THE KATIYA EXPERIENCE, LLC

TERMS & CONDITIONS

LAST UPDATED SEPTEMBER 30, 2025

The Katiya Experience LLC, d/b/a The Katiya Experience (“The Katiya Experience,” “we,” “us,” “our”), a Florida limited liability company, is a full-service travel agency offering personalized travel services for our clients (“you,” “traveler,” “guest,” or “participant”).  With a commitment to personalized itinerary creation, group travel coordination, and curated experiences, we specialize in transforming travel dreams into unforgettable experiences. 

1. CONTRACT. We draw your attention to the terms and conditions of travel below. These terms and conditions, including all brochures, service agreements, documents, correspondence, and the terms and conditions of our suppliers, form the basis of the contract with you (collectively, “Terms and Conditions”). Before making a booking with us, you must ensure that you have read and understand these Terms and Conditions (raising any questions you may have with us). PLEASE BE AWARE THAT THESE TERMS AND CONDITIONS CONTAIN WAIVERS OF LIABILITY, WAIVER OF CLASS ACTION, AND VENUE SELECTION AND NOTICE CLAUSES. By asking us to confirm your booking, you are accepting all of the Terms and Conditions laid out herein and acknowledging that you have read the terms of this contract and agree with them.   

If you are making a booking as a family, couple, or are the lead guest of part of a group, you are responsible for sharing these Terms and Conditions with all travelers joining you and are financially responsible for the booking. We will not be liable for your failure to share these Terms and Conditions with all travelers in your family or group.

You represent and warrant that (a) you are of sufficient age to use our services and website, (b) you can create binding legal obligations in connection with your use, (c) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (d) the information supplied by you or members of your group is true and correct.

2. VIOLATIONS BY YOU. 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, and (c) your being denied access to the applicable travel-related product or service.

3. CHANGES TO THESE TERMS AND CONDITIONS. The Katiya Experience reserves the right, in our sole discretion, to change these Terms and Conditions at any time. If we make material changes that impact your booking with us, we will notify you. Please check frequently, especially before you make a booking, to see if these Terms and Conditions have changed. Your continued use of our services, including continuing to use or maintain any bookings after any changes to the Terms and Conditions, constitutes your consent to the changes.

4. BOOKING/PAYMENT.  When you are ready to start planning your next travel adventure, you can contact us by phone or by email at Katiya.Plummer@fora.travel. Together, we will discuss how we work and if we’re a good fit for your trip needs. We will present you with a custom quote and/or itinerary along with the deposit amounts, final payment dates, and cancellation policies of the supplier. The Client will also provide payment and personal travel details to The Katiya Experience. 

Please note that most bookings require a deposit at the time of booking based on the supplier’s booking policy. If booking is made within the final payment window the supplier provides, then full payment is due at the time of booking. Any changes after receipt of the final itinerary may incur a change fee in addition to any charges and fees of the supplier. Deposits are typically NON-REFUNDABLE, unless stated otherwise in the terms and conditions of the Supplier. Pricing and availability are dynamic and are subject to change until the deposit has been made by the traveler. 

Please note the suppliers’ individual payment deadlines and cancellation policies. You must make all payments in full and on time as required by the supplier. If full payment is not received by the due date on your invoice, we reserve the right to cancel your travel and apply the cancellation charges set out in the cancellation section below. Failure to make a payment may result in the cancellation of your travel. In such a case, this would be considered a cancellation by you, and the cancellation terms and fees as described below would be in effect. Traveler understands that discounted fares typically involve restrictions and that changing any aspect of the travel arrangements may result in the payment of additional money.

Approximately two weeks prior to your trip, we will present you with your itinerary containing a summary of all travel confirmations, confirmed pricing, and destination information. Certain suppliers may provide additional information (including on-site contacts) and updates closer in time to your time of travel. If that is the case, we will update your itinerary with the new information.

Please review all documents, including the cancellation policies and terms and conditions of the Suppliers, carefully and promptly, as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us within 24 hours of any corrections.    

5. PLANNING FEE. Although our work on your travel experience begins when you agree to book with us, the planning process begins long before that. We dedicate our time to travel agent education, supplier relationship building, and networking to provide our clients with travel options. Our proposals often take many hours of planning, researching, and communicating with Suppliers to confirm the custom details for your travel plans. To compensate for our experience, time, and effort, we may charge a planning fee that varies depending on the type of booking, travel group, length of stay, destination(s), number of travelers in the group, and the extent of planning involved. After our initial discovery call, we will provide the planning fee invoice for immediate payment, if applicable. You agree to full payment of our planning fee prior to receipt of any proposal. Our planning fees are always non-refundable, regardless of whether you choose to book with us. 

6. SCOPE/AGENCY. The Katiya Experience does not provide, own, manage, operate, supervise, or control the travel services and products that are or may be provided as part of your trip, including, but not limited to, flights, accommodations, cruises, tours and excursions, rental cars, packages, or travel insurance (the “Travel Products”). All Travel Products are owned, controlled, operated, or made available by vetted, independent third parties, such as destination management companies, airlines, hotels, cruise lines, and tour operators (the “Supplier(s)”). The Suppliers are solely responsible for the Travel Products as well as any and all benefits, perks, or amenities, including, without limitation, resort credits, on-board credits, free specialty dining, spa credits, in-room amenities, etc. The Supplier’s terms, conditions, and privacy policies apply to your booking, so by booking with us, you agree to and understand all Supplier’s terms and conditions and privacy policies. Your interaction with any Supplier is at your own risk; The Katiya Experience does not bear any responsibility should anything go wrong with your booking or during your travel. 

TRAVELER FURTHER AGREES THAT THE KATIYA EXPERIENCE SHALL NOT BE LIABLE FOR ANY INJURY TO PERSON OR PROPERTY, OR ANY OTHER LIABILITY WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, DIRECT, OR INCIDENTAL DAMAGES IN CONNECTION WITH THE TRAVEL PRODUCTS OR SERVICES BOOKED WITH ANY SUPPLIER THROUGH THE KATIYA EXPERIENCE. THE KATIYA EXPERIENCE SHALL NOT BE LIABLE FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, OR DELAY WHICH MAY OCCUR DUE TO THE FAULT, WILLFUL ACTS OR OMISSIONS, NEGLIGENCE, OR OTHERWISE OF ANY SUPPLIER AND/OR ITS RESPECTIVE EMPLOYEES, CONTRACTORS, MANAGERS, OWNERS, AGENTS, OR OPERATORS. 

7. AIR RESERVATIONS. Your contract for airfare is with the carrier and is subject to its terms. We are not liable for any change fees or cancellation fees, or other additional costs (including, but not limited to, baggage fees, seat assignment fees, etc.) you incur with the air carrier. Should you wish to have The Katiya Experience book your airfare, you understand and accept that in doing so, some air carriers will not deal directly with you, including at ticketing counters for changes to your tickets, by phone, or any other means in which you would typically have full access to the air carrier’s personnel.  

8. TRAVELER INFORMATION. Names provided to secure reservations must match travelers’ respective passports and government-issued identification. 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. 

9. CREDIT CARD BOOKINGS. While most Suppliers do accept major credit cards, including Visa, Mastercard, American Express, and Discover, travelers must provide to us with a signed authorization for every transaction for their travel. 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 have the ability to 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 to make a reservation, you accept and agree to our cancellation policy. The Katiya Experience 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 The Katiya Experience or the Supplier.

• Chargebacks resulting because you do not agree with the cancellation policy.

• Chargebacks resulting from an experience where you were not satisfied with the services/products provided by the travel Supplier.

• Chargebacks resulting because you were not provided with an itemized breakdown of costs in connection with your trip

10. PRICE AND RATE CHANGES.  The price listed on your proposal, itinerary, or on our website is based on known costs at the date of issue of the proposal, itinerary, or posting to our website.  All prices we advertise are accurate on the date published, but the prices and availability are subject to change until payment has been made. Prices include a cost for local taxes that are estimated at the date of publication. At the time of booking confirmation, we will provide you with an authorization or invoice reflecting the current price and particular inclusions.  

We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase, until we receive your final payment. Any increase in your travel price will be as a result of changes in our costs of supplying your travel, resulting from changes by our Suppliers, dues, or taxes payable locally, currency fluctuations, fuel costs, airport charges, port fees, tariffs, and government actions. If our costs to supply your travel increase, we reserve the right to increase the price of your travel and will forward a new Invoice reflecting any changes made. After final payment, your price is locked in.

We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware and of the applicable price at the time of booking.

11. CHANGES & CANCELLATIONS BY TRAVELER. 

Changes by Traveler

Some Suppliers consider changes to be canceled services, and additional cancellation penalties may apply. For certain travel bookings, we may charge a change fee. Changes are subject to additional charges from the supplier based on availability and may incur additional fees. Changes are subject to the supplier’s terms and conditions.

Cancellations by Traveler

Cancellation of travel must be made in writing and is effective within 1 business day from when we receive the written notification. Suppliers have their own cancellation policies, which apply to your booking. In addition to any cancellation charges of the supplier, Katiya may charge a cancellation fee. Upon receipt of your cancellation request, we will contact the Suppliers for any applicable refunds, 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 The Katiya Experience. Suppliers may choose to provide a travel voucher or credit in lieu of a refund. We are not responsible under any circumstances for a Supplier’s failure to pay a refund, or for Supplier bankruptcy or insolvency. 

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 carriers’ decision regarding refunds. Cancellation policies for cruises vary by cruise line. You will be advised of their cancellation policy at the time of booking and in your booking confirmation. If you are ever curious about the Supplier’s cancellation policies, please be sure to inquire with us prior to booking any itinerary with us. 

12. CHANGES AND CANCELLATION BY THE SUPPLIER. We will inform you as soon as reasonably possible if a Supplier needs to make a significant change to your confirmed booking or cancel it. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier, but we will have no further liability to you. 

If between planning time and/or during actual travel, circumstances require changes, The Katiya Experience and its Suppliers, reserve the right to cancel or vary any itinerary and substitute components of any travel plans, including but not limited to hotels and accommodations of comparable quality, in the event of air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers traveling. During local or national holidays or special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. The Katiya Experience cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the traveler. Normal cancellation penalties still apply to the booked travel plans that have been changed. 

13. NO REFUND FOR UNUSED ARRANGEMENTS.  As The Katiya Experience’ prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the trip is in progress, there is no refund for the unused portion.

14. FORCE MAJEURE. The Katiya Experience 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: natural disasters, fire, volcanic eruption, 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, technology outages or disruptions, changes of schedules or operational decisions of air carriers, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government 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 Supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by The Katiya Experience 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, although if (and only if) we can recover any monies from our Suppliers, we will refund these to you without any charge by The Katiya Experience. 

15. TRAVEL PROTECTION INSURANCE. It is the traveler’s responsibility to protect their purchases. For this reason, travel protection coverage including additional “cancel for any reason” coverage (or something similar) is strongly recommended. Such plans should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage insurance. Travel protection plans can help protect you in the event of loss of non-refundable 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, should be purchased in close conjunction with your travel purchase. The Katiya Experience is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. The Katiya Experience 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. The Katiya Experience cannot be held responsible for denied entry if a traveler is unable to provide such details to the 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. 

16. DESTINATIONS AND DOCUMENTATION. Travel to certain destinations may involve greater risk than others. The Katiya Experience 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 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 http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with 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. It is your responsibility to be aware of any and all requirements for admittance to a country or state. Should you choose to travel to a country that has been issued a travel warning or advisory, The Katiya Experience 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 US citizens should visit www.travel.state.gov. 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. Air travelers with identification that does not meet the REAL ID Act requirements will have to use alternative forms of ID (passport, military ID, or permanent resident card) to pass through TSA security check-points- even for domestic travel. Visas are required when they apply. You can find out if your international destination requires a visa at: https://www.usa.gov/visas-citizens-traveling-abroad. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report errors and/or omissions to documentation. The Katiya Experience strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-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. Please visit www.travel.state.gov or https://www.dhs.gov/real-id for the most updated requirements for travel documentation. 

Certain countries restrict travelers with criminal convictions, even if expunged. Please inform us prior to booking with us if this applies to you and seek separate legal counsel to confirm your ability to travel to your desired destination. If you are denied access to a country or a Supplier due to a conviction or criminal record, The Katiya Experience shall not be liable for any losses, expenses, or refunds to you, or anyone in your group.

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 travel. 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.  The Katiya Experience 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 travel plans related to improper documentation or government decisions about entry.

17. 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 Web site, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.

18. HAZARDOUS MATERIALS. Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, and radioactive materials. Examples include Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radioactive materials. 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 contact your airline representative. Restrictions on hazardous materials and other prohibited items are listed at: http://www.tsa.gov/traveler-information/prohibited-items. 

19. NON-RESPONSIBILITY. The Katiya Experience, its employees, managers, members, affiliates, agents, and representatives (“Representatives”) use third party Suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to your travel plans. The Katiya Experience is an independent contractor and is not an employee, agent, or representative of any of these Suppliers. The Katiya Experience 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 travel plans. All Suppliers are independent contractors and are not agents or employees or representatives of The Katiya Experience. 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 The Katiya Experience, nor its Representatives are or may be liable for any loss, injury, or damage to any 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 The Katiya Experience or its Representatives. The Katiya Experience and its Representatives assume 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; The Katiya Experience and its Representatives assume no responsibility or liability for personal property; and The Katiya Experience and its Representatives 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. The Katiya Experience and its Representatives accept no responsibility for lost or stolen items. The Katiya Experience and its Representatives does not guarantee and is in no way responsible for the demographics, behavior or special interests of the other travelers, including cruise groups, conventions, conferences, groups that traveler will encounter while traveling. The Katiya Experience and its Representatives reserve the right to refuse services to any traveler or potential traveler at its sole discretion. Additionally, The Katiya Experience reserves the right to discontinue their agency relationship to traveler with written notice to client, with or without cause. 

20. ASSUMPTION OF RISK/WAIVER.  The travel that you are undertaking is connection with your trip inherently involves risks, some in remote areas of the world.  Inherent risks include, but are not limited to, risk of injury or death from: motor vehicle collisions, skiing accidents, drowning, 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; exposure to inherent risks in riding on theme park attractions;  your own negligence and/or the negligence of others, including tour guides, other travelers; 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 booked travel, 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 THE KATIYA EXPERIENCE AND AGREES TO AND SHALL HOLD HARMLESS AND FULLY RELEASE THE KATIYA EXPERIENCE, AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS ASSOCIATED WITH YOUR TRAVEL, INCLUDING ANY CLAIMS OF THIRD PARTY NEGLIGENCE AND/OR THE NEGLIGENCE OF THE KATIYA EXPERIENCE AND/OR ITS REPRESENTATIVES, AND TRAVELER HEREBY COVENANTS NOT TO SUE THE KATIYA EXPERIENCE AND/OR ITS REPRESENTATIVES FOR ANY SUCH CLAIMS OR JOIN ANY LAWSUIT OR ACTION THAT IS SUING THE KATIYA EXPERIENCE. 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 AGREED UPON TERMS AND CONDITIONS, WHETHER BY OPERATION OF LAW OR OTHERWISE.

21. INDEMNIFICATION. Traveler agrees to and shall indemnify and hold harmless The Katiya Experience and its Representatives from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by The Katiya Experience 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 any tour or travel. 

22. YOUR BEHAVIOR. You and anyone traveling with you on any trip planned by The Katiya Experience are expected to act responsibly and adhere to all behavior guidelines established by the Suppliers. 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 you visit. In any such case, there will be no refund. When you book with The Katiya Experience you accept responsibility for any damage or loss caused by you or anyone traveling with you. 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 The Katiya Experience 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.

23. 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. The Katiya Experience is NOT responsible for additional fees incurred for baggage or seating. 

24. RE-CONFIRM YOUR FLIGHT. The Katiya Experience 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.

25. HEALTH/PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES. It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your travel plans, 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. The Katiya Experience will communicate requests to Suppliers but cannot be responsible if Americans with Disabilities Act “ADA” accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the ADA and may not have wheelchair accessibility.

Unfortunately, our suppliers are unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whomever the traveler is traveling with. Travelers with disabilities must notify The Katiya Experience at the time of booking of status and of the identity of their non-discounted, 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. 

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, travel product, or service due to pregnancy, The Katiya Experience shall not be liable for any losses, expenses, or refunds resulting from such loss in access for you or anyone you travel with. 

26. PHOTOGRAPHIC & VIDEO LIKENESS & FEEDBACK. Traveler hereby gives consent and grants to The Katiya Experience a royalty-free, perpetual, and irrevocable license to publish any photographs and videos of the tour, trip, or traveler in printed or electronic media that is provided to The Katiya Experience or in which The Katiya Experience is tagged or identified on any social media platform or application without obtaining further consent and without compensation. Traveler releases The Katiya Experience and its representatives from any liability in connection with any use of such photographs and/or video.

27. CLASS ACTION WAIVER & LIMITATION OF DAMAGES. YOU AGREE THAT YOU WILL ONLY BRING CLAIMS AGAINST THE KATIYA EXPERIENCE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE KATIYA EXPERIENCE SHALL NOT IN ANY CASE BE LIABLE FOR OTHER THAN COMPENSATORY DAMAGES, AND YOUR PAYMENT OF A DEPOSIT ON TRAVEL, A TRIP, OR A TOUR MEANS THAT YOU AGREE TO THESE CONDITIONS OF SALE AND EXPRESSLY WAIVE ANY RIGHT TO PUNITIVE DAMAGES. YOU FURTHER AGREE THAT ANY RECOVERY YOU DO RECEIVE SHALL BE SOLELY LIMITED TO THE AMOUNT THE KATIYA EXPERIENCE EARNED IN COMMISSION AND/OR FEES FROM YOUR BOOKING. 

28. JURY WAIVER & NOTICE OF CLAIM OR INTENTION TO COMMENCE ACTION. YOU HEREBY AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT NO CLAIMS WILL BE CONSIDERED AND THAT YOU WILL NOT BRING SUIT AGAINST THE KATIYA EXPERIENCE UNLESS YOU HAVE FIRST PROVIDED A TYPEWRITTEN NOTICE OF CLAIM TO THE KATIYA EXPERIENCE AT KATIYA.PLUMMER@FORA.TRAVEL WITHIN 30 DAYS AFTER THE TRAVEL BOOKED WITH THE KATIYA EXPERIENCE OR CANCELLATION OF THE TRAVEL BOOKING.

29. GOVERNING LAW & VENUE. 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 Florida exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in the State of Florida.

30. ELECTRONIC COMMUNICATIONS. You have a committed team by your side every step of the way. From check-in to check-out, you will have direct access to The Katiya Experience team for us to handle any emergencies that you may need assistance with while you are traveling. You can expect us to check in with you via email and/ or text message before and after your travel or tour to ensure everything runs smoothly. You consent to receive electronic communications, and you agree that all documents, notices, disclosures, and other communications that we provide to you electronically, via email, or through text, satisfy any legal requirement that such communications be in writing. 

31. ENTIRE AGREEMENT & SEVERABILITY: These Terms and Conditions, including any other documents, itineraries, and invoices we provide you, constitute our entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to The Katiya Experience. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Failure by us to exercise or enforce any right or provision of these legally binding 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. The provisions of these Terms and Conditions, which by their nature extend beyond termination or expiration of these Terms and Conditions (whether by operation of law or otherwise) shall survive the expiration or termination of these Terms and Conditions to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate.

These Terms and Conditions shall be written in, and all other communication under or in connection with these Terms and Conditions shall be in the English language. Any translation into any other language shall not be an official version thereof, and in the event of any conflict in the interpretation between the English version and such translation, the English version shall control. Any ambiguities in the interpretation of these Terms and Conditions, which by their nature extend beyond termination or expiration of these Terms and Conditions (whether by operation of law or otherwise) shall survive the expiration or termination of these Terms and Conditions to the full extent necessary for their enforcement and for the protection of the party whose favor they operate

The Katiya Experience, LLC, d/b/a The Katiya Experience is an independent affiliate of Fora Travel, a Virtuoso® Member. 

State of Florida Seller of Travel License #ST43973