services agreement
terms and conditions
bespoke atlas, LLC (hereinafter “bespoke atlas”, “we”, “us”, “our”) is a travel planner that builds custom itineraries and provides travel consultations. As a company that hopes that all people can enjoy the amazing experiences that come with travel, we seek to remove the stress of planning so that you can focus on packing your bags and enjoying the journey. We are proud to bring our clients (hereinafter “traveler”, “you”) distinctive travel planning services.
CONTRACT. We draw your attention to the Terms and Conditions of travel below, these Terms and Conditions including all brochures, documents, correspondence and the terms and conditions of our suppliers form the basis of the contract with you. Before entering into a planning or consulting agreement with us 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 asking us to assist in creating a custom itinerary or consultation (“travel services”) you are accepting all the Terms and Conditions laid out below and acknowledging that you have read the Terms of this Contract and agree with it.
If we are providing services for 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 travel services. We will not be liable for a group leader’s failure to share these Terms and Conditions with all travelers in their group.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct.
VIOLATIONS BY YOU. You agree that any violation of any such Terms and Conditions may result in (a) the cancellation of your purchase, (b) your forfeiture of any monies paid for your purchase, and (c) your being denied access to the applicable travel related product or service.
CHANGES TO THESE TERMS AND CONDITIONS. bespoke atlas reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Upon making changes, we will notify you via the email address you provide to us. The current Terms will apply to your travel services. You must therefore be familiar with the terms in effect at the time you use our services. Your continued use of our services including continuing to use our services after notice of any changes to the Terms and conditions constitutes your consent to the changes.
SCOPE/AGENCY. bespoke atlas, LLC does not provide, own, or control the travel services and products that are recommended in our itineraries or consultation, such as flights, accommodations, rental cars, experiences, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled, or made available by third parties (the “Suppliers”) such as airlines, hotels, and tour operators. The Suppliers are responsible for the Travel Products. The Suppliers’ terms and privacy policies apply to any bookings you make based on itineraries or consultation, so you must agree to and understand those terms. Your interaction with any Supplier is at your own risk; bespoke atlas does not bear any responsibility should anything go wrong with any booking made based on itineraries or consultation or during your travel. Hence, as the traveler, you agree that bespoke atlas acts only as agent for the traveler in advising on transportation, hotel accommodations, sightseeing and other privileges, or services for the travelers’ benefit, and on the express condition that bespoke atlas shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith.
TRAVEL SERVICES/PAYMENT.
Custom Itinerary Experience. If you are ready to take the stress and worry out of travel, we can assist you by creating a customized Itinerary. bespoke atlas handles all the research and planning for your trip, and provides you – and those you’re traveling with – with a detailed itinerary that is tailor-made to suit your interests. This custom itinerary is designed to help you make the most of your travel experience and your time, without you having to spend more hours planning your trip than actually enjoying it. In addition to daily itineraries, we also include additional experience ideas, transit, and accommodation suggestions as well as other relevant travel tips to provide you with flexibility while on the go. To start the customized itinerary process simply click the “Get Started” button on our website. You can select an appointment time for a 45-minute consultation to discuss your wants, needs and desires about your next trip. Consultations are subject to availability and a live calendar is displayed on our website. Our consultation fee for this service is $50.00 and is due when you schedule the session. Because we are providing our expertise during this session, this fee is non-refundable, even if you choose not to move forward. If you do move forward, this fee will be applied to the total cost. The pricing of our itineraries is based on the number of days that we plan for you, and our by-day rates are available on our website. Following the consultation, you will receive an email with an invoice indicating the cost of creating your itinerary. After the consultation, if you are ready to move forward and allow us to prepare your customized itinerary, we will require a 50% deposit to begin work. Planning travel takes extensive time and research, as such this deposit is non-refundable. Upon receipt of the deposit, we will begin work on the customized itinerary. If you want to make changes after payment, we may charge an additional fee. Our customized itineraries take a minimum of ten (10) business days to complete and depends on the complexity of the trip you are seeking. We may be able to rush your itinerary for an additional fee. Once the customized itinerary is ready, you will receive an invoice for the remaining 50%. Once payment is received, we will review with you and deliver the final customized itinerary. This payment is also non-refundable, even if you choose not to use the customized itinerary, or do not like the recommendations. We do not provide any booking services. All bookings are your responsibility.
Prices and rate changes. The prices on your customized itinerary will be based on known costs at the date of issue of the itinerary. All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Additionally, prices may change from the time you receive the itinerary until the time you make your booking. Prices include a cost for fuel and local taxes that are estimated at the date of this publication. At the time of booking, prices may have changed. You are responsible for any price changes if and when you make a booking. We reserve the right to make changes to and correct errors in prices at any time.
Single Session Consultation. We offer one-time, 60-minute video or audio-only consultation sessions designed to help inspire your next adventure and give you time to question, explore, get excited and make decisions, all facilitated by a casual conversation with one of our travel experts. To schedule a consultation, simply start the process online by clicking the “Get Started” button. You can schedule your consultation on our live calendar system. Consultations are subject to calendar availability. Our consultation fee for this service is $160.00 and is due when we schedule the session. Because we are providing our expertise during this session, this fee is non-refundable, even if you choose not to use any of the information. Following the session, we will send a few destination-relevant links to help you take another step towards making your next best trip happen.
Single Session Consultation for Employees. This is an excellent tool to help inspire and encourage your employees to use paid time off. Travel reduces stress and encourages curiosity, which can increase employee productivity. Like the single session consultation, we offer one-time, 60-minute video or audio-only consultation sessions for your employees designed to help inspire their next adventure and give them time to question, explore, get excited and make decisions, all facilitated by a casual conversation with one of our travel experts. Please contact us to discuss rates, and session calendaring. Following the session, we will send up to 10 links to employees of websites relevant to their specific travel desires to help them take another step towards making their next best trip happen.
CREDIT CARD BOOKINGS. While we do accept major credit cards including Visa, Mastercard, American Express and Discover, travelers must provide to us a click authorization for every transaction for your travel services. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these terms and conditions including the cancellation terms. As such 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 contact 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, you accept and agree that all payments and fees are non-refundable. bespoke atlas retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Chargebacks are improper in the following instances:
You do not agree with our non-refundable fees and payments
You do not actually book travel based on our advice
FORCE MAJEURE. bespoke atlas assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by bespoke atlas that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you.
PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES. The nature of many destinations, means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be delighted to discuss trips that may be suitable.
It is essential that you advise us before a consultation if you do have any disability or pre-existing medical condition which may affect a 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 arrangements we suggest. We will use our best efforts to create a suitable itinerary. We cannot be responsible if ADA accommodations are not available if and when you make a booking. Please note that accommodations outside of your country of origin may not be in compliance with the legislation and standards of your own country and may not have wheelchair accessibility.
GOVERNING LAW/SUBMISSION TO JURISDICTION. JURY WAIVER/NOTICE OF CLAIM. This Agreement 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 Oregon exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Oregon, USA. You agree that you will only bring claims against bespoke atlas in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. bespoke atlas shall not in any case be liable for other than compensatory damages, and your payment of a consultation fee 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 bespoke atlas unless you have first provided a typewritten notice of claim to bespoke atlas within 30 days after any trip based on bespoke atlas’ travel services or cancellation of the trip.
IF YOU MAKE A BOOKING BASED ON OUR RECOMMENDATIONS THE FOLLOWING APPLIES:
COVID 19 RELEASE OF LIABILITY. By choosing to travel at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time we provide the travel services. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by bespoke atlas.
You acknowledge that due to the uncertainty of travel at this time, your travel, once booked by you, may be postponed, or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination or proof of negative testing. Stopover countries requirements will also apply. On your return home, additional testing, requirements, or documentation may be required. You are responsible for understanding these requirements and must not rely on bespoke atlas to provide these details. You understand that you may become sick before, during, or after any trip you book as a result of the travel services provided and may not be able to travel and such cancellation or interruption will be subject to the suppliers’ cancellation terms, for which we will not be liable.
You agree that due to uncertainty caused by COVID 19, bespoke atlas has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, bespoke atlas shall not be liable to any losses howsoever arising. bespoke atlas shall not be liable should travel protection not cover COVID related issues.
You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS bespoke atlas LLC, its members, officers, agents, and/or employees, suppliers (RELEASEES), of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
TRAVELER INFORMATION. Names provided to airlines must match travelers’ passport. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. 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 documentation.
CANCELLATION. Cancellation must be made to the suppliers responsible for providing the elements of your trip and NOT to bespoke atlas. You must follow all of the suppliers’ terms and conditions for cancellation, and therefore, you should request copies of the suppliers’ terms and conditions when you make any booking. All suppliers have their own cancellation policies, which apply to your booking. Any refunds will be subject to the suppliers’ terms and conditions. If you are entitled to a refund, please note that the supplier is responsible for this refund, not bespoke atlas. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency. Our fees and prices are always non-refundable.
If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage.
Airline tickets are governed by the air carriers’ terms and we are not responsible for any air carrier’s decision regarding refund.
NO REFUND FOR UNUSED ARRANGEMENTS. As bespoke atlas is only providing information on travel, there will not be any refund for any unused portion of a travel booking. If you cancel while your trip is in progress, we will not be liable.
TRAVEL PROTECTION. BESPOKE ATLAS DOES NOT OFFER TRAVEL PROTECTION PLANS. It is the traveler’s responsibility to protect their purchases. For this reason, Travel Protection Coverage including additional cancel for any reason coverage is strongly recommended. Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including cancel for any reason coverage must be purchased in close conjunction with your travel purchase.
bespoke atlas is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. bespoke atlas 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.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. bespoke atlas cannot be held responsible for denied entry if a traveler is unable to provide details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel 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 coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
DESTINATIONS AND DOCUMENTATION. Travel to certain destinations may involve greater risk than others. bespoke atlas urges Travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by their respective country’s Government prior to booking travel to international destinations. For the United States, information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, bespoke atlas will not be liable for damages or losses that result from travel to such destinations.
It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up-to-date requirements citizens should consult their consulate. bespoke atlas strongly recommends that you consider that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA 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 US citizens, when travelling domestically within the USA 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, found here: http://www.tsa.gov/traveler-information/acceptable-ids.
Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. For US-based Travelers, inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
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 tours. bespoke atlas 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.
INSECTICIDE NOTICE. 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 website, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
NON-RESPONSIBILITY. bespoke atlas, and its employees, shareholders, agents, and representatives recommend third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to any booking you make based on the travel services we provide. bespoke atlas is an independent contractor and is not an employee, agent, or representative of any of these suppliers. bespoke atlas does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your trip. All suppliers are independent contractors and are not agents or employees or representatives of bespoke atlas. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither bespoke atlas, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of bespoke atlas. bespoke atlas assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; bespoke atlas assumes no responsibility or liability for personal property; and bespoke atlas shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. bespoke atlas accepts no responsibility for lost or stolen items. bespoke atlas reserves the right to refuse any traveler or potential traveler at its sole discretion.
ASSUMPTION OF RISK/WAIVER. Traveler is aware that travel to certain areas may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, bespoke atlas and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Traveler understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of bespoke atlas and agrees to and shall hold harmless and fully release bespoke atlas, LLC its owners, members, agents and assigns (together bespoke atlas) from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of bespoke atlas and traveler hereby covenant not to sue bespoke atlas for any such claims or join any lawsuit or action that is suing bespoke atlas. 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 this Contract, whether by operation of law or otherwise.
INDEMNIFICATION. Each traveler is expected to act responsibly and adhere to all behavior guidelines established by local suppliers. Suppliers reserve the right to remove you from any trip if you endanger yourself or others or disrupt the general well-being of the trip itself. In any such case, there will be no refund.
Traveler agrees to and shall indemnify and hold harmless bespoke atlas, and each of our officers, directors, employees and agents (collectively “bespoke atlas”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by bespoke atlas (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 Agreement and (ii) Any damage caused by traveler while participating in a trip booked based on bespoke atlas’ itinerary or consultation.
BAGGAGE FEES. Due to continual changes in airline baggage policies, it is suggested that you inquire with your airline's website for up-to-date fees & information. bespoke atlas is NOT responsible for additional fees incurred for baggage or seating.
RE-CONFIRM YOUR FLIGHT. bespoke atlas advises you personally to re-confirm your flight schedule within 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.
ENTIRE AGREEMENT & SEVERABILITY: This agreement, including any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to bespoke atlas. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.