Section 1
Agreement to These Terms
These Terms & Conditions (“Terms”) are an agreement between you and Pavlus Travel & Cruise, Inc., together with its successors and assigns (“Pavlus,” “we,” “us”). They govern your use of pavlus.com and its subdomains, including the My Account customer portal at my.pavlus.com, and the travel-planning and booking services we provide by phone, email, text, chat or in person (together, the “Services”).
By using the Services, creating a My Account, or asking us to make a reservation for you, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Services. Each travel supplier’s own terms and conditions also apply to your reservation with that supplier.
Please read the Disputes & Arbitration section carefully. It requires most disputes to be resolved by individual binding arbitration instead of in court, and it waives class actions and jury trials. You may opt out within 30 days as described there.
Section 2
Consumer Disclosure: Our Role as Your Agent
Please Read This Notice. It Constitutes Part of Your Contract for Travel-Related Services.
Pavlus Travel & Cruise, Inc. acts only as a sales agent for the independent companies (“suppliers”) that provide travel services, such as cruise lines, tour operators, hotels, airlines, rail and ground transportation companies, and the operators of meals, tours and excursions. Pavlus does not own, operate, manage or control any supplier or any vehicle, vessel, aircraft, hotel or other facility. Each supplier is solely responsible for the services it provides.
Pavlus is therefore not responsible for any breach of contract, act, error, omission, negligence or default of any supplier, or for any resulting loss, damage, delay, injury, illness or death to you or your traveling companions or group members. Unless the word “guaranteed” is specifically stated in writing by Pavlus on your invoice or reservation itinerary, we do not guarantee any supplier’s rates, bookings, reservations, connections, schedules or handling of personal effects and luggage.
Pavlus is not responsible for any injuries, damages or losses caused to any traveler in connection with acts of God, weather, natural disasters, epidemics, pandemics or disease, terrorism, war, civil or labor unrest, strikes, government actions, travel advisories or restrictions, mechanical or construction failures or difficulties, local laws, or any other actions, omissions or conditions outside Pavlus’s control, nor for a supplier’s financial default or bankruptcy.
You are solely responsible for checking and meeting all passport, visa, vaccination, health and other entry and exit requirements for every destination and transit point, and for being aware of safety and security conditions at your destinations for the length of your travel. Your Travel Planner may share general guidance as a courtesy, but it is not legal or medical advice and requirements can change without notice. For current information, see the U.S. Department of State at travel.state.gov (1-888-407-4747) and the U.S. Centers for Disease Control and Prevention at cdc.gov/travel (1-800-232-4636). Suppliers may deny boarding without refund to travelers who lack proper documents.
By traveling, you voluntarily assume all risks involved in such travel, whether expected or unexpected. You are warned of the risks above, including supplier bankruptcies and medical and weather disruptions, and are advised to buy appropriate travel insurance, which is available at extra cost through Pavlus. If you decline insurance, you accept responsibility for any resulting losses.
Your acceptance of travel documents, invoices, reservations or bookings, or your travel itself, constitutes your consent to these Terms. You agree to share them with the travel companions and group members on your booking.
Section 3
Prices, Availability & Website Information
Information on our websites, including prices, itineraries, ship and hotel details, photos and promotions, comes from suppliers and other sources. We cannot independently verify it, and we do not warrant that it is accurate or complete. All prices, availability and offers are subject to change without notice until your booking is confirmed by the supplier. Please use our websites as a starting point, and confirm all material details with your Travel Planner or the supplier before paying a deposit, which may be non-refundable.
Unless otherwise stated, all cruise, hotel, tour and other accommodation prices (other than airfares) are per person, based on double occupancy and subject to availability. Cruise prices are cruise-only and do not include port charges, taxes, government fees, gratuities or airfare unless stated.
If a price or other detail is clearly an error, for example because of a typographical, technical or supplier data error, Pavlus is not bound by it. We may correct the error and, if you have already booked, offer you the corrected price or cancel the booking with a full refund of amounts paid to us for it.
All discounts provided directly by Pavlus are based on the actual cash value paid for the discounted travel, after any coupons, discounts or other price reductions are claimed by you or provided by a supplier. Taxes, government fees of any type, security charges and other miscellaneous charges are not eligible for any discount. Unless stated otherwise in writing, Pavlus savings, amenities and onboard credits cannot be combined with other Pavlus offers, have no cash value, and may be withdrawn or adjusted if the booking is changed, re-priced or cancelled. Tours sold outside the United States may be priced and discounted in local currency (for example, Canadian tours are sold in Canadian dollars), and discount amounts may differ by country for similar or identical tours.
Cash Back Terms
Cash back offers from Pavlus Travel are calculated as a percentage of the net fare only. The net fare is the amount remaining after the travel agency commission paid by the cruise line is deducted from the fare, and excludes taxes, port charges, government fees, air, transfers, pre- and post-cruise packages, insurance and surcharges. Because the net fare is lower than the total price of your booking, the cash back amount will be less than the stated percentage of your total booking price. For example, on a booking totaling $12,000 with a net fare of $10,000, a 10% cash back offer equals $1,000. The net fare varies by cruise line, sailing and suite category; your Personal Travel Planner will confirm the exact cash back amount in dollars, in writing, before you book. Cash back is a Pavlus Travel offer, is not a reduction of the cruise line’s published fare, and is paid by check made out to the lead guest after the booking is paid in full. Offers are subject to change or withdrawal without notice and may not be combinable with other promotions.
Eligibility. Cash back applies only to new bookings made directly with Pavlus Travel. It does not apply to bookings transferred to Pavlus from another travel agency or to group bookings, and it is paid only to the lead guest named on the booking.
Changes. The cash back offer in effect on the date your deposit is made is the offer that applies to your booking. If the booking is later changed, including the sailing, suite category, number of guests or fare, cash back is recalculated on the new net fare.
Cancellation. Cash back is not paid on cancelled bookings. If a booking is cancelled after cash back has been paid, the full cash back amount must be repaid to Pavlus Travel.
Section 4
Bookings, Payments, Changes & Cancellations
- Supplier terms govern. Deposits, final-payment dates, cancellation and change penalties, refund policies and all other booking conditions are set by each supplier and form part of your contract with that supplier. Your Travel Planner will share them on request; please read them before you book.
- Payment authorization. By giving us a payment card, you authorize Pavlus and the relevant supplier to charge it for the amounts you approve, including deposits, final payments, insurance premiums and any supplier fees for changes you request. Charges may appear under the supplier’s name, under Pavlus’s name, or both.
- Fees. Pavlus is compensated by suppliers and does not charge booking or service fees unless a fee is disclosed to you in writing before you book. Supplier fees, such as change fees, air deviation fees and cancellation penalties, are the supplier’s and are passed through as charged.
- Missed payments. If a final payment is not made on time, the supplier may cancel your reservation and apply its cancellation penalties.
- Refunds. Refunds, credits and future cruise credits are issued by, and subject to the policies of, the supplier. Pavlus is not responsible for refunds a supplier fails to pay.
- Review your documents. Traveler names must exactly match the government-issued ID you will travel with. Please check every confirmation, invoice and travel document as soon as you receive it and tell us right away about any error. We are not responsible for losses from errors you do not report promptly.
- Chargebacks. If you have a billing problem, please contact us first so we can work with the supplier to resolve it.
Section 5
Travel Insurance
Pavlus strongly recommends comprehensive travel insurance, including trip cancellation, trip interruption, medical and evacuation coverage. Insurance is provided by independent insurers under the terms of their policies. Pavlus is not an insurer and is not responsible for coverage decisions or claim payments. Pre-existing-condition coverage often requires buying insurance soon after your first trip payment, so please ask about it when you book.
Section 6
My Account Customer Portal (my.pavlus.com)
My Account lets you view your trips, keep traveler details on file, upload documents, message your Travel Planner, and track referrals and rewards. By creating or using an account, you agree to the following:
- Eligibility. You must be at least 18 years old and able to enter into binding contracts.
- Accurate information. Keep your profile, contact and traveler details accurate and current. Details you save in My Account, such as dietary or accessibility requests, are passed to suppliers by your Travel Planner and are not confirmed until the supplier accepts them.
- Account security. You are responsible for keeping your password and verification codes confidential and for all activity under your account. Use two-step verification, sign out on shared devices, and tell us immediately at 1-800-528-9300 if you suspect unauthorized access.
- Other travelers. If you enter or view information about companions, including minors in your care, you confirm that you are authorized to do so and have told them how we use it under our Privacy Policy.
- Uploads and messages. Upload only documents and content that you have the right to share and that relate to your travel. You give Pavlus permission to store, use and share them as needed to service your trips. Do not upload unlawful, harmful or malicious content or files.
- Portal messages are not for emergencies. Messages are answered during business hours. For urgent travel problems, contact the supplier’s emergency line on your travel documents, or call us.
- Information shown is for convenience. Itineraries, times, balances, payment dates and rewards shown in My Account are provided for convenience and may lag behind supplier systems. The supplier’s confirmation and travel documents control if there is any difference.
- Availability and changes. We may change, suspend or discontinue any part of My Account, and we do not guarantee that it will be uninterrupted or error-free. We may suspend or close an account that is misused or that violates these Terms. You may close your account at any time by contacting us; closing it does not cancel your bookings.
Section 7
Live Chat & Automated Assistant
Our website chat may be answered by an automated virtual assistant that uses artificial intelligence, or by a Travel Planner. Automated answers are general information only. They may be incomplete or wrong, and they are not a price quote, reservation, guarantee or professional advice. A booking exists only when it is confirmed in writing by Pavlus or the supplier. How chat information is handled is described in our Privacy Policy.
Section 8
Emails, Calls & Text Messages
By giving us your email address or phone number, you agree that we may contact you about your inquiries, quotes, bookings and account. If you opt in to marketing, you agree to receive newsletters, offers and event invitations by email and, where you have separately agreed, by text message, including messages sent with automated technology. Consent to marketing texts is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to cancel or HELP for help. You can unsubscribe from marketing emails at any time with the link in each email. See our Privacy Policy for details.
Section 9
Referral & Rewards Programs
Referral and rewards benefits are subject to the program rules published at the time you participate. Unless the rules say otherwise, benefits have no cash value, are non-transferable, are earned only on completed (traveled) bookings, and may be forfeited if bookings are cancelled or if the program is abused. Pavlus may change, suspend or end any program at any time, but will honor benefits already earned under the rules in effect when they were earned. Please refer only people who would welcome hearing from us.
Section 10
Use of Our Websites & Content
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Ownership Pavlus owns, or licenses from third parties, all content, software, design, text, graphics, photos, maps, data and trademarks on our websites and in My Account. Schedule, fare, ship-tracking and availability data may be protected by the rights of Pavlus, its suppliers and its data providers. Except as allowed below, you may not copy, reproduce, distribute, publish, modify, create derivative works from, sell, rent or license any part of the Services without our written permission.
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Permitted Use You may use the Services only for your personal, non-commercial travel planning and to make legitimate reservations for yourself or for people you are legally authorized to act for. You may not use the Services to operate a travel agency or to resell travel without our written consent. Speculative, false or fraudulent reservations, and reservations made in anticipation of demand, are prohibited. You warrant that all information you give us is true and accurate.
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Prohibited Conduct You may not: (a) use robots, scrapers, crawlers or other automated means to access, copy or collect data from the Services, except for public search engines indexing pages in line with our robots.txt; (b) attempt to gain unauthorized access to any account, system or network, or probe, scan or test the vulnerability of the Services; (c) interfere with or disrupt the Services, or upload viruses or malicious code; (d) reverse engineer, decompile or disassemble any software; (e) impersonate any person or misrepresent your affiliation; or (f) use the Services for any unlawful purpose or in violation of these Terms.
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Your Submissions If you send us reviews, testimonials, photos, survey responses, comments or suggestions, you give Pavlus a non-exclusive, royalty-free, perpetual license to use, reproduce, edit and publish them, with your first name and last initial and your city or state if you provided them, in connection with our business. You confirm that you have the right to grant this license. We will not publish your full name or contact details without your permission. Do not send us confidential ideas.
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Third-Party Links and Services Our websites link to supplier, insurer and other third-party websites and tools. We do not control them and are not responsible for their content, availability or privacy practices, and a link is not an endorsement. Your use of them is at your own risk and subject to their terms.
Section 11
Disclaimers, Limitation of Liability & Indemnity
Disclaimer of warranties. The Services and all information, software, products and services made available through them are provided “as is” and “as available,” without warranties of any kind. To the fullest extent permitted by law, Pavlus and its suppliers disclaim all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. Listing a product or service does not mean Pavlus endorses or recommends it.
Limitation of liability. To the fullest extent permitted by law, Pavlus and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data or loss of enjoyment, arising out of or relating to the Services or any travel, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of such damages. Pavlus’s total liability for any claim arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amount of any service fees you paid directly to Pavlus for the booking at issue, or (b) one hundred U.S. dollars (US$100).
Some jurisdictions do not allow certain warranty exclusions or liability limits, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, including liability for Pavlus’s own gross negligence or willful misconduct.
Indemnity. You agree to indemnify and hold harmless Pavlus and its officers, employees and agents from any claims, losses, damages and expenses, including reasonable attorneys’ fees, arising from your violation of these Terms or of any law, your misuse of the Services, or information you provide about other travelers without their authorization.
Section 12
Disputes & Arbitration
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Talk to Us First Most concerns can be resolved quickly. Before starting arbitration or any other proceeding, you agree to send a written description of the dispute and the relief you seek to Pavlus Travel & Cruise, Inc., 7510 Montgomery Blvd. NE, Albuquerque, NM 87109-1500, or to guestrelations@pavlustravel.com, and to give us 60 days to try to resolve it informally. We will do the same for you.
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Binding Individual Arbitration Any dispute, claim or controversy between you and Pavlus arising out of or relating to the Services, any travel you purchase through Pavlus, or these Terms (a “Dispute”) that is not resolved informally will be settled by confidential, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Bernalillo County, New Mexico, or, at your request, by video or telephone or in the county where you live. Pavlus will pay AAA filing, administration and arbitrator fees for any claim of US$10,000 or less, unless the arbitrator finds the claim frivolous. The arbitrator may award any individual relief a court could award. The award will be final and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs this section.
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Exceptions Either of us may bring an individual claim in small-claims court if it qualifies, and either of us may ask a court for an injunction to stop infringement or misuse of intellectual property, unauthorized access to the Services, or scraping.
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Class Action and Jury Trial Waiver You and Pavlus agree that each may bring Disputes against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or preside over any representative proceeding. You and Pavlus each waive the right to a jury trial. If this class-action waiver is found unenforceable as to a claim, that claim must be decided in court, not in arbitration, and the rest of this section still applies to all other claims.
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30-Day Right to Opt Out You may opt out of this arbitration agreement by emailing guestrelations@pavlustravel.com or writing to us at the address above within 30 days after you first accept these Terms. Include your name, address and a clear statement that you are opting out of arbitration. Opting out will not affect any other part of these Terms or your relationship with us.
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Court Venue For any Dispute that is not subject to arbitration, you and Pavlus consent to the exclusive jurisdiction and venue of the state and federal courts located in Bernalillo County, New Mexico.
Section 13
Governing Law & General Terms
- Governing law. These Terms are governed by the laws of the State of New Mexico and applicable U.S. federal law, without regard to conflict-of-law principles.
- Severability. If any provision is found invalid or unenforceable, it will be replaced with a valid provision that most closely matches its intent, and the rest of these Terms will remain in effect.
- Entire agreement. These Terms, our Privacy Policy, any written terms on your Pavlus invoice, and the applicable supplier terms together are the entire agreement between you and Pavlus about the Services. They replace any prior communications on the same subject. A printed copy of these Terms and of any electronic notice is admissible in judicial or administrative proceedings to the same extent as other business records.
- No waiver; assignment. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them to a successor to our business.
- Survival. Sections on our role as agent, disclaimers and liability, indemnity, and disputes survive the end of your use of the Services.
- Changes. We may update these Terms from time to time. The “Last Updated” date shows when they last changed. Changes apply from the date they are posted and do not affect bookings already confirmed or Disputes already notified to us. If we make a material change, we will give notice on our websites or in My Account. By continuing to use the Services after a change, you accept the updated Terms.
- Seller of travel registrations. Florida Seller of Travel Reg. No. ST15578. California Seller of Travel Reg. No. 2073034-40; registration as a seller of travel does not constitute approval by the State of California.
- Contact. Pavlus Travel & Cruise, Inc., 7510 Montgomery Blvd. NE, Albuquerque, NM 87109-1500 · 1-800-528-9300 · guestrelations@pavlustravel.com
Questions About Our Policies?
Our team is available Mon–Fri 8:00 AM–5:30 PM and Sat–Sun 9:00 AM–4:00 PM Mountain Time. Email guestrelations@pavlustravel.com or call us.