 30 days after Customer’s receipt of written notice of nonpayment;
    • has not otherwise performed or complied with any of the terms of this Agreement, in whole or in part; or
    • becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.
22. Waiver. No waiver by TA Trip Tracker of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by TA Trip Tracker. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
23. Force Majeure. No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of Customer to make payments to TA Trip Tracker hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, or other catastrophe’s; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages, or slowdowns or other industrial disturbances; and (h) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 3 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 consecutive days following written notice given by it under this Section 16, the other party may thereafter terminate this Agreement upon 10 days’ written notice.
24. Risks and Safety. Travel to certain destinations may involve greater risk than others. TA Trip Tracker urges customers 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.
25. Currency Fluctuations. Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred.
26. Alterations to Confirmed Bookings. Should Customer decide to amend or change and previously confirmed arrangement, TA Trip Tracker will attempt to assist, but certain bookings may not be able to be changed.
27. Third Party Terms and Conditions. Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Customer agrees to abide by the terms and conditions of purchase imposed by TA Trip Tracker and any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. Customer understands that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in TA Tripe Tracker debiting your account for any costs they may incur as a result of such violation. Customer shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by TA Trip Tracker.
28. Travel Documents and Identifications. It is the responsibility of each Customer 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 at least two forms of acceptable identification in order to board a flight. 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. TA Trip Tracker 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 date of entry. Non-United States citizens may require additional documentation. Children and infants also require all such 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. The U.S. Customs and Border Protection Agency requires that for USA child groups under age 19 arriving by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader. Customer acknowledges any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Customer to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. Check each supplier’s website to ensure you and all members in your travel group or party obtain and carry travel documentation required. When you receive any and all travel documents, it is the sole responsibility of the customer to review and verify all information. Contact TA Trip Tracker immediately if changes or corrections are required.
29. Individual Entry and Exit Requirements. Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. TA Trip Tracker feels it is an invasion of privacy for any member of our staff to make such an inquiry. For example, if traveling to or through Canada, Americans with a Driving While Intoxicated (DWI) record should always check whether current rules exclude admission, and potential waivers.
30. Travel Insurance. TA TRIP TRACKER OFFERS ACCESS TO MANY OPTIONAL PRODUCTS AND SERVICES TO ENHANCE EVERY TRAVEL EXPERIENCE. OPTIONS SUCH AS TRAVEL INSURANCE PROTECT PASSENGERS AND THEIR INVESTMENT. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CUSTOMER’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, Customer understands and agrees that if Customer cancels or interrupts Customer’s travel for any reason, portions of the trip/tour may not be refunded and TA Trip Tracker’s and travel suppliers cancellation penalties will apply resulting in the loss of monies up to the full cost of Customer’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 TA Trip Tracker. Employees of TA Trip Tracker are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for travel insurance selected.
31. Alterations in Travel Plans. Alterations to the itinerary may be necessitated for any number of reasons, including but not limited to severe weather at the sole discretion of TA Trip Tracker and subject to supplier terms and conditions. If a property, supplier, activity, or area is deleted for any reason, it may be replaced with a comparable one.
32. Photographs and Videos. TA Trip Tracker reserves the right to use any photograph/video taken at any event or during any travel activity, without the express written permission of those included within the photograph/video. TA Trip Tracker may use the photograph/video in publications or other media material produced, used or contracted by TA Trip Tracker, including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc.
33. Compliance with Laws and Regulations. It is the responsibility of the Customer to follow and comply with all laws and regulations regarding air, ship, or train travel, as well as the laws of all countries visited.
34. Assignment. Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of TA Trip Tracker. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement.
35. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
36. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
37. Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of
38. Submission to Jurisdiction. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Georgia in each case located in the City of Macon and County of Bibb, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
39. Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice“) shall be in writing and addressed to the parties at the addresses set forth in the Order Confirmation or to such other addresses that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or email, or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
40. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
41. Amendment and Modification. This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.

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