TERMS AND CONDITIONS
Nova Vista provides luxury experiences to high-end travelers through expertly curated itineraries and exclusive partnerships.
Our expert travel advisors specialize in creating exclusive, luxury experiences designed just for you. Explore top destinations, indulge in local cuisine, enjoy private guided tours, and stay in luxurious accommodations with Nova Vista's personal travel concierge services and exclusive partnerships.
From creating custom itineraries to taking care of even the smallest of details, we specialize in providing our clients with an unforgettable travel experience.
These terms and conditions apply to your relationship with City & Starlight LLC dba Nova Vista, a North Carolina limited liability company (herein “Nova Vista,” “we,” “us,” “our”). In addition to these terms and conditions, our ground operators and other suppliers of travel products and services often have terms and conditions that will be provided upon receipt of any itineraries or engagement with them (collectively with our terms and conditions, the “Terms and Conditions”). It is the client’s (“you,” “your,” “traveler”, “client”) responsibility to read and understand all Terms and Conditions. If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms and Conditions with all travelers in their group. Before making a booking with us or paying any of our service fees, you must ensure that you have read and understood these Terms and Conditions (and ask any questions you may have). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses.
By paying your Travel Design & Management or other service fees, and any time after, you agree to the following:
You warrant and represent that (i) you are at least 18 years of age and possess the legal authority to enter into this agreement and to make travel bookings with Nova Vista, by any means, including our website, in accordance with all Terms and Conditions herein, and (ii) you are legally authorized to act on behalf of those you represent/your group and accept these Terms and Conditions on their behalf. Additionally, you agree to be financially responsible for all of your travel bookings (as well as for use of your account by others, including, without limitation, minors living with you) on behalf of all members of your group. You agree to supervise all usage of Nova Vista communications by minors under your name or account. You also warrant and represent that all information supplied by you or members of your group transacting business with Nova Vista is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited.
You agree that the travel services reservations facilities provided by Nova Vista, shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the Terms and Conditions of purchase imposed by Nova Vista and any supplier with whom you elect to deal, or with whom Nova Vista deals on your behalf, 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.
You understand that any violation of these Terms and Conditions (including without limitation 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 Nova Vista debiting your account for any costs Nova Vista incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through Nova Vista. Client authorizes Nova Vista to book on third party travel booking sites to fulfill client’s travel requests. Client ratifies Nova Vista’s actions on client’s behalf, including acceptance of such third party’s terms and conditions, which limit client’s rights, and client agrees to be bound by such actions. In the event of any inconsistency or ambiguity of terms, Nova Vista shall benefit from the most favorable term(s) in each instance.
Agency and Limitations of Responsibility and Disclosure:
Nova Vista is an independent affiliate of TRAVELLUSTRE, a proud member of Virtuoso®. As a travel consulting and concierge service, we work with suppliers (in-country ground operators, hotels, cruise lines, multi-line reps, hotel booking agents, tour operators) to provide our clients with the best service possible. As such, while the client works directly with us, any deposits or final payments are rendered to the supplier unless alternate arrangements have been made in advance. Nova Vista does not operate, control, or otherwise provide the services of the independent travel vendors. Each of these supplier companies is an independent entity with its own management, and is not subject to the control of Nova Vista. Client is advised that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those suppliers, and understands and agrees each supplier’s Terms and Conditions are contained in printed form and are set forth on their respective websites, which govern the transaction. The transportation, accommodations and other services provided by the identified sea, ground, and air operator suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective websites.
The suppliers are solely responsible for any travel products or services. The supplier’s terms, conditions and privacy policies apply to your booking so you must agree to and understand those terms. Your interaction with any supplier is at your own risk; Nova Vista does not bear any responsibility should anything go wrong with your booking or during your travel. Hence, as the traveler, you agree that Nova Vista acts only as agent for the traveler in acquiring transportation, hotel accommodations, cruises, sightseeing and other travel products, privileges or services for the travelers’ benefit, and on the express condition that Nova Vista shall not be responsible for any act, omission, negligence, bankruptcy, insolvency or default of any supplier, company or person engaged in or responsible for any travel products or services, or otherwise in connection therewith.
Nova Vista hereby disclaims any liability whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special consequential, incidental or indirect damages, in connection with the goods or services provided by any principal supplier booking through Nova Vista’s office or through this website, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligence, willful acts, omissions or otherwise of such supplier, or of any supplier or their respective employees, agents, servants, or representatives, including, without limitation, their failure to deliver or their partial or inadequate delivery of services, fuel increases, and other matters outside of Nova Vista’s control, and you hereby exonerate Nova Vista from any liability with respect to the same.
The Americans with Disabilities Act (“ADA”) is only applicable within the United States, and facilities for disabled individuals are limited outside its borders. A qualified and physically able companion must accompany travelers who need such assistance. Motorized scooters are unsuitable for many trips. Transportation services, including many tour motor coaches, are not equipped with wheelchair ramps.
Service Fees:
Nova Vista offers concierge level travel planning services. As such, we charge a customized professional, non-refundable Travel Design & Management Fee per trip. Nova Vista discusses this fee in our initial complimentary consultation call; any changes in parameters will necessitate an additional fee. This fee is collected prior to working on your itinerary and is not part of the cost of your reservations.
Travel Design & Management Fees start at a minimum of $325 and increase from there, as more particularly described via the downloadable document below:
The fees described with this document are subject to change at any time and are NON-REFUNDABLE unless otherwise expressly stated to you in writing by us. Each applicable fee is per trip and is not transferable to future travel plans. This non-refundable fee is invoiced following your initial consultation and discussion of your trip expectations. The fee covers the time spent researching, developing and revising a proposal to create your customized itinerary, booking and managing agreed upon trip components (hotel, airport transfers/car rental, excursions, flight and destination advice, etc.), our exclusive partner relationships and destination knowledge, plus support while traveling.
Service Packages:
The Jet-Setter
The Jet-Setter is our full-service offering, focused on pampering you like the VIP you are. All itineraries are customized to you and your traveling party, and every experience is unique. Allow us to care for you from inquiry to post-travel.
o Requires a minimum budget of $15,000*.
o Travel Design & Management Fee starts from $850 per trip.
The Globetrotter
The Globe Trotter is ideal for those who want to utilize our expertise, but perhaps do not require the full spectrum of our Jet-Setter offering. Here you may choose to book your own airfare or handle your own restaurant reservations while in-travel. Our pre-travel concierge services will be available to you, and anything not included in the service package is possible with an additional fee.
o Requires a minimum budget of $10,000*.
o Travel Design & Management Fee starts from $450 per trip.
The Vacationer
When your travel needs are modest or you’d like to have control over the smaller details, consider our Vacationer offering. The Vacationer is perfect for those needing assistance booking a cruise, an all-inclusive resort, or a single hotel stay. A select number of our premiere services are available at this level for an additional fee. Airfare booking is not included at this level.
o Requires a minimum budget of $5,000*.
o Travel Design & Management Fee starts from $325 per trip.
Travel Talk
Q&A style virtual meeting with a Travel Designer to discuss specific destinations, ask general questions about traveling, etc.
o $150 per hour (1 hour minimum)
o Included with Jet-Setter, Globetrotter, & Vacationer service packages.
*Minimum budgets do not include cost of airfare.
Additional Service Fees: Your Travel Design & Management fee covers the time involved for consultation for appropriate destination selection, price comparison for the air and land segments, private travel arrangements, preparing destination information and presentation, and the monitoring of your journey while you are traveling.
Air Booking and Management Fees: Any client wishing to have their airfare booked by Nova Vista, will be subject to the following booking and management fees, the rates for which are subject to change at any time, based on the following service packages:
The Jetsetter:
o One (1) set of round trip flights from U.S. destination to arrival / final destination is included per person.
o Additional intra-destination flights may be subject to a booking fee.
The Globetrotter:
o U.S. Domestic Round Trip Flight: $75 per person
o International Round Trip Flight to/from U.S.: $100 per person
o Additional intra-destination flights may be subject to a booking fee.
The Vacationer:
o Airfare booking is not included with this package. Some exceptions may apply and will be noted during consultation and subject to booking fees.
Non Commissionable Fees: In the case where the client requests Nova Vista to book a hotel, villa, service, tour, or any experience and/or stay where the travel partner chooses not to pay travel agents commission, there will be a fee added ranging from 10-15% of the fare at the discretion of Nova Vista.
Payments, Changes, and Cancellations: Final payment is due prior to departure according to each supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) terms and conditions involved in your travel booking. You will be alerted at the time of bookings of amounts and timing of all required payments. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. In some cases there is NO REFUND once a booking is made and paid for. Your right to a refund if you change or cancel your travel plans is limited. In addition, Nova Vista may charge, in its sole discretion, a cancellation fee of $250.00 per trip.
Change Fees: All changes and/or cancellations to an itinerary must be made in writing.
- Changes to vacation destination (i.e. decision to switch from Hawaii to Tahiti, or Iceland to Portugal) after Travel Design & Management fee has been paid post-consultation and proposal work has begun will result in the incurrence of a new planning fee based on trip parameters to create new destination proposal.
- A full trip reschedule will be subject to a fee of 20% of the original Travel Design & Management fee* for The Vacationer package, and 30% of the original Travel Design & Management fee for the Jet-Setter and Globetrotter packages.
- Separate airfare change fees may apply dependent on air booking source.
- Rescheduling of already booked/deposited individual trip elements such as properties, car rentals, or private transfers, etc. will incur a fee of $50 per change, per trip. This fee will also apply to changes of properties (hotels, villas, etc.) that are already booked/deposited.
- Requests for flight class upgrades: $25 per person, per upgrade
- Only applicable when original flights were booked by Nova Vista. Clients who purchase their own airfare will be responsible for all changes to their flight bookings.
Trip cancellations: Trip cancellations may, in Nova Vista’s sole discretion, result in a $250.00 per trip cancellation fee. In addition, trip planning fees from cancelled trips will not carry over to new, future trips, even if the destination is the same. As a result of a cancellation, Third Party supplier cancellation penalties will apply, which are detailed in your travel documentation, this website, and each of the supplier’s website. Cancellation penalties are advised at the time of booking and provided to you upon confirmation. All supplier fees are on top of any fees that the supplier levies. Nova Vista strongly recommends the client purchase travel insurance in case of any unforeseen event and will be asked to sign a waiver stating that insurance was offered, but declined, if not purchased through Nova Vista.
NO REFUND FOR UNUSED ARRANGEMENTS. As Nova Vista’s prices are often times based on contract rates, there will not be any refund for any unused portion of a travel booking. Some group tours are based on minimum numbers of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed or the tour cancelled.
Nova Vista will make every effort to honor the price as originally quoted, however, quote pricing is typically dynamic and cannot always be held for long periods of time or held at all, and under certain circumstances additional costs by a supplier or government may be imposed due to an increase in the cost for one or more of the travel components. Prior to full payment, prices including U.S. air transactions or air tours (in, to, or from the U.S.) could increase for certain travel services, including the following: a seat, carriage of passenger baggage, applicable fuel surcharge, or an increase in a government-imposed tax or fee. US air transaction or air tour prices will not increase after making full payment, except for charges resulting from government-imposed taxes or fees. Certain suppliers reserve the right to increase prices to cover increased costs, fuel surcharges, tariffs and taxes, and to reflect fluctuations in foreign exchange markets. client expressly acknowledges acceptance of these conditions applicable to purchase and authorizes Nova Vista to charge client’s credit card for such additional amounts. This consent applies to all travel arranged by Nova Vista for client, and may be revoked at any time with respect to future travel for which client has not yet made payment.
Prices and Currency Fluctuations: Prices are quoted in the home currency of the ground operator, tour operator, airline, cruise line, or hotel and all prices are current at time of quotation. We endeavor to provide an estimated US equivalent, however currency fluctuations occur and we are not responsible for any increase in price due to these.
All prices are subject to change until booked or ticketed. This includes, but is not limited to, airfare, hotels, cruises, tours, and transportation. Additionally, at any time prior to departure and during actual travel, travel suppliers and governments may add or introduce a new fee, tax and/or fuel surcharge and client agrees to pay for such change. Availability is also subject to change until booked or ticketed. Nova Vista is not responsible for price changes on behalf of the airline, hotel, cruise line, tour company, or car company, nor are we responsible for lack of availability when we have given a proposal and the client has not given us an answer in a timely manner.
Delivery of travel documents: We provide all of travel documents via email and mobile app. Should you want your documents mailed to you, you will be charged a $40 fee to include shipping and processing, per address being shipped to, within the U.S. only. All travel documents (cruise, tour, hotel, etc.) will be packaged and shipped to you via USPS Priority, FedEx, or UPS. Please advise us if you wish someone to sign for the documents when they arrive, otherwise they will ship with no signature required. Please check all documents when you receive them and call us if you have any questions.
Printed travel documents are optional at no additional cost for The Jet-Setter package.
Travel Management: Nova Vista is only responsible for the management of trip elements proposed and booked by Nova Vista. Any trip elements booked/purchased by the client must be managed by the client.
All trip elements booked by Nova Vista must be changed, amended, cancelled, etc. by Nova Vista. If the client takes it upon themselves to cancel elements of the trip that were booked by Nova Vista, they may forfeit management of those trip elements, as well as be subject to the change fees previously outlined.
Trip Component Pricing: When we provide clients with a full packaged itinerary that includes a variety of services including but not limited to hotels, tours, and transfers, from a ground operator (also called a “DMC” or “onsite”), client will receive a sum total package price. Our ground operators have contracted and proprietary rates with many of their own suppliers and, as such, the information is confidential. Thus, Nova Vista does not provide price breakdowns of the services provided.
Credit Cards: City & Starlight LLC dba Nova Vista, through our secure Customer Relationship Management (CRM) software, TravelJoy, ClientBase and/or TripSuite, processes all service fees, change fees, cancellation fees, and any other direct charges incurred, through our secure Customer Relationship Management (CRM) software, TravelJoy, ClientBase, and/or TripSuite. We accept all major credit cards. When booking your trip, we pay a supplier directly* and you may incur fees based on their terms and conditions. Some suppliers do not accept all credit cards.
You must provide to us an authorization for every transaction for your trip. Your authorization is an agreement for us and/or the supplier to charge your card and an acknowledgement and agreement to these Terms and Conditions including the cancellation terms. All bookings made via your credit or debit card may incur an additional 3.5% processing fee, in our sole discretion. Additionally, you agree not to make any improper chargebacks.
In certain cases, you can dispute charges with credit card companies ("chargebacks"). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Nova Vista retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
- Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
- Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card (this does not include credit card fraud).
- Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
- Chargebacks resulting from force majeure or other circumstances that are beyond the control of Nova Vista or any supplier.
- Chargebacks resulting because you do not agree with any part of these Terms and Conditions, including without limitation the cancellation policy.
*Some exceptions may apply and will be shared with client prior to purchase.
Airfare and Air Ticketing: At Nova Vista, the client has the option of booking their own airfare or enlisting Nova Vista to select and reserve airline reservations on their behalf, when applicable to selected service. Please see the Air Booking Fees outlined under Service Fees. In the event that the client makes their own air arrangements, it will be required that the flight information be provided to Nova Vista so that it can be included in the itinerary so that any other bookings can be made according to the flight schedule. Nova Vista shall not assume any responsibility for any air schedule changes for flights booked by the client. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Nova Vista can only assist in air travel and any issues that arise if it is booked though our air department.
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. Failure to use a reservation may result in automatic cancellation of all continuing and return flights, as well as forfeiture of airfares.
- E-tickets: We do not provide printed airline tickets.
- Schedules: Air schedules are subject to change any time prior to departure. We are not responsible for these changes. If the Nova Vista team books client flights, any changes due to airline schedules will be accommodated as best as possible. It is the customer’s responsibility to know the status of their flights and any changes.
- Frequent Flyer Awards and Upgrades: Nova Vista does not reserve, book, or issue frequent flyer award tickets or upgrades. You will need to contact the airline directly for these tickets.
Travel Insurance: Travel incurs risk, and it is the traveler’s responsibility to protect their purchases. We strongly encourage our clients to purchase travel insurance. Nova Vista works with well-respected travel insurance providers and we will provide you with a quote for travel insurance at time of proposal or deposit. Any and all questions must be directed to the insurance provider. It is client’s responsibility to understand all aspects of their own insurance policy. client acknowledges that Nova Vista provides the insurance quote as a service and is not an insurance agent. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CLIENT’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES.
Client is responsible for filing their own insurance claims. When necessary, Nova Vista will help to provide appropriate documentation needed for the claim. Nova Vista is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Nova Vista cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
If client is not willing to purchase travel insurance, client is required to sign a waiver acknowledging they have been informed of the options regarding travel insurance and are declining a policy. If client does not sign this waiver, Nova Vista reserves the right to cease travel planning without penalty.
Regardless of whether a waiver is signed, Nova Vista cannot be held responsible for denied entry if a traveler is unable to provide such details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel insurance protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate travel insurance coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
Force Majeure: There are some circumstances that are beyond our control. Nova Vista is not responsible for costs, liabilities, losses, damages, delays, or cancellations incurred or suffered due to disruptive events beyond our control, including but not limited to weather, terrorism, acts of God, war or threat of war declared or undeclared, sabotage, insurrection, strikes, civil disobedience, floods, fire, wind, sickness, global pandemic, quarantine, defects in machinery or vehicles, delay, wildlife, or other untoward occurrences.
Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of Nova Vista’s control. Volcanic eruptions, ash clouds, and wind may be characterized as an adverse weather condition or a natural disaster by suppliers and your travel insurance company, which is beyond the control of Nova Vista. Nova Vista reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary, and to refuse to accept or to retain as a member any person of any tour at any time. Nova Vista shall not assume any responsibility for any air and/or ground schedule changes.
Covid 19: Due to the recent Covid 19 situation, traveling may not be a normal experience. There may be restrictions at resorts, airports and airplanes. Staff shortages and Covid restrictions may impact your vacation experience. We are not liable if your experience is not what you would normally expect when traveling during a worldwide pandemic.
Passports, Visas, and Acceptable ID for TSA/DHS: Travel documents required are client’s responsibility – Valid Passports are required for international destinations. All travelers must present proper photo identification such as a passport, Real ID, or other government-issued document. Please visit https://www.tsa.gov/travel/security-screening/identification for more information. It is the responsibility of each client to be aware of, obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations as may be necessary for any travel services arranged by Nova Vista.
US passports must be valid for six months past the return date from the United States; some countries require that it is valid for longer. It is the responsibility of the client to ensure their passport meets the requirements for entry into a foreign country. Nova Vista is not responsible for fees incurred as a result of being detained or denied entry. Some countries require US citizens to apply for visas in advance of travel. We highly recommend not purchasing airfare until the visa has been secured, and we are not responsible for any airline tickets or fees incurred as a result of a visa not being approved. Passengers are responsible to ensure that they have all the proper documents for entry. When travelling 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.
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. For more information on this topic, visit https://help.cbp.gov/app/answers/detail/a_id/268/kw/travel. 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. 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. Check each supplier’s website to ensure you and all members in your travel group or party obtain and carry travel documentation required.
To ensure that all traveler information is correct, we require that our clients provide us with a copy of the traveler’s passports upon payment of the service fee and prior to booking any travel. We use passports to book airfare – where names must be spelled as they are on the identification – and to secure cruises, hotels, car rentals, and tours, as many companies require full names for all travelers. We also may need to input the passport issue date or expiration dates. If you insist that you know how your name is spelled on the identification and refuse to give us a copy of the passport, we will not book your itinerary until we have it. Nova Vista is not responsible for fees incurred as a result of names being misspelled or price changes while waiting for passport information. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to travel documentation.
Additionally, a visa and vaccinations may be required. Visit the USA State Department Web site https://travel.state.gov on a regular basis for information regarding incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States. Required or advised inoculations you decide to obtain upon the advice of your personal physician are your responsibility, may need to be administered in a series of doses months ahead of your planned departure, and such time element should be taken into account by you, when making deposits and/or nonrefundable final payments. Visit the Web sites of the USA Centers for Disease Control, www.cdc.gov; and the International Society of Travel Medicine, www.istm.org.
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 traveler to miss flight(s), and subsequent scheduled travel bookings trips. Nova Vista bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
Travel Health and Safety:
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Our suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify Nova Vista at the time of booking of the status and identity of their non-discounted, fully-paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
It is the client’s responsibility to understand the health and safety aspect of travelling. Please consult with your health care provider, health insurance company, and/or doctors if you have questions regarding your health or medical ability to travel. Any vaccines or other health requirements needed in order to travel must be obtained by the client at their own cost. Nova Vista is not liable for any costs incurred due to lack of vaccines or poor health.
Travel to certain destinations may involve greater risk than others. Nova Vista urges clients to remain informed on a daily basis as to current news, 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 conditions in various countries and the level of risk associated with travel to particular international destinations can be found at https://www.state.gov, https://www.tsa.gov, https://www.dot.gov, https://www.faa.gov, https://www.cdc.gov, and https://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, Nova Vista does not represent or warrant that travel to such points is advisable or without risk, and shall not be liable for costs, damages, or losses that may result from travel to such destinations. Decisions when and where to travel are made by the client alone. Client’s use of Nova Vista is made by the client alone. client’s use of Nova Vista services constitutes acceptance of such events at client’s own risk.
If you are pregnant or expecting at or around the time of your planned travels, please inform us prior to booking. Some suppliers will not permit travel past certain gestational periods for your safety and the safety of your child/ren. If you become pregnant after booking with us, please consult with a doctor and review the supplier terms and conditions as they relate to your booking to determine whether you will be permitted or prevented from traveling. If you are denied boarding embarkation, or access to a supplier due to a pregnancy, Nova Vista shall not be liable for any losses, expenses, or refunds resulting from such loss in access for you or anyone in your group.
ASSUMPTION OF RISK/WAIVER AND RELEASE OF NOVA VISTA
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 and in consideration of the services provided by Nova Vista, 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 of illness, injury or death and of the negligence of Nova Vista and agrees to and shall hold harmless and fully release Nova Vista, and its employees, shareholders, agents, and representatives (“Representatives”) from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of Nova Vista and/or its Representatives, and traveler hereby covenants not to sue Nova Vista and/or its Representatives for any such claims or join any lawsuit or action that is suing Nova Vista. This agreement also binds your heirs, legal representatives, and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.
INDEMNIFICATION
Each traveler is expected to act responsibly and adhere to all behavior guidelines established by Nova Vista, its Representatives and our local suppliers. Our Representatives and local suppliers reserve the right to remove you from any trip if you endanger yourself or others or disrupt others. In any such case, there will be no refund.
Traveler agrees to and shall indemnify and hold harmless Nova Vista and its Representatives from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Nova Vista or its Representatives (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of this Contract and (ii) any damage caused by traveler while participating in the trip. The terms of this INDEMNIFICATION paragraph shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.
AIR RESERVATIONS AND INSECTICIDE NOTICE
Your contract for airfare is with the carrier and subject to its terms and we will not be liable for any change fees or cancellation fees or other additional costs you incur with the air carrier, such as baggage fees or fees relating to seating arrangements. You are advised to personally to re-confirm your flight schedule within twenty-four (24) hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure. Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: https://www.transportation.gov/airconsumer/spray.
YOUR BEHAVIOR
Each traveler in any trip planned by Nova Vista is expected to act responsibly and adhere to all behavior guidelines established by Nova Vista and our suppliers. Nova Vista and all suppliers reserve the right to remove you from any facility, hotel or resort property, tour location or 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 we visit. In any such case, there will be no refund.
When you book with Nova Vista, 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 guest removed from a trip, or any portion of a trip. You agree not to hold Nova Vista 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.
PHOTOGRAPHIC/VIDEO LIKENESS. Traveler hereby gives consent and grants to Nova Vista 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. Each Traveler releases Nova Vista and its representatives from any liability in connection with any use of such photographs and/or video.
COMMUNICATIONS REGARDING YOUR TRIP
Any and all disputes between a customer and suppliers are solely between that customer and that supplier, and the customer and supplier should handle all such disputes directly with that customer or supplier. If the supplier or customer contacts us relating to any dispute between the customer or supplier, we may, in our sole discretion, facilitate dispute resolution and reserves the right to take any action that we deems appropriate under the circumstances.
Privacy Policy: At all times your information will be treated in accordance with Nova Vista’s Privacy Policy, which also includes the privacy policy of our consortia, Virtuoso, which is available here: https://www.virtuoso.com/Privacy-Policy, applies to your travel and is expressly incorporated herein by reference. Nova Vista is the sole owner of the information collected on its site. Nova Vista only has access to collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you regarding the reason you contacted us.
When you navigate our website, we automatically collect information about your interaction with the website. Information collected automatically may include usage details, IP addresses, browser type, access times, and information collected through cookies, web beacons, log files, tags, pixels, and other tracking technologies. Additionally, as you browse the website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the website, and information about how you interact with the website. You may refuse to accept cookies by activating the appropriate setting on your browser; however, if you select this setting you may be unable to access or use certain parts of the website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the website.
When you communicate with our agents (whether through social media, by phone, or by our website), you may provide, or we may collect from you, information to process your travel bookings. When you make a reservation for your minor child or someone else through our website, we will request personal information about that individual. As a parent or legal guardian of said minor child you hereby consent to providing us with their personal information. In the event you are making a reservation for someone else through our website, you should obtain the consent of said individual prior to providing us with their personal information. For example, we may collect your and/or your traveling companions’ first and last name, zip code, billing address, shipping address, phone number, payment card information or other payment information, travel preferences, birth date, redress number, and demographic information.
If you make use of any of our social media features on our website or otherwise through a social media provider, we may access information about you via that social media provider in accordance with their privacy policy. Calls to and from our customer service teams may be recorded or monitored for quality control purposes, to protect us in the event of a legal dispute and for staff training. Call recordings will be maintained consistent with this Privacy Policy. Any personal information obtained from you during the call will be treated in accordance with the provisions of this Privacy Policy. Any interactions you have with us through our website, such as chat, may be recorded and monitored for quality control purposes, to protect us in the event of a legal dispute, and for staff training. This information will be processed and maintained consistent with this Privacy Policy.
We employ third-party companies and individuals to administer and provide the website and travel-related products and services on our behalf (including, but not limited to, a cloud service provider and a third-party payment processor) who may need your information to provide website and/or services. We may share your Personal Information with business partners with whom we may jointly offer products or services, or whose products or services may be offered on our website. We share your Personal Information with third party services providers who provide data processing services to us (for example, to support the delivery of; provide functionality on; or help to enhance the security of our online services), or who otherwise process personal information for purposes such as credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. We may share your Personal Information with business partners with whom we may jointly offer products or services, or whose products or services may be offered on our website. We share your Personal Information with third party services providers who provide data processing services to us (for example, to support the delivery of; provide functionality on; or help to enhance the security of our Online Services), or who otherwise process personal information for purposes such as credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention.
Except as described in this Privacy Policy, we will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to purchase an airline ticket. We do not sell or otherwise share personal information about you. We share the personal information we obtain with third parties who perform services on our behalf, such as tour operators, cruise lines, airlines, hotels, etc. These third parties are not authorized by us to use or disclose the information except as is needed to perform their essential functions related to your travel products and services. Once a client books their travel with our third-party partners, client agrees to the privacy policies of the third party partner. It is the client’s responsibility to know the terms of each third party’s privacy policies.
We also may disclose information about you (i) if we are required to do so by law, regulation or legal process (such as a court order or subpoena), (ii) in response to requests by government agencies, such as law enforcement authorities, (iii) for the purpose of or in connection with legal proceedings, or otherwise for the purpose of establishing, exercising or defending our legal rights, or (iv) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).
We may use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. Please note that we do not have access to or control over cookies or other technologies these third parties may use to collect information about your interests, and the information practices of these third parties are not covered by this Privacy Policy. Some of these companies are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at
http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work
You can opt out of targeted advertising using the following links:
FACEBOOK: https://www.facebook.com/settings/?tab=ads
GOOGLE: https://www.google.com/settings/ads/anonymous
BING:https://advertise.bingads.microsoft.com/enus/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/. Note that if you choose not to receive tailored ads, you will still see online advertisements, but they will be more general and less relevant to you.
We may transfer the personal information we collect about you to recipients (including third party service providers) in countries other than the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to recipients in other countries (such as the U.S.), we will protect that information as described in this Privacy Policy and will comply with applicable legal requirements providing adequate protection for the transfer of personal information to recipients in countries other than the one in which you provided the information.
Certain browsers may offer you the option of providing notice to websites that you do not wish for your online activities to be tracked for preference-based advertising purposes (“DNT Notice”). Some browsers are, by default, set to provide a DNT Notice, whether or not that reflects your preference. Providing DNT Notice is often touted as a means to ensure that cookies, web beacons and similar technology are not used for preference-based advertising purposes – that is, to restrict the collection of information your online activities for advertising purposes. Unfortunately, given how preference-based advertising works, DNT Notices may not effectively accomplish this goal. For this and a variety of other reasons, with respect to our website, we do not alter our website’s data collection and use practices based on browser based DNT Notices. Our website does not respond to DNT Notices or similar signals. Rather, if you do not wish to participate in preference-based advertising activities, you should follow the opt-out process identified below.
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the control over your information and mechanisms to opt out as described in each of the sections above. In addition to those, if at any point you believe the Personal Information we hold about you is incorrect, you want us to correct or delete that information, or you no longer want us to hold that information or contact you, please let us know through the means indicated in the “Contact Us” section below.
If you are a European resident, you have the right to access Personal Information we hold about you and to ask that your Personal Information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the means indicated in the “Contact Us” section below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example, if you make a reservation or place an order through the website), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
Contact Us
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services or changes to this privacy policy. You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via email at hello@novavistatravel.com.
Notice to California Residents: If you are a California consumer, for more information about your privacy rights, please click here.
MISCELLANEOUS
These Terms and Conditions and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of North Carolina exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Wake County, North Carolina. You agree that you will only bring claims against Nova Vista in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Nova Vista shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Nova Vista unless you have first provided a typewritten notice of claim to Nova Vista within 30 days after the trip or cancellation of the trip, further provided that you agree to file suit within one (1) year of the incident and you acknowledge that this expressly limits the applicable statute of limitations to one (1) year.
Nova Vista reserves the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be delivered via email to all new clients at time of booking, and to past and present clients upon request, and are effective immediately on posting.
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. Failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the client and Nova Vista with respect to travel bookings made with Nova Vista by any means accessing such information, including its website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
