DISCLAIMER for Travel Related Business/Information

Please read the following Disclaimer carefully before using Barry Brokerage.

  • 1. Disclaimer: This Disclaimer governs your use of the services of Susan G. Barry d.b.a. Barry Brokerage, and hereinafter referred to as “the Agency”. By using this company, you (hereinafter referred to also as “the user” or “the traveler”) accept this Disclaimer in full. If you disagree with any part of this Disclaimer, do not use the Agency or any affiliated websites, properties, or companies. We reserve the right to modify these terms at any time, and you should therefore check back periodically for changes. By using this Company after we post any changes, you agree to accept those changes, whether or not you have reviewed them.
  • 2. The Agency: The Agency acts as an agent for suppliers providing cruise-related services, or in accepting reservations for bookings for services that are not directly supplied by the Agency. Some of such suppliers are cruise lines, airlines, tour operators, lodging providers, car-rental companies, ground operators, food and food services providers, and any other suppliers of travel services shown on your itinerary. You the traveler are to follow the requirements of the suppliers whose services you purchase. This includes requirements such as for checking-in, confirmation and reconfirmation, timely payment of amounts due, refunds, seat and cabin assignments, departures and arrivals, and passport and visa requirements.
  • 3. Guaranteed: Unless the term “guaranteed” is specifically stated by the Agency as pertaining to the Agency in writing on your tickets, invoice, or reservation itinerary, we do not guarantee any of such suppliers’ rates, bookings, reservations, connections, scheduling, or handling of personal effects.
  • 4. Information Available and Supplied to You by Agency: Although we make strong efforts to make sure our information is accurate, the Agency cannot guarantee that all the information is always correct, complete, or up-to-date. By purchasing products or services through or from the Agency, the user agrees to and is knowingly assuming any and all risk associated with using these products or services.
  • 5. Use of this Information: You agree not to use or authorize the use of this information for any purpose other than personal use, and not to engage or authorize anyone to engage in the resale, redistribution, and use of the information made available or supplied by the Agency for commercial purposes. Other product and company names mentioned herein may be the trademarks of their respective owners.
  • 6. Other Websites: Through this Website and our communications, we may link to other websites that are not under the control of the Agency. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. You visit such links strictly at your own risk.
  • 7. Hazards: We have no special knowledge regarding foreign entry requirements, unsafe conditions, health hazards, weather hazards, supplier bankruptcies, or the suitability for disabled persons of any portion of any tour. For foreign entry requirements, go to https://travel.state.gov/content/travel.html. For State Department travel advisories, go to https://travel.state.gov/content/travel.html. For foreign health requirements and dangers, go to https://wwwnc.cdc.gov/travel. You hereby release us from any claims resulting in whole or in part from any problem covered in this paragraph and any causes not within our control.
  • 8. Limitation of Refunds: All cruise lines and airlines impose cancellation and change penalties up to 100% for many tickets. All tour operators, cruise lines, and some resort hotels impose cancellation and change penalties, too. Please view the applicable rules before you make your reservation.
  • 9. Insurance: By embarking upon travel, the traveler voluntarily assumes all risks involved in such travel, whether expected or unexpected. The traveler is hereby warned of such risks and the Agency strongly recommends that you purchase trip cancellation and travel accident insurance. Please note that, unless you buy a cancel-for-any-reason policy, most policies have provisions stating they do not cover matters like epidemics and pandemics, especially when travel warnings are in place. No representation or description of the insurance made by our staff constitutes a binding assurance or promise about the insurance. You agree to hold us harmless for your election not to purchase travel insurance or for any denial of claim by travel insurer for any reason.
  • 10. Suppliers’ Actions: All prices are thought to be accurate, available, and current. The information, products, and services may include inaccuracies or typographical errors. The Agency does not guarantee the accuracy of, and disclaims liability for inaccuracies, including but not limited to the price, information, and description of the products and services described. The Agency is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any supplier, or personal injuries, death, property damage or other damages or expenses resulting from the actions or inactions of any supplier. The Agency shall not be responsible for travel delays or cancellations or any illness, death, injury, damage, or loss of vacation time arising there from. Changes to cruise ports of call or itineraries due to mechanical, weather, or world events beyond our control are at the sole discretion of the cruise line or relevant supplier and may occur without notice. Any applicable compensation resulting from such occurrences is also at the sole discretion of the supplier.
  • 11. Limitation of Liability: The Agency shall not be liable for any injuries, damages, or losses incurred by the traveler in connection with, or by supplier employees or contractors, terrorist activities, social or labor unrest, mechanical or construction failures, or difficulties, diseases, local laws, climatic conditions, criminal acts or abnormal conditions or developments, or any other actions, omissions, or conditions outside of the control of the Agency. The Traveler assumes complete and full responsibility for checking and verifying any and all passport, visa, inoculations, or other entry requirements for each destination, as well as re-entry into the U.S., and all safety or security conditions at such destinations, in connection with the proposed travel. For information concerning possible dangers at international destinations, check the Travel Advisory Section of the U.S. Department of State website.
  • 12. No Warranty: All products, services, advice, merchandise, and information available from and through the Agency are provided on an “as is” basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the purchase of any product, (ii) that a User will receive the lowest available price for goods and/or services available through this agency, (iii) regarding the availability of products and/or services through this agency or, where applicable, at any participating retailer or retailer location, (iv) that use of the Agency and all software, products or services associated with the Agency will be error free, (v) regarding the results that may be obtained from the use of this agency, (vi) regarding the completeness, accuracy, reliability or quality of any information content, data, service, advice or merchandise provided or available from and through the Agency, or (vii) regarding the performance or non-performance of this agency. You expressly agree that the use of this Site is at your sole risk.
  • 13. DISCLAIMER OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGENCY OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR USER’S USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES AND INFORMATION, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR REASONABLE CARE), NEGLIGENCE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER CLAIM FOR PECUNIARY OR OTHER LOSS WHATSOEVER, OR FOR ANY CLAIM OR DEMAND AGAINST USER BY ANY OTHER PARTY, EVEN IF THE AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
  • 14. LIMITATION OF LIABILITY: NOTWITHSTANDING ANY DAMAGES USER MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF THE AGENCY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID FOR THE PRODUCTS, SERVICES AND INFORMATION OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
  • 15. Release and Submissions of Claims: You hereby release us from any claims resulting in whole or in part from any matter, issue, problem, or claim covered in this document, including any causes not within our control, and to submit all other claims against us within thirty (30) days after payment of your travels or the return from your travels, whichever is the later.
  • 16. Exclusive Jurisdiction: All suits in connection with, or incident to, this Agreement shall be litigated, if at all, in the courts of the Country of the United States of America, State of New Hampshire, Merrimack County, to the exclusion other courts of any other state.
  • 17. Consent: Travelers’ use of this agency, and retention of tickets, reservations, or bookings after issuance on this agency shall constitute consent to the above, and an agreement on his/her part to convey the contents here to his/her travel companions or group members.
  • 18. Provisions: If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement will remain in effect.
  • 19. Modifications: The Agency has the right to modify these terms and conditions at any time. The amended terms shall be effective from and after the date that they are posted on the Site.