This agreement contains the terms and conditions by which Fitzgerald Tours, LLC in consideration for a participant's payment, agrees to provide travel tours and any other products and services provided by us.  These terms and conditions (the “Agreement”) describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a customer. The terms “we,” “us,” and “our” refer to Fitzgerald Tours, LLC.  The terms “you” and “your” refers to the customer visiting our website, booking a reservation through us, or otherwise using our services


1.         Products and Providers

We sell and/or arrange for the sale of a variety of travel related products and services from different product providers and service providers worldwide (each a “Provider”).  Each individual Provider may have its own terms and conditions that may be applicable to your particular arrangements or purchases in addition to our terms and conditions.  It is your obligation to make sure you understand both our terms and conditions as well as those of any Provider.

Fitzgerald Tours, LLC acts as an “intermediary” or a “booking agent” for our Providers’ products and services that are not directly supplied by us (e.g., air carriage and ground transportation, hotel accommodations, meals, tours, cruises, etc.).  You understand that we are not a “co-vendor” of such products and services even if we receive compensation from such Provider. You will enter into a separate contract with such Provider in connection with such products and services that you purchase through our arrangement.

All airlines tickets are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a Provider or a governmental entity. You may be charged additional sums by us or a Provider to offset increased fees, fuel surcharges, taxes, and fluctuations in foreign exchange markets or any combination thereof.  Acceptance of these terms and conditions hereby indicates your consent for any post-purchase price increases and authorize us to charge you for such additional amounts upon notice to you.

2.         Deposits and Payment

Any deposits we accept from you are non-refundable unless otherwise noted by us in writing. Payment of a deposit enables us to hold a reservation for you but does not necessarily guarantee the price. The price can only be guaranteed once we receive full payment and all other travel documents have been issued or granted, subject to any particular terms and conditions of the Provider.  We will advise you of the exact date that your full payment is required and by making such payment you authorize us to make the final payment arrangements with such Provider.

Fitzgerald Tours, LLC accepts payment by check only. We reserve the right to refuse a personal check or cash as a method of payment.  All reservations made fourteen (14) calendar days’ or less prior to departure will be charged a $25.00 handling fee to cover costs associated with expedited processing of the booking as well as any such fees charged by any Provider.  After payment is made, all changes or alterations thereto are subject to a $25.00 handling fee per booking, plus any such Provider fees. Scheduled travel changes or cancelation fees may be up to 100% of the fare.  Some hotels, airlines, and other Providers do not allow name changes or other modifications.

3.         Documentation

Our general practice is to send documents to our customers electronically whenever possible. We reserve the right to charge a handling fee should you make a request for such documents to be sent as a hard copy.

4.         Cancellations and Changes

Where a change or cancelation is requested by you to your travel arrangements and such is permitted and possible with the Provider, our standard service fees will apply in addition to any additional Provider charges. You shall be responsible for all such fee and all Provider fees as a result of such change.  Your contract with your Providers may allow them to cancel or amend bookings. If we are your booking agent, we will ensure that you are promptly notified of any significant changes once we become aware of such change if there is time before your departure, but we shall not be liable for any changes or costs incurred that may result to you from such change.  Subject to the Provider’s terms and conditions, you will then have the choice of accepting the change travel arrangements, accepting an offer of alternative travel arrangements, if one is made available by the Provider, or canceling your booked arrangements and receiving any applicable refunds. We do not, in any way, guaranty that any refunds will be available and take to liability for the failure of any Provider to withhold a refund.  If the reason for your cancellation of any travel is covered under the terms of your travel insurance policy (if any), you may be able to reclaim your cancellation charges through your insurer.

Flights must be taken in the sequence they appear on your ticket or eticket confirmation. If you plan not to take a flight as booked, please contact the airline as far in advance as possible to discuss your options. If you do not check in on time for a confirmed reservation, the airline may register you as a "no-show" which could result in extra charges and/or your whole flight itinerary being cancelled and/or render your ticket void.

If you have booked a flight and we are alerted to a significant schedule change by your airline before you leave the United States, we will contact you by email at the address you provide to us to advise you of the change.  Please ensure that you have given us your correct email address and that you regularly check for email messages before you leave and, if possible, during your trip. We have no control over airline schedule changes and will not be liable for any costs which you might incur as a result of such changes.

After you have left the US, it is your responsibility to check with the airline Provider to ensure that your booked flights will occur as arranged. We strongly recommend that you contact your airline at least 72 hours before the scheduled departure of each flight to verify arrangements. Please note that for some airlines it is mandatory to confirm your travel arrangements with them.

We strongly recommend that you consider travel insurance in adequate amounts for the duration of your travel. Travel insurance may even be a mandatory part of some of your travel arrangements.

5.         Your Acceptance of these Terms and Conditions

By booking your arrangement with us or using our website, you are agreeing to be bound by the terms of this Agreement and any additional terms and conditions of any Provider that are applicable to your booking, travel arrangements or use of any website content. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to charge your account for any costs we incur as a result of your violation of this Agreement, including, but not limited in any way to reasonable attorneys’ fees, experts’ fees and costs. 

You represent and warrant that (a) you are of sufficient legal age to use our services and website and have the legal ability to create a binding legal obligation between us in connection with your use, (b) you are legally authorized to act on behalf of those you represent (if any) and accept these terms and conditions on their behalf as such authorized agent, and/or (c) the information supplied by you or members of your group (if applicable) is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those you represent (if any).

6.         Important Notice Regarding Airline Reservations

If you arrive at an airline ticket or passenger check-in counter with your confirmed ticket and find that the airline shows no reservation for you – do not leave the counter. Check your ticket. If the status box shows “OK” for the flight in question, the airline policies typically require them to accommodate you on that flight, or if that is not possible, they must either find you a substitute flight or pay you denied boarding compensation. If necessary ask to speak to a supervisor.

7.         If You Have A Complaint

If you have a problem during your travel, please inform the relevant Provider (e.g. your airline, hotel, etc.) immediately.  Should the Provider be unable to resolve the matter, please immediately contact us in the United States, either through the office where you made your arrangements, or through our web site.  If you do not timely contact us, we cannot investigate your complaint and possibly rectify the situation while you are away and your failure to timely report an issue may affect your rights under this Agreement.

8.         Travel Documents and Destinations

It is your responsibility to ensure that all of the details on your travel documents are correct and to immediately bring to our attention any errors or discrepancies. Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in the case of loss, theft, damage, etc. during travel.

Prior to booking international travel, we recommend that you review the U.S. Government’s websites for any prohibitions, warnings and advisories applicable to your destination(s). Travel to some countries requires a visa including, but not limited to Australia, Brazil, China, Egypt, India, Russia, & Turkey.  By offering travel to any particular destination, we do not represent that travel in such destination is safe and all travel contains inherent risks.  The following websites may be valuable to travelers:; Western Hemisphere Travel Initiative:; US State Department Travel Warnings:; US State Department Travel Alerts:; US Center for Disease Control for required vaccinations:; Visa information for US citizens:  This list is not a comprehensive list of reference sites and is provided solely for your convenience.  These sites are owned and operated by third parties who may alter the site’s web address and content at any time without notice.

You further agree that in connection with your activities, you will not permit the use of our services or website by anyone that resides or is staying in a country for which such use is prohibited under U.S. regulations including terrorism regulations.  No one on any “no fly” or otherwise banned lists shall be allowed to use our travel services.

It is your responsibility to fulfil passport, visa and other immigration requirements applicable to you’re the countries on your travel itinerary. You should confirm these with the relevant embassies and/or consulates for said countries and the U.S. Government. We shall not be responsible for any losses or damages for your inability to travel due to you failure to comply with any such governmental travel requirements.

U.S. Citizens should refer to the travel advice posted by the U.S. Department of State at for all the countries you intend to visit. Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary.

Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: paints, lighter fluid, fireworks, tear gases, oxygen bottles and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information review the information found at TSA’s prohibited items webpage at

When you fly to and from your destination the “Conditions of Carriage” apply, some of which limit or exclude liability. The Conditions of Carriage are available by requesting them in writing from the carrier or by request at the airport. Some airlines do not cover damage to soft-sided luggage. The airlines' maximum liability for loss, damage or delay to checked baggage is often limited to a certain dollar amount per ticketed passenger domestically and internationally. All lost or damaged luggage must be reported to an airline representative at the destination airport by the passenger before you leave the airport. Checked baggage taken from the terminal building at the destination will be considered to have been received in good condition and no claim for loss or damage will be accepted after baggage has been removed from the terminal. We do not accept liability for your luggage or personal property.

Many airlines and other carriers are now charging fees for your luggage. These fees are payable directly to the airline upon check-in. Please contact your airline/carrier for specific details.

9.         Use of our Services and Website

You agree you will only use our website or services to make legitimate reservations or purchases and shall not make speculative, false or fraudulent reservations or reservations in anticipation of demand. You will only use our website and services in compliance with applicable law and these Terms and Conditions.

Without our prior written permission, you may not (a) access, monitor or copy any content or information on our website using any “robot”, “spider” or other automated or manual device or program, (b) deep link to any portion of our website, or (c) “frame” or incorporate any portion of our website into any other website.

Our website may contain links to third party websites that we provide only as a convenience to you. You should take precautions to ensure that whatever links you access are free of viruses, worms, trojan horses or other destructive mechanisms. The existence of these links does not imply that we endorse such websites or any included content. We are not responsible for such websites or content or any data privacy practices of such websites.

10.       Indemnification

You agree to indemnify us and our affiliates, and any of our Providers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable attorneys’ and experts’ fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website. You understand and agree that we shall not be liable for any loss, injury, expense or damage to persons or property resulting, directly or indirectly, from the acts or omissions of these independent travel suppliers, including but not limited to delays, over bookings, cancellation of services, cessation of operations, accidents, failures of equipment, or changes in fares, itineraries or schedules. We cannot control and will not be responsible for bodily injury, property or other damage or loss caused by factors beyond our control, including but not limited to flight delays, airline turbulence, transportation accidents, war, terrorism, weather, quarantine, sickness, government restrictions, regulations or actions, terrorism, mechanical breakdowns, Acts of God, fires, earthquakes, floods, climatic aberrations, acts of civil unrest, strikes, riots, theft, disease, terrorism or accidents, or failures related to the public internet, telecommunications lines or facilities, or third party technology systems, other unforeseen circumstances, or any other cause beyond our control, or including your physical, medical or mental disabilities, your failure to obtain valid travel documents or your failure to follow travel instructions. Under no circumstances shall we be liable for any special, incidental or consequential damages arising from the foregoing.

11.       Privacy Policy

You consent to our processing and sharing of personal information about you and other members of your party that you have provided to us in accordance with the terms of and for the purposes set forth herein.

12.       Warranties, Disclaimers and Limitation of Liability

For the avoidance of doubt, references herein to “us,” “we,” and “our” shall refer to Fitzgerald Tours, LLC and our affiliates.  The information, software, products, and/or services provided by us, our affiliates, and/or our Providers from time to time, may possibly include inaccuracies or errors, including pricing errors. We do not, in any way, guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to such information that appears on our website. We expressly reserve the right, at our sole discretion, to correct any pricing errors quoted and/or on pending reservations made containing an incorrect price.  In the event of such inaccurate pricing, and if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without any penalty to you.

Any ratings or other Provider information listed for our Providers are intended only as general guidelines, and we do not guarantee the accuracy of any such ratings or other information. We do not guarantee the availability of specific products and services from any Provider. We do not make any representations about the suitability of the information, software, products, and services provided by us, or contained on our website, or provided by any Provider for any purpose whatsoever. The inclusion or offering of any products or services by any Provider by us does not constitute our endorsement or recommendation of such product or service or the Provider itself. All such information, software, products, and services are provided “AS IS,” “WHERE IS” without warranty of any kind with any and all faults.  We hereby disclaim all warranties that our website, its servers or any email sent from us or our Providers will be free of viruses or other harmful components. We hereby disclaim any and all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

The carriers, hotels and other Providers providing travel or other services are independent contractors and not agents or employees of us.  We are not and shall not be liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Providers or for any personal injuries, death, property damage, or other claims, damages, fees, penalties, or expenses resulting therefrom. We shall not have any liability for, hereby expressly disclaims, and will not make any refund in the event of any delay, cancellation, overbooking, strike, force majeure, negligence, or any other cause beyond our control, and we have no responsibility for any additional expense, omissions, delays, re-routing or any acts of any government or governmental authority.

In no event shall we be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way associated with, your access to, display of or use of our website or our services or with the delay or inability to access, display or use our website or any acts or omissions of any Provider whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

If, despite the limitation above, we are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then our liability will in no event exceed, in the aggregate, the greater of (a) the fees you pay or paid to us in connection with such travel transaction(s) or (b) one-hundred United States Dollars ($100.00 USD) or its local currency equivalent.

This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply following the completion and consummation of the transactions between us for a period of 21 years after the death of the last surviving heir of yours or the owners of Fitzgerald Tours, LLC as of the date of the sale of our services or a Providers' services arranged by us.

13.       Miscellaneous

We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and us or our Providers as a result of this Agreement or your use of our website.

We reserve the right at any time to modify this Agreement without prior notice to you. Please refer to our website from time to time to review the most current version of the Agreement. Your continued access or use of our website or services signifies your acceptance of the modifications to the Agreement. You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity.

This Agreement shall be governed by the laws of the State of Ohio without regard to its conflicts of laws principles. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the enforceability of the remaining provisions will not in any way be affected or impaired. The descriptive headings used in these terms and conditions are for convenience of reference only and shall not affect in any way their meaning or interpretation.  The parties expressly waive application of the United Nations Convention for the International Sale of Goods in those instances where it might otherwise apply. No change or waiver of any of these terms and conditions shall be valid unless in writing and signed by the party against whom the claimed change or waiver is sought to be enforced.  Any change or waiver by us shall require the signature of the managing member of Fitzgerald Tours, LLC.  No waiver by us of any breach of any term or condition hereof shall be deemed a waiver of any other breach.  No delay in enforcement of rights by us will be deemed a waiver, and our failure to object to any provision contained in any communication from you shall not be deemed an acceptance thereof or a waiver of any of these terms and conditions.

Log Out