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Terms & Conditions

Memoir Travel LLC

Tandy Besaw, Independent Travel Advisor

Email: tandy@memoir.travel

Phone: 970-333-1778

Effective Date: January 1, 2026

1. PARTIES AND ACCEPTANCE

These Terms and Conditions ("Terms") govern the relationship between Memoir Travel LLC, an independent travel advisor operating under a host agency ("Agency," "we," "us," "our"), and you, the person engaging our services ("Client," "you," "your").

By requesting a quote, consultation, itinerary, making a booking, submitting payment, or otherwise using our travel advisory services, you and all members of your traveling party agree to be bound by these Terms. If you do not agree to these Terms, do not use our services.

These Terms apply to all trips booked through Memoir Travel LLC, including but not limited to air travel, cruises, tours, hotels, vacation rentals, ground transportation, and travel experiences.

2. OUR ROLE AS INDEPENDENT TRAVEL ADVISOR

Agent Role

Memoir Travel LLC acts solely as an independent travel advisor and booking agent for third-party travel suppliers, including but not limited to airlines, cruise lines, tour operators, hotels, resorts, vacation rental companies, ground transportation providers, activity operators, and other travel service providers ("Suppliers").

No Ownership or Control

We do not own, operate, manage, or control any Supplier. We have no authority to bind Suppliers or to modify their policies. All travel bookings are subject entirely to the terms, conditions, rules, and policies established by each individual Supplier.

Host Agency Relationship

Memoir Travel LLC operates as an independent contractor under a host agency. The host agency is not a party to your agreement with us unless expressly stated otherwise and has no responsibility for our acts, omissions, advice, or services.

Disclaimer of Supplier Liability

We are not liable for any acts, errors, omissions, representations, warranties, breaches, or negligence of any Supplier, or for any personal injury, death, property damage, loss, accident, delay, cancellation, airline schedule changes, route modifications, baggage handling, accommodations quality, service failures, or inconvenience caused by any Supplier. All complaints or disputes regarding Supplier services should be directed to the Supplier directly.

3. CLIENT RESPONSIBILITIES

You agree to:

3.1 Provide Accurate Information

Provide complete, accurate, and current information for all members of your traveling party, including:

  • Legal names (exactly as they appear on valid government-issued identification)
  • Dates of birth
  • Passport numbers and expiration dates
  • Frequent flyer account numbers
  • Special requests and accessibility needs
  • Emergency contact information
  • Any health conditions or dietary restrictions relevant to your trip

Errors or omissions in this information may result in booking problems, additional costs, or inability to travel. You are solely responsible for the accuracy of information you provide.

3.2 Review and Verify All Documents

You must carefully review all itineraries, confirmations, invoices, travel documents, vouchers, and booking details provided by Memoir Travel LLC immediately upon receipt. You must notify us of any errors, discrepancies, or concerns within 24 hours. If you do not report errors within this timeframe, we may be unable to correct them, and you will be responsible for any resulting costs or complications. We are not liable for errors not reported within this window.

3.3 Comply with Entry Requirements

You are entirely responsible for:

  • Obtaining a valid passport (with at least 6 months validity beyond your travel dates)
  • Obtaining required visas and entry permits for all destinations
  • Meeting health and vaccination requirements (including COVID-19 requirements if applicable)
  • Understanding and complying with destination laws, customs regulations, and cultural norms
  • Checking travel advisories from the U.S. Department of State before traveling

Memoir Travel LLC strongly recommends consulting official government sources (www.state.gov, www.cdc.gov, and destination country embassy websites) for current entry requirements. Requirements change frequently and are your responsibility to verify.

3.4 Maintain Contact

Keep your contact information current and check email/phone regularly for important updates, confirmation requests, and deadline notifications. Missing a deadline due to failure to monitor communications may result in loss of bookings or additional costs.

3.5 Comply with Supplier Rules

You agree to comply with all Supplier terms, rules, policies, and instructions, including dress codes, behavioral expectations, safety guidelines, and cancellation/change policies. Violations may result in denial of service without refund.

4. PLANNING FEES, PAYMENTS, AND DEPOSITS

4.1 Service Fees

Memoir Travel LLC charges professional planning and consulting fees for services rendered. The specific fee structure will be quoted to you prior to booking and must be accepted in writing before we proceed.

Planning fees are earned when charged and are non-refundable, even if your trip is subsequently cancelled, postponed, or significantly changed for any reason. This is because planning fees compensate for our time, expertise, research, itinerary design, supplier coordination, and consultation services—value delivered regardless of whether the trip ultimately takes place.

4.2 Payment Terms

  • Initial deposits or full payment are due by the date specified in your quote or proposal.
  • Failure to pay by the deadline may result in cancellation of your reservation.
  • All payments should be made via the method specified in your invoice.
  • A booking is not confirmed until full payment (or the required deposit) is received.

4.3 Supplier Deposits and Final Payments

In addition to our planning fees, Suppliers require their own deposits and final payments on their own schedules. These are separate from and in addition to our fees. You will be informed of Supplier payment deadlines in writing.

4.4 Currency and Additional Costs

All prices quoted are in U.S. dollars. Exchange rates, fuel surcharges, taxes, government fees, and supplier assessments may increase the final cost of your trip. You will be notified of any significant increases before final payment is due.

4.5 Taxes and Government Fees

You are responsible for all applicable taxes, government fees, visa fees, and destination assessments. These are often added by Suppliers after an initial quote and will be passed on to you.

5. CANCELLATIONS, CHANGES, AND REFUNDS

5.1 Cancellation Policies

All cancellations, changes, and refunds are governed by the Supplier's cancellation policy, not Memoir Travel LLC's policy. Each Supplier has its own rules about when cancellations are permitted, when refunds are issued, and what penalties apply.

Common Supplier policies include:

  • Non-refundable bookings - no refund under any circumstance
  • Penalty-based - forfeit of a percentage (e.g., 25%, 50%, 100% of booking cost) depending on how close to travel date cancellation occurs
  • Airline policies - most airlines charge fees to change flights and offer no refunds for cancelled non-refundable fares
  • Cruise lines - typically charge per diem penalties the closer to sailing date

5.2 Our Fees Are Non-Refundable

Our planning and service fees are non-refundable regardless of whether you cancel, postpone, or modify your trip. This applies even if:

  • You decide not to travel
  • A Supplier refunds you
  • Your trip is cancelled by a Supplier due to force majeure
  • You change your dates or destination

5.3 Processing Changes and Cancellations

If you wish to make changes or cancel:

  1. Contact us immediately in writing
  2. We will submit your request to the Supplier
  3. The Supplier will determine whether the change/cancellation is permitted and what penalties apply
  4. Any refunds come directly from the Supplier, subject to their policies
  5. We will deduct our service fees and any Supplier-imposed change fees from any refund you receive

We are not responsible for delays in processing your request or for Supplier refusals to honor change/cancellation requests.

5.4 No-Show and Late Cancellations

If you fail to appear for your trip or cancel close to your departure date, Suppliers typically forfeit 100% of the booking cost. We cannot recover these funds on your behalf.

6. TRAVEL INSURANCE AND RISK ASSUMPTION

6.1 Travel Insurance Recommendation

We strongly recommend that you purchase comprehensive travel insurance that covers:

  • Trip cancellation and interruption
  • Medical emergencies while traveling
  • Baggage loss and delay
  • Evacuation and emergency assistance
  • Travel delay and missed connections
  • Pre-existing medical conditions (if applicable)

Travel insurance is typically inexpensive (2-5% of trip cost) and can protect your significant travel investment.

6.2 Insurance Availability

Memoir Travel LLC can provide information about travel insurance options and help you understand coverage. If you would like us to obtain quotes or recommend a provider, please let us know.

6.3 Assumption of Risk - Declining Insurance

If you choose not to purchase travel insurance, you acknowledge that:

  • You have been advised of its availability
  • You assume 100% of the financial risk of trip cancellation, delay, or medical emergency
  • You will not be able to recover any costs if something prevents you from traveling
  • Memoir Travel LLC is not responsible for your losses

6.4 Travel Risks

You acknowledge and accept that travel inherently involves risks, including but not limited to:

Health and Safety Risks: Illness, injury, or accident (COVID-19, influenza, food-borne illness, tropical diseases, altitude sickness, etc.); Medical emergencies in areas with limited healthcare facilities; Accidents related to activities (water sports, adventure activities, etc.)

Travel Logistics Risks: Airline schedule changes, cancellations, or diversions; Flight delays or missed connections; Baggage loss, damage, or delay; Overbooking of flights or accommodations; Hotel or venue changes or closures

Destination Risks: Natural disasters (earthquakes, hurricanes, flooding, volcanic activity); Severe weather (storms, extreme heat/cold); Political unrest, terrorism, civil disturbance, or war; Strikes by transportation or service workers; Pandemics and government-imposed travel restrictions

External Events: Government actions, including sudden border closures or visa denials; Supplier bankruptcies or business failures; Utility failures (power outages, water shortages); Accidents involving third-party operators or vendors

6.5 Assumption and Release

You voluntarily assume all risks associated with travel and agree that Memoir Travel LLC, Tandy Besaw, our host agency, and their respective owners, employees, and agents shall not be liable for any loss, damage, injury, illness, inconvenience, or expense resulting from any of these risks, whether foreseeable or unforeseeable. This includes situations beyond our control and situations caused by others.

7. LIABILITY LIMITATIONS AND DISCLAIMERS

7.1 Limitation of Liability

To the maximum extent permitted by Colorado law, Memoir Travel LLC's total liability for any claim arising out of or relating to these Terms, your use of our services, your trip, or any booking shall be limited to the amount of our service fees actually received from you for the services that gave rise to the claim.

This limitation applies to all claims, whether based on contract, tort, negligence, strict liability, or any other legal theory.

7.2 Exclusion of Consequential Damages

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost enjoyment of travel, emotional distress, or reputational harm, even if we have been advised of the possibility of such damages.

7.3 We Are Not Liable For:

  • Supplier acts, omissions, breaches, or negligence
  • Booking errors made by Suppliers or their systems
  • Schedule changes, cancellations, or route changes
  • Overbooking, baggage issues, or service failures by any Supplier
  • Delays, diversions, or cancellations due to weather, mechanical issues, or crew scheduling
  • Hotel or activity quality, cleanliness, or amenities
  • The accuracy or timeliness of travel documents or confirmations
  • Force majeure events (see Section 8)
  • Your failure to provide accurate information or comply with requirements
  • Your failure to obtain required visas, vaccinations, or documentation
  • Your violation of destination laws or customs regulations
  • Medical emergencies, accidents, or illness occurring during travel
  • Theft, loss, or damage to your belongings
  • Discrimination or poor treatment by Suppliers or third parties

Any claims related to these matters must be directed to the applicable Supplier, not to Memoir Travel LLC.

7.4 No Warranties

We provide our services "as is" without any warranty, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee:

  • That any specific price will be available
  • That any booking will be confirmed
  • That recommended trips will meet your expectations
  • That destinations are safe
  • That your travel experience will proceed as planned

8. FORCE MAJEURE

8.1 Force Majeure Definition

"Force majeure" means events or circumstances beyond the control of Memoir Travel LLC that prevent or materially delay performance, including but not limited to:

  • Natural disasters (earthquakes, hurricanes, floods, wildfires, volcanic eruptions)
  • Severe weather conditions
  • Pandemics, epidemics, or government-mandated public health measures
  • Wars, terrorism, civil unrest, or government actions
  • Strikes, labor disputes, or utility failures
  • Supplier bankruptcies or business failures
  • Government-imposed travel restrictions or border closures

8.2 Effect of Force Majeure

In the event of a force majeure event, Memoir Travel LLC:

  • Is released from its obligations to perform services
  • Is not liable for any delays, cancellations, or losses resulting from the event
  • Will make reasonable efforts to assist you in communicating with Suppliers regarding available options

8.3 Pandemics and Health Crises

If government authorities impose travel restrictions, lockdowns, or closures that prevent travel or require cancellation, all refunds and options are determined by the Supplier, not by Memoir Travel LLC. Our service fees remain non-refundable.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Memoir Travel LLC, Tandy Besaw, our host agency, and their respective owners, employees, representatives, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from:

  • Your violation of these Terms
  • Your acts or omissions
  • Any act or omission of any member of your traveling party
  • Your use or misuse of our services
  • Your breach of any Supplier's terms or policies
  • Any violation of law or regulation on your part
  • Your negligence or willful misconduct

10. CLIENT PRIVACY AND DATA USE

10.1 Use of Client Information

We collect and use your personal information (name, contact details, passport information, travel preferences, payment information) solely to:

  • Create and manage your bookings
  • Communicate with you about your trip
  • Comply with Supplier requirements
  • Process payments
  • Provide customer service

10.2 Sharing Information with Suppliers

Your information will be shared with travel Suppliers as necessary to complete your bookings. Suppliers have their own privacy policies, and you should review them.

10.3 Privacy Policy

For a complete explanation of how we collect, use, and protect your information, please review our separate Privacy Policy, available at tandy@memoir.travel or upon request.

10.4 Third-Party Privacy

We are not responsible for the privacy practices of Suppliers, booking platforms, or third-party websites. Review their privacy policies separately.

11. INTELLECTUAL PROPERTY

All content on Memoir Travel LLC's website, materials, itineraries, and communications including text, images, designs, logos, and branding are our intellectual property and protected by copyright and trademark law.

You may use materials for personal, non-commercial purposes only. You may not:

  • Copy, reproduce, or distribute our materials without written permission
  • Use our name, branding, or itineraries for commercial purposes
  • Post our content on your own website or social media without permission
  • Modify or create derivative works based on our content

Unauthorized use is prohibited and may result in legal action.

12. TRAVEL ADVISOR CONSULTATION AND ADVICE

12.1 Advice Basis

Our travel recommendations and advice are based on:

  • Industry knowledge and experience
  • Information from Suppliers
  • Client preferences communicated to us
  • General travel guidelines and resources

12.2 Limitations on Advice

We are not liable for:

  • Inaccurate or incomplete information from Suppliers
  • Changes in destination conditions or requirements after your booking
  • Your decision not to follow our recommendations
  • Third-party information or recommendations you receive elsewhere
  • Health or medical advice (we are not doctors)
  • Legal advice (we are not attorneys)

For medical, legal, visa, or vaccination questions, consult qualified professionals in those fields, not a travel advisor.

12.3 Consultation is Not Guarantee

Our consultation and recommendations do not guarantee that your trip will meet your expectations or proceed without issues.

13. COMMUNICATION AND CONTACT

13.1 How We Communicate

We communicate with clients via:

  • Email: tandy@memoir.travel
  • Phone: 970-333-1778
  • Mail and other methods as needed

13.2 Your Responsibility to Monitor

You are responsible for:

  • Checking email frequently for important updates and deadlines
  • Confirming receipt of time-sensitive communications
  • Notifying us immediately of any changes to your contact information
  • Following up if you do not receive expected communications

Missing a deadline or update due to failure to monitor communications may result in loss of bookings or additional costs, for which we are not liable.

13.3 Booking Deadlines

Suppliers set firm deadlines for deposits, final payments, and special requests. Missing these deadlines may result in automatic cancellation of your reservation with no refund. We will communicate deadlines clearly, but it is your responsibility to meet them.

14. MODIFICATIONS TO TERMS AND POLICIES

Memoir Travel LLC reserves the right to update, modify, or change these Terms and Conditions at any time. Changes are effective when posted to our website or communicated to you in writing.

For future bookings, you will be subject to the Terms in effect at the time you book. For existing bookings, the Terms in effect at the time of booking will continue to apply unless we notify you otherwise in writing.

By continuing to use our services after any modification, you accept the updated Terms.

15. CONDUCT AND ABUSE

We reserve the right to refuse service to or terminate the relationship with any client who:

  • Treats our staff disrespectfully or abusively
  • Makes threats or engages in discriminatory behavior
  • Violates any applicable law
  • Provides false or fraudulent information
  • Attempts to defraud us or a Supplier

If we decline to serve you or terminate a relationship, any service fees already paid are non-refundable.

16. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between you and Memoir Travel LLC regarding our services. Any prior discussions, emails, or agreements are superseded by these Terms.

Any modification to these Terms must be made in writing and signed by both parties. No verbal modifications are valid.

17. SEVERABILITY

If any provision of these Terms is found to be invalid, unenforceable, or illegal, that provision will be severed, and the remaining provisions will continue in full force and effect to the maximum extent permitted by law.

18. GOVERNING LAW AND DISPUTE RESOLUTION

18.1 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict-of-law rules.

18.2 Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms, your bookings, or our services shall be brought exclusively in the state or federal courts located in El Paso County, Colorado (Littleton is in El Paso County). You consent to the jurisdiction and venue of these courts and waive any objection to venue.

18.3 Informal Resolution

Before initiating any legal action, we encourage you to contact us directly to attempt to resolve any dispute informally:

  • Email: tandy@memoir.travel
  • Phone: 970-333-1778

Please provide a detailed description of the issue and what resolution you seek.

18.4 No Class Actions

Any claim you bring against us must be brought individually, not as part of a class action or class arbitration. You waive your right to participate in class actions against Memoir Travel LLC.

19. INDEPENDENT CONTRACTOR STATUS

Tandy Besaw, operating as Memoir Travel LLC, is an independent contractor, not an employee of any Supplier, travel platform, or host agency. Independent contractor status means:

  • We set our own rates and service terms
  • We maintain control over how we deliver services
  • We are responsible for our own taxes and business expenses
  • We can serve other clients and perform other work

20. CONTACT INFORMATION AND QUESTIONS

For questions about these Terms and Conditions, contact:

Memoir Travel LLC
Tandy Besaw
Email: tandy@memoir.travel
Phone: 970-333-1778
Location: Littleton, Colorado

We are happy to discuss any questions or concerns about our policies and services.

21. ACKNOWLEDGMENT

By booking with Memoir Travel LLC, accepting a quote, submitting payment, or otherwise using our services, you acknowledge that:

  • You have read and understood these Terms and Conditions
  • You agree to be bound by them
  • You have been advised to consult with a travel advisor, attorney, or appropriate professional regarding any legal or health-related questions
  • You assume all risks associated with travel as described in Section 6
  • You understand that our service fees are non-refundable
  • You understand that Suppliers' terms apply to your bookings

Last Updated: December 30, 2025

These Terms and Conditions are effective for all bookings made on or after January 1, 2026.

© 2026 Memoir Travel. All rights reserved.