Cook Travel Terms and Conditions
Welcome to the CookTravel.net website.
The terms “we”, “us”, “our”, “Cook”, and the “Company” refer to Cook Travel., a New York corporation. The term “you” or “your” refers to the customer visiting the Website and/or purchasing travel products from us or through us. The term “Suppliers” means third-party travel partners including, without limitation, air carriers, ticket consolidators, and any other companies that provide travel services or products to Cook Travel or through Cook Travel.
We recommend you print out a copy of these Terms for future reference.
OTHER TERMS AND CONDITIONS MAY APPLY TO YOUR RESERVATIONS, BOOKINGS AND PURCHASES OF TRAVEL PRODUCTS AND/OR SERVICES THROUGH US OR FROM US. YOU MUST OBSERVE THOSE OTHER TERMS AND CONDITIONS, AS WELL AS THESE TERMS.
By electronically signing a ticket offer emailed to you, you represent that you are over 18 years of age and you accept that the total price quoted to you at the time of booking is valid, including all applicable taxes, surcharges, and fees, and you agree to pay for that valid charge on the credit / debit card account number that you supply to us. After you purchase an airline ticket(s) from us and select the “Accept” button, all airline ticket(s) and all service fees sold or issued by us or through us are FINAL, NOT REFUNDABLE, NOT TRANSFERABLE, and CANNOT BE MODIFIED, and you are fully responsible to Cook Travel for the full cost of the airline ticket(s), and credit / debit card and any subsequent charge(s) on your credit / debit card, which you may incur as provided in these Terms. By agreeing to purchase an airline ticket(s) through us or from us, you accept that the total charge emailed to you is valid, as well as any subsequent charges imposed as provided in these Terms. You, therefore, agree that by purchasing products and/or services from us or through us, and using our Website, you agree to not challenge, decline, reject, or dispute any amount charged on your credit card as a result of your purchase of travel products and / or services from Cook Travel or through Cook Travel, and that your sole recourse against Cook Travel will be to file a lawsuit pursuant to these Terms. Please note you will not receive a monetary refund when canceling or modifying your ticket(s).
If purchasing ticket(s) from us, you must provide first name, last name, and middle initial for each passenger and it must be identical to how it appears on each passenger’s government-issued identification. You will be emailed a confirmation itinerary after your ticket(s) purchase is confirmed. Please carefully review your confirmation itinerary as soon as you receive it, including but not limited to, names of each passenger, dates and times of travel, and airports. Contact us immediately in writing if any information on your confirmation itinerary is incomplete or incorrect. To the extent the applicable Supplier’s rules permit, we will do our best to correct any inaccuracies, but you will be charged at least $500.00 USD change fee per ticket, and will be solely responsible for any other fees the Supplier may impose, except where we made the mistake and you contacted us immediately to notify us of the mistake.
If legal action is necessary to dispute the charge-back, you agree to pay us for the cost of the airline ticket(s), plus all additional processing fees and any legal fees incurred to recoup the cost of the airline ticket.
If you need to cancel your ticket or modify your itinerary for any reason, please contact us as soon as possible to review your options. Cancellation, modification and refund terms, as well as conditions, will be dictated by the applicable Supplier. In our constant effort to provide great customer service, we will attempt to leverage our relationships with Supplier and make changes to your itinerary or cancellations if your request is permitted by the applicable Supplier. Please read these terms and conditions carefully on the applicable Supplier’s website. Suppliers typically permit cancellations and modifications up to 72 hours from time of departure; therefore, to the extent possible, you must submit to us all change requests in writing at least 72 hours before departure. If a modification or cancellation is permitted, you will be responsible for any applicable fees charged by the Supplier(s) upon cancellation or modification, which could be at least $500.00 USD per ticket, as well as the fare difference in the case of modifications. Fees will vary depending on the applicable Supplier’s terms and conditions, and these fees must be collected by us prior to processing any change to your ticket(s). You will not receive a monetary refund when canceling or modifying your ticket(s). Instead, to the extent permitted by the applicable Supplier(s), you will receive a credit (less any fees imposed by the Supplier(s)) towards a future ticket purchase, which will be valid for up to twelve (12) months from your original date of purchase. In all cases, you will be notified of all fees, excluding fare differences, prior to agreeing to cancel or modify your ticket(s). You agree to be responsible for any and all applicable fees, fare differences, and/or taxes associated with modifying and/or cancelling travel services or products purchased from us or through us. You permit Cook Travel to charge the credit / debit card you provided to us for the payment of penalties arising from your failure to comply with any Supplier’s rules.
The total price is based on the total price per person. For more than one passenger, the total price per person is the total price for all passengers divided by the total amount of passengers. Any additional fees subsequently charged by the air carrier (baggage fees, upgrade fees, special needs etc.) are between you and the airline and are not the responsibility of Cook Travel. Cook Travel is not liable for the notification or reimbursement of any these additional fees charged by the air carrier to you.
You agree that Cook Travel flights may ship tickets to the shipping address you provide to us. Cook Travel does not assume any responsibility for products sent via mail, and it is your responsibility to request in writing that Cook Travel send products using insurance and tracking features.
We suggest you purchase travel insurance to cover unforeseen events. If you purchase travel insurance from us or through us, you will be responsible for contacting the insurance company directly for any changes, cancellations, and/or clarifications.
If you have any issue with your ticket, please contact us in writing immediately. In other cases, we will attempt to replace your ticket with an acceptable alternative of equal value or more.
At least 72 hours prior to departure, you must reconfirm your flight in writing with Cook Travel and with the applicable air carrier, and you must continue reconfirming in the same manner every 24 hours prior to your flight.
LIMITATION OF LIABILITY
Subject to applicable law, use of our Website and purchase of any travel products or services through or from us is at your sole risk. Services and products made available by us or through us are subject to conditions imposed by Suppliers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations.
YOU AGREE THAT COOK TRAVEL WILL NOT BE LIABLE OR RESPONSIBLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, DIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY LOSS, DAMAGE, CLAIM, INJURY, OR ANY EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN TORT, STRICT LIABILITY, CONTRACT, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE PERFORMANCE OR NONPERFORMANCE BY US, ANY AIR CARRIER, OR ANY OTHER SUPPLIERS SELLING TRAVEL-RELATED PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COOK TRAVEL DOES NOT ASSUME LIABILITY FOR (1) ANY LOSS, INJURY, DAMAGE, ACCIDENT, DEATH, OR DELAY DUE TO AN ACT OR OMISSION OF A SUPPLIER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A SUPPLIER, OR AN ACT OF GOD; (2) ANY DAMAGE AND/OR DELAY DUE WEATHER OR CAUSES BEYOND COOK TRAVEL CONTROL; OR (3) ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS OR ACTS OF ANY GOVERNMENTAL AUTHORITY.
If, despite the limitation above, Cook Travel is found liable for any reason, including any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitations above, then Cook Travel’s liability will in no event exceed, in total, the price you paid for your airline ticket from which the loss or damage arises. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
SUPPLIER RULES, PRICE CHANGES, AND ITINERARY CHANGES
All airline tickets sold by us are subject to the published conditions of carriage and rules of each applicable Supplier, including, but not limited to, baggage fees, change or cancellation policies, frequent-flyer mile accrual, schedule changes, itinerary changes, eligibility for upgrades and rules regarding standby flights, check-in policies, etc. The contract of carriage in use by the applicable air carrier, when issued, shall be between the applicable air carrier and you, the passenger. Please read these additional terms and conditions carefully on the applicable Supplier’s website. You agree to abide by the terms and conditions of purchase imposed by any Supplier that you elect to use for travel, including, but not limited to, payment of all amounts when due and compliance with the Supplier’s rules and restrictions regarding availability and use of services, products, or fares.
Air carriers have the right to adjust schedules and flight times at any time – schedule changes can result in an itinerary that falls outside of contractual agreements. Airlines may also, in the airline’s discretion, change or cancel flights or itineraries. In no event will we be liable for any schedule change or cancellation because schedule changes are outside of our control.
Air carriers will assess their own taxes and fees on your flights, so you may see charges on your credit / debit card from both Cook Travel and these Suppliers, as well other Suppliers and Travel Guard. Please contact us for additional information if you have questions.
In the event of a flight cancellation while at the airport, please see the gate representative or airline ticketing counter, as they have the most power to accommodate you per the airline rules. Additionally, you must notify us immediately if there is any issue with your reservation so that we can have an opportunity to attempt to remedy the issue.
The circumvention of an air carrier’s rules, including practices such as back-to-back ticketing (purchasing two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and hidden-city ticketing (purchasing tickets including segments which the purchaser does not intend to use in order to circumvent an air carrier’s pricing structure), is prohibited by many Suppliers. The use of prohibited ticketing practices may result in the air carrier taking actions including the cancellation of the ticket, denied boarding, revocation of frequent flier miles and other benefits, additional charges to the purchaser’s credit card, additional charges collected at the airport, or future invoicing. You are responsible for ensuring that your purchases abide by the terms or conditions of purchase imposed by the applicable airline, including terms or condition of purchase set forth in an air carrier’s fare rules or contract of carriage. When you purchase an airline ticket through us or from us, you agree to be bound by the terms, conditions, rules and restrictions set by the applicable Supplier(s).
You agree to the payment of all amounts when due (including additional taxes, fees and costs which may not be included in the quoted fare) and compliance with all rules regarding the availability of fares, products or services, including penalty fees arising from your failure to comply with such rules. Additionally, you agree to pay all duties, taxes, and related charges arising out of your purchase of the products and /or services provided by us or through us. You permit us to charge the credit / debit card provided for the payment of penalties arising from your failure to comply with airline rules. We reserve the right to cancel your booking if full payment is not received when due, or for any other violation of any applicable Supplier’s rules and restrictions, which would result in forfeiting any monies paid for such booking(s) and/or in our charging the credit / debit card provided by you in connection with your purchase of travel-related goods and services as a result of such violation.
You agree that frequent traveler awards (miles, points, etc.), certificate vouchers, upgrades, and other discounts or incentives may not apply to flights purchased from us or through us or other travel services. Please contact us for additional information if you have questions.
If you miss your flight, go to the airline counter immediately or call us if you are not near the airport. Missed flights are not refundable and the ticket loses value, and changes or replacement flights will be at the discretion of the applicable Supplier(s). In some cases we may be able to help you, but in most cases you will not be provided with a replacement flight unless the Supplier itself allows it.
We are neither obligated nor responsible for providing notice or information concerning any regulations with regard to passports, visas, customs or health.
Please note that you cannot travel if you do not have all required travel documents, such as visa, re-entry permits, and passport. It is your responsibility to check if you need a visa for the country you are flying to.
If you do not have the correct documentation, you may be refused carriage by the air carrier or entry into any country. Where entry is refused, fines or other penalties may be imposed on you. Any passenger who travels without the required visa/passport/other documents is solely responsible for and must immediately pay all fines, surcharges, costs (including the cost of their immediate return flight), and any other amounts of any description which are incurred or imposed by the air carrier or Cook Travel. This will occur regardless of whether the lack correct documentation is discovered at the airport where you are departing. We disclaim any liability in this situation and no compensation, expenses, refund or other amount will be paid to you.
SERVICE FEES AND POINTS TRANSFERS
In an effort to provide great customer service to you, we offer a service to assist you with using your earned credit card points and /or air miles. We are also able to assist you in purchasing additional miles directly through the airline. Further, through promotional offers, we occasionally gift points to our customers. We charge service fees for assisting you with the above-referenced service, and the service fee varies depending on complexity of your request and the amount of tickets requested (“Service Fee”). The Service Fee ranges from $500 to $10,000 USD per ticket, and you will be notified of the applicable Service Fee prior to booking and digitally signing a contract with us. Once you book, this Service Fee is not refundable and you will not be able to modify your booking, cancel your booking, or transfer your booking, unless terms of the applicable Supplier permit. Suppliers typically permit cancellations and modifications up to 72 hours from time of departure; therefore, you must submit to us all change requests in writing at least 72 hours before departure. However, you will be responsible for any applicable fees charged by the applicable Supplier upon cancellation or modification, which could be at least $250.00 USD per ticket, as well as the fare difference in the case of modifications. Fees will vary depending on the Supplier’s terms and conditions. Please note that we do NOT sell air miles and / or credit card points.
Our Website, all content, products and services offered on our Website, as well as any travel products or services purchased from us or through us, or from our call center agents, are provided on an “as is” and “as available” basis. Cook Travel expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of fitness for a particular purpose, merchantability, title, non-infringement, and security and accuracy, as well as all warranties arising by course of dealing, usage of trade, or course of performance.
You agree to defend and indemnify Cook Travel, and each of our respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against us as a result of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party or (3) your use of our Website.
Nothing contained in these Terms will be deemed to constitute either party as the representative or agent of the other party, or both parties as joint venturers or partners for any purpose. You may not delegate, transfer or assign your rights or obligations under these Terms. We may assign our duties and rights under these Terms without such assignment being considered a change to the Terms and without notice to you.
If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of the provisions in these Terms to be unenforceable or invalid, that provision will be enforced to the fullest extent permitted by applicable law and the other provisions in these Terms will remain valid and enforceable. The Terms make up the entire agreement between you and Cook Travel relating to your use of our Website and your purchase of any products and/or services through us or from us, and replace any prior understandings or agreements (whether oral or written) in this regard.
The laws of the State of New York (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. If you take any legal action relating to travel products or services obtained from Cook Travel or through Cook Travel, or your use of our Website, you agree to file such action only in the state and federal courts located in New York, New York (USA). In any such action or any action we initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to reasonable attorney fees and costs, both taxable and non-taxable. You agree that any disputes, claims and causes of action arising out of or connected with our Website, our products and/or services, and/or these Terms, will be resolved individually, without resort to any form of class action. You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.
TRAVEL SERVICE DISCLOSURE
Cook Travel is a seller of travel in the State of New York. REGISTRATION AS A SELLER OF TRAVEL DOES NOT CONSTITUTE APPROVAL BY THE STATE OF NEW YORK.