PLEASE READ CAREFULLY BEFORE BOOKING YOUR TRIP WITH THE BLACK TRAVEL CLUB, LLC.
The following terms and conditions apply to any trip booked with The Black Travel Club, LLC (hereinafter referred to as the "Company"). By booking a trip with the Company you (hereinafter referred to as, “you” “your” or “traveler”) acknowledge that you (i) are 21 years of age or older, (ii) understand and accept these terms and conditions (the “Terms and Conditions”) and (iii) are entering into a contractual relationship with the Company and its partners/affiliates, including, but not limited to, trip hosts and tour operators.
All trip prices are as posted on the Company website at the time of booking and do not include airfare. Trips are priced per person, based on shared occupancy. Single rooms may be available at an additional cost and the prices will be listed where applicable. Prior to booking, prices are subject to change without notice. If you are using our payment plan option, you must submit a non-refundable, non-transferable, per person deposit at the time of booking to reserve your space. You may submit payments to the Company by credit card, cryptocurrency, or bank transfer.
Payment Schedule: Trip guest understands and agrees to satisfy their balance in full no less than 60 days prior to the date of arrival. Should the trip guest fail to submit the final payment 60 days out, a 10% late fee will be assessed each day based on the original amount. If a trip guest fails to submit payment in full by 45 days prior to the date of arrival, the Company, reserves the right to cancel booking and retain 100% of funds paid.
The Company will provide the trip guest with an online payment portal with credit card authorization form and will notify the trip guest via e-mail of the date & frequency of the scheduled payments.
Credit Card Payment/ Processing:
The Company uses our website (www.blacktravel.club) to process all trip payments. The trip guest agrees to update Company’s records in the event that guest’s credit/debit card/bank account is closed, expires, or is no longer active for whatever reason. Guests may contact the Company directly to provide updated payment information: firstname.lastname@example.org.
Declined Payment: In the event that payment is attempted by the Company and is subsequently declined, CR will provide guests with a courtesy email notifying guests of the declined payment method. If the past due payment is not paid within three (3) days of its due date, there will be a $50 late fee added to the guest's trip balance for every 2 weeks for that interval’s payment is not paid.
If payment has not been submitted within (2) weeks of the final payment attempt, the Company reserves the right to cancel the guest's booking and & retain all paid funds.
REFUND, TRIP CANCELLATION, & DISRUPT POLICIES:
Part of the Company's responsibility is organizing the activities, accommodations, and transportation that will make your trip the experience of a lifetime. We not only host our guests during the trip, but also do the work necessary ahead of time to make sure that everything is in place and ready for you.
Guests understand that coordination of the scheduled trip requires such planning to take place months in advance. For this reason, the following policies apply:
In the event that a guest attempts to cancel at any time, the Company reserves the right to retain 100% of all paid funds. Guests agree to not file a dispute or chargeback through their bank and to instead utilize their travel insurance in the event that guests can no longer attend the scheduled trip.
The Company does not grant refunds on deposits, payments or trips for any reason unless otherwise stated.
Payment Disputes: Guests agree to not file a payment dispute or chargeback through their bank/financial institution and to instead utilize her travel insurance in the event that guests can no longer attend the scheduled trip.
Guest agrees to not file a chargeback in violation of the Company’s Refund Policy. In the event that a chargeback is requested and/or processed, the guest agrees to repay the Company for the full amount and be responsible for any fees incurred in recouping payment, including attorney’s fees.
Passport and Travel Documents. Guests are responsible for securing a valid passport. Upon signing up to attend the scheduled trip, guests will send via e-mail a photocopy of their passport, displaying the expiration date. Ninety (90) days prior to the Date of Arrival, guests will send an updated copy of their passport.
Some destination countries require a tourist visa to be secured before entering the country. Guests understand that it is their responsibility to secure the visa and will do so at the time of purchasing the guest's airline ticket(s).
If a visa is required for your scheduled trip, the guest agrees to purchase an airline ticket and obtain a visa within thirty (30) days of booking their trip experience.
It is the responsibility of the guest to ensure that there are adequate amounts of passport and visa pages within their passport booklet, in accordance with the requirements of the scheduled trip destination. the Company will not be liable in the event that a guest fails to ensure that guest’s travel documents are in order.
Each guest is required to purchase a travel insurance policy within fourteen (14) days of booking their scheduled trip. The insurance policy must include a minimum of $100,000 of coverage and should cover emergency transportation/evacuation and trip cancellation in the amount of the scheduled trip costs, at minimum. Guests will provide the Company with a digital copy of their travel insurance policy within fourteen (14) days of booking their trip.
The Company may provide a list of travel insurance providers to the guest as a courtesy. The Company does not provide any guarantees as to the coverage or service provided by these insurance agencies. Guests agree to use this insurance policy in the event that they are unable to attend the scheduled trip experience, due to guest’s fault or otherwise, or incurs any other loss related to the Scheduled trip.
Purchase of Airline Ticket.
Guests are responsible for purchasing their airline ticket to the originating city of the scheduled trip (unless otherwise noted in writing). The Company is not responsible for any delays caused by the airline, missed flights due to guests error, or otherwise.
Guests agree to purchase their airline ticket as soon as possible, no later than 120 days prior to the Date of Arrival. Guests will provide the Company with a digital copy of their airline reservation 120 days prior to the Date of Arrival.
One (1) week prior to the Date of Arrival, guests must provide an updated digital copy of their travel itinerary to the Company. In the event that a guest arrives prior to the scheduled trip Date of Arrival, transportation from the airport will not be provided by the Company. The Company will provide guests with a window of time (based on the local time) during which transportation will be provided, as outlined below.
The Company is responsible for arranging transportation during the scheduled trip for Company-coordinated activities. The Company will also arrange transportation to and from the airport on the Date of Arrival and Date of Departure in three shifts: early morning, mid-morning, and mid-afternoon. In the event that this schedule does not fit within the guest’s arrival or departure, guests are free to arrange transportation for themselves at their own expense.
The Company will provide accommodations for the duration of the scheduled trip. Should guests decide to arrive early or stay after the scheduled trip, guests will be responsible for their accommodations on those days/nights.
In the event that a guest wishes to indulge in room service or causes some kind of damage to their room/accommodations, the guest understands that they are solely responsible for any and all extra charges to her room/account and agrees to settle such balances prior to departure.
In the event that a guest fails to settle such charges prior to departure, the guest agrees to indemnify the Company in any situation of property damage or fees that remain unpaid. Guest grants permission to the Company to charge any unpaid expenses to the card on file belonging to the guest.
In the event that the Company must pursue unpaid fees/damages from guests, guests will be responsible for all expenses associated with securing such payment, including attorney’s fees.
False Representation. At no time shall guests make representations, directly or indirectly, to vendors, accommodations, administrators, or any other individual/company that guest is somehow affiliated with the Company in an authoritative, management, or administrative role. This includes but is not limited to requesting confidential records and/or information on accommodations, bookings, excursions, etc. from vendors, etc.
Included in the Trip Experience:
o Housing accommodations. Accommodations may be in the form of a hotel, Airbnb, hostel, villa, condo, homestay, or any combination of these.
o Select meals. Meals included in the Experience can be viewed on the Scheduled Experience Itinerary provided to guests. Any meals/snacks outside of these meals are the responsibility of the guest.
o Planned excursions. These activities can be viewed on the Scheduled Experience Itinerary provided to Experiencer by the Company. Any activities/excursions outside of these are the responsibility of the guest.
o Ground Transportation. Ground Round Trip airport transport (arrival + departure), as stated in the previous section as well as to and from excursions specified in the itinerary.
o Travel Guide. A Company Travel Ambassador and a Local Ambassador will be made available to guests. The Company's Travel Ambassador will accompany guests as a guide for all itinerary activities.
o Please note that gratuity/tips to service providers are not included in the Scheduled Experience.
The Company’s Travel Ambassador will communicate with guests on the Scheduled trip via an electronic messaging program such as Whatsapp. Guests will be notified and will be added to a group conversation which will be used for text communications throughout the Scheduled trip. Guests agree to maintain the designated mobile application on their phone and remain a member of the group chat for the duration of the scheduled trip, as this will be the sole method of communication with the group.
The Company crafts custom excursions for its guests to participate in. In the event that a planned excursion is cancelled, the Company will make reasonable efforts to substitute the excursion with another planned activity or reschedule for a different day of the Experience. Circumstances outside of the Company's control do not give rise to a breach or refund.
Should guests decide to opt out of an excursion, guests understand that this does not entitle guests to a refund, partial or otherwise.
By participating in any and all excursions, Guest acknowledges that guests do not have any physical limitations, medical ailment, physical or mental disabilities that would limit or prevent that guest from participating in the excursions. If necessary, guests will obtain a medical examination and clearance to participate in said excursions.
Guest releases the Company from any liability stemming from personal property loss, injury, and/or death that guest may sustain while participating in the scheduled trip and/or its excursions.
In the event that a guest is late to an excursion, the Company, the on-site Travel Ambassador, and/or the rest of the guests are not required to wait or delay the excursion. Refunds, partial or otherwise, will not be provided for any such absence. Should the guest not arrive in time to take the Company transportation to the excursion, they may secure transportation to the excursion at their own expense.
Luggage. Guests are responsible for bringing with them everything they need for purposes of travel. The hosting hotel, hostel, Airbnb, etc. may provide items like shampoo, body wash, etc., however, the Company does not guarantee any personal care or travel items to be available at the scheduled trip destination or accommodations.
The Company is not responsible for the loss of or damage to luggage en route to the destination, at the time of departure, or for the duration of the scheduled trip.
Alcohol Consumption. Guests agree to engage in the consumption of alcohol in a reasonable manner and not to the point of becoming belligerent, violent, or detriment to self, others, property, and/or the overall trip experience.
Illegal Activity. Guests agree to abide by the destination’s local, state, and federal laws and will refrain from engaging in any criminal activity, including but not limited to the possession, purchase, and consumption of illicit substances. Engaging in such behaviors will be considered as grounds for ejection.
In the event that a guest is incarcerated in the destination country, the Company is under no obligation to provide bail money or otherwise. The Company will make reasonable attempts to notify the emergency contact provided by guests in this Agreement.
Social Media and Online Forums.
Guests are encouraged to share their Experience with the world! (If a Guest chooses to do so, we’d love to be tagged! @theblacktravelclub) Experiencer agrees to not publish any disparaging comments, posts, or photos with respect to the Company, the host destination, as well as fellow trip guests.
The Company encourage socializing and immersion into the local society. However, it is against the Company policy to bring non-Experiencer guests to the Company-provided accommodations. Guests agree to not bring guests (regardless of gender) to the accommodations for the duration of the scheduled trip. Doing so will be considered as grounds for ejection at the Company's sole discretion.
Guests agree to not bring along any additional travelers that are not pre-approved by the Company. Doing so will be considered as grounds for ejection at the Company’s sole discretion.
Guests agree to not seek or pursue romantic relationships with any Company vendors, local partners, or other guests for the duration of the Scheduled trip. Doing so will be considered as grounds for ejection at the Company’s sole discretion.
GROUNDS FOR EJECTION.
THE COMPANY'S PRIORITY IS TO MAINTAIN A SAFE, ENJOYABLE EXPERIENCE FOR ALL GUESTS. THE COMPANY RESERVES THE RIGHT TO REMOVE AND/OR EXCLUDE ANY EXPERIENCER FROM THE SCHEDULED EXPERIENCE IN THE EVENT THAT EXPERIENCER’S BEHAVIOR IS DEEMED DANGEROUS OR POSES A DANGER TO OTHERS. OTHER GROUNDS FOR TRIP EJECTION INCLUDE INTENTIONALLY DAMAGING OR DEFACING PROPERTY, FIGHTING, USAGE OF ABUSIVE LANGUAGE, INAPPROPRIATE AND/OR DISRESPECTFUL TREATMENT OF COMPANY STAFF, FELLOW GUESTS, VENDORS, TOUR GUIDES, AND/OR LOCALS WITHIN THE DESTINATION. EJECTION WILL BE AT THE GUEST’S EXPENSE AND DOES NOT ENTITLE GUEST TO ANY REFUND.
In the event that guests sustain a loss of personal property during the duration of the scheduled trip, the Company maintains no liability and will not be held responsible for any such loss. In addition, the Company maintains no liability in the event that physical injury and/or death occurs during a trip experience.
The Company is unable to anticipate local emergencies and/or political climate changes in destination countries. In the event that an emergency arises, the Company Travel Ambassador will provide guests with information via the designated group messaging mobile application. Guests agree to record the following information in their mobile device and will travel to the U.S. Embassy in the event that an emergency situation arises:
Local Recommendations. During the Scheduled Experience, the Company Travel Ambassador may make recommendations on restaurants, shopping locations, etc. per guest’s request. The Company cannot provide any guarantees as to any local vendors or service providers recommended by a Travel Ambassador or otherwise.
Electronic Signature. Guests understand that under law, signatures transmitted digitally and created electronically via touchscreen or computer mouse shall have the same force and binding effect as an original handwritten signature in ink.
The Company may hire a local photographer to capture snapshots of your Experience. Guests expressly and irrevocably authorizes the use of his or her likeness for commercial purposes by the Company as well as its assignees, licensees, legal representatives, and transferees, unless otherwise agreed to in writing. This authorization permits for the publication and use of any and all photographs, pictures, portraits, videos, and/or images in any and all forms and media including for purposes of illustration, commercial art, publishing, advertising, promotion, publicity, social media and other electronic forms, for any products or services, or other lawful uses as may be deemed appropriate by the Company in the course of its business.
Parties agree that there shall be no changes to this Agreement – unless in writing, agreed to, and signed by both parties.
The Company may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of Company that materially affects the Services provided in this Agreement, including but not limited to:
A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or
War, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, pandemic or epidemic, nuclear leak or explosion, or act or threat of terrorism.
In the event that this Section applies, the Company will be permitted to make a reasonable effort to reschedule Experiences as needed in order to comply with the terms of this Agreement, however, will not be found in breach if this is not possible due to the circumstances. Refunds will not be provided, rather, any money paid by guests may be applied to a future Company Experience.
Guests cannot transfer this Agreement or Experience to any other entity or individual. Any potential transfer may only take place with the written permission of the Company.
The Company does not guarantee or provide any warranty, express or implied, with regards to any specific results or Experience.
The laws of the state of California will govern the validity, construction, and performance of this contract. Any actions relating to this contract will be handled in courts or providers serving Rancho Cucamonga, California.
In the event of a dispute, the first course of action to be sought by either party, after making a good-faith and reasonable effort attempting to resolve the matter amicably, shall be mediation with a mutually agreed upon mediator. Parties shall share in the costs.
The Company will do its due diligence prior to confirming guests-status and official reservation of the applicant’s spot on the scheduled trip. The Company reserves the right to cancel enrollment at any time within 14 days of initial payment, for any reason.
Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected and will continue in full force and effect.
Guests have been given the opportunity to seek independent legal advice prior to signing this Agreement. Guest acknowledges and agrees that the guest has carefully read this Agreement, that the guest understands and is voluntarily executing this Agreement.
NOT INCLUDED IN THE TRIP PRICE:The following charges are not included in the trip price unless otherwise noted: airfare to and from the start of your trip; airline baggage fees including checked and/or excess baggage fees; passports; visas and vaccinations; tips to your tour director, local host, driver, local guides, restroom attendants; gratuities on ferries, trains; laundry; telephone; minibar; alcohol, beverages, and food outside of the contracted the Company menu as presented at accommodations or restaurants (these extra items will be billed to you before leaving the accommodation or restaurant); optional excursions; porterage at airports and train stations; travel insurance; and all other items of a personal nature.
AIR ARRANGEMENTS TO TRIP DESTINATIONS:Travelers must purchase their own airline tickets to the trip destination. The Company will not arrange air transportation and shall not be responsible or liable for a traveler’s airfare, airline ticket, or air travel arrangements. All issues with your air travel shall be resolved with the respective airline on which you are ticketed. In the event the airline cancels, reschedules, or delays a flight for any reason or you miss your departure flight or connection, no refunds will be provided by the Company for missed portions of the trip. You are fully responsible for any additional expenses you may incur prior to joining the trip if you miss your departure flight or connecting flight. The Company recommends all travelers purchase travel insurance with provisions to cover these unexpected expenses.
INSURANCE:The Company requires a traveler to purchase traveler’s insurance for your trip. The insurance should cover the cost of trip cancellations, flight delays and cancellations, loss of employment, and accidents and illness suffered by you that would prevent you from traveling on your booked trip or that may occur during the trip. You should consider purchasing additional coverage to cover any money you may have spent prior to your scheduled trip departure. Travelers must submit documentation evidencing their purchase of traveler’s insurance to the Company upon request.
LANGUAGE:All tour directors, local hosts and local guides utilized by the Company speak English. Travelers should be able to speak, read and understand English.
AUTHORITY TO REMOVE OR REFUSE TRAVELERS:In the event the Company believes that a traveler may interfere with other travelers enjoyment of the trip, The Company may, in its sole discretion, refuse to allow the traveler to commence the trip or remove a traveler from the trip. Travelers who (i) are considered a danger to themselves or others or (ii) have engaged in or are threatening to engage in behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of other travelers or Company representatives (including, but not limited to, behavior that is disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, or obscene) or (iii) have failed or refused to following the Company’s directives, recommendations, instructions, policies, or procedures, may be removed from the trip. In the event the Company refuses transport or removes a traveler, the Company may leave the traveler at any destination and shall not be liable or responsible for accommodations, transportation, meals,medical care, or any other expenses incurred by the traveler after refusal or removal from the trip. The Company will not refund any portion of the price paid by any traveler who is refused or removed and the Company will be entitled to recover from the traveler any costs or expenses incurred by the Company in removing or refusing the traveler.
UNDERAGE TRAVELERS:The Company requires travelers to be 21 years of age or older to book a trip and travel alone.
SPECIAL ASSISTANCE TRAVELERS:Travelers who require special assistance due to a disability must notify the Company when booking a trip. In the event, the Company is unable to arrange acceptable and reasonable accommodations for special needs or disabled travelers the Company will notify travelers and travelers will have the option to decide if they want to continue on the trip. However, the Company shall not be responsible for any denial of services by accommodations, restaurants, or other independent suppliers during the trip. The Company will not provide individual assistance to a special needs disabled traveler during the trip. Travelers must be able to independently partake in the activities of the trip. Special needs or disabled travelers should have a qualified and physically able companion accompany them to assist them during the trip. If a traveler fails to notify the Company of a disability requiring special attention when booking the trip, the Company reserves the right to cancel the booking or terminate the traveler’s trip. The Company may cancel or terminate a trip if the special needs or disabled traveler is not accompanied by a person who will provide assistance or if a traveler’s special needs or disabilities are not suitable for the trip. In the event the Company cancels the booking or terminates the trip, The Company will not refund or cover any costs or expenses incurred by the special needs or disabled traveler after cancellation or termination. Some activities during the trip may require travelers to engage in extensive standing, sitting, or walking and facilities or sightseeing locations may not accommodate wheelchairs. The Americans with Disabilities Act is a federal law only applicable within the U.S.; therefore facilities and accommodations for disabled individuals may be limited outside the U.S. The Company will not refund or cover any cost or expense incurred by a special needs or disabled traveler for any missed activities due to the traveler’s inability to fully participate with the group.
VISAS & PASSPORTS:
International travel requires a passport. You must verify all requirements and obtain a passport and all necessary visas for the trip, including all health requirements if any. If you are refused entry into any country for failing to meet the entry and exit requirements, the Company will not be liable. All visa or passport information provided by the Company is applicable to U.S. citizens only. Non-U.S. citizens must consult with the appropriate consulates to determine if any visas or other documents are needed. For more information on passport and visa requirements, please go to the U.S. State Department website at www.travel.state.gov.
ACCOMMODATIONS:The Company utilizes various accommodations such as hotels, hostels, Airbnb and bed-and-breakfasts to house travelers during a trip. Each trip will vary in terms of the accommodations used. Shared room accommodations, with twin beds, will be provided (double, triple or multiple bedded rooms). Single room accommodations may be available at an additional charge and must be requested at the time of booking. Room and bed preferences are not guaranteed. Check-in times vary worldwide. The Company cannot control or guarantee check-in times.
SERVICE INQUIRIES AFTER THE TRIP:If a situation arises during the trip, please advise the Company of your complaint or claims as soon as possible. Any complaint involving the Company services or the services of its third-party suppliers must be relayed to the Company within 30 days after completion of the trip. If not, you will forfeit any compensation or other resolution that may have been due to you.
HOLIDAYS:Certain planned activities during the trip may be unavailable if such activities fall on dates that are designated local or national holidays. In the event a planned activity is unavailable, if possible, the Company will offer an alternative activity. No refund or discount will be given to travelers for events that are cancelled due to local customs.
HEALTH; SAFETY; MEDICAL INSURANCE:The Company endeavors to provide a safe environment and experience for its travelers but cannot protect or guard travelers from certain risks and dangers when traveling outside of the United States. During a trip travelers may be faced with forces of nature; political unrest; acts of lawlessness or terrorism; accidents or illnesses or other situations that may endanger the life of the traveler. The Company shall not be responsible for any risks and dangers that may arise and by booking a trip with the Company, you agree not to hold the Company liable for any harm suffered by you during the trip. You agree to hold the Company harmless regarding any provision of medical care or the adequacy of any care rendered. You must ensure that you are informed and aware of the applicable health requirements and recommended precautions relevant to the trip and that you carry all necessary vaccination documents, personal health information or personal medication. You run the risk of being denied entry into a country if you fail to present the required vaccination documentation. Prior to booking a trip, you should refer to the U.S. Department of State’s website www.travel.state.gov for travel advice and vaccination requirements for the trip destination.
PHOTOGRAPHS:Photographs appearing on the Company website are used solely as a representation or similar depiction of the possible facilities and attractions and the Company travelers should not rely on those depictions. Actual facilities and attractions will vary. On some trips, the Company may hire a photographer to take pictures of the travelers, activities, and attractions. By booking a trip with the Company, you agree to grant the Company permission to use photos and videos of you taken during the trip by the Company photographer on our website and social media platforms for marketing purposes only. The Company may, in its sole discretion, make the pictures available to travelers as part of the trip or as an additional cost. In the event you upload your photos to the Company website, any upload grants a perpetual license to the Company to use your photos for marketing purposes.
Optional excursions, outside of the planned Company trip activities may be available for booking through local operators or other third parties. These parties are entirely independent of the Company and do not form any part of the Company trip. Any optional excursion you book will not be governed by these Terms and Conditions. In booking with a third party/local operator, you will be entering into a contract with said organizer or operator and will be subject to their terms and conditions, which may include limitations of liability or exclusions. The Company shall not be liable for any optional excursions or for any acts or omissions of the third-party/local operator, its employees or agents or any other person connected therewith, even where the Company advertises, suggests or assists with booking an optional excursion with the third-party or local operator. Any advice or assistance on or with any optional excursions provided by any local representative does not mean or imply that the option is sold, supervised, or controlled by the Company, or that any such advice or assistance is given on behalf of the Company. The Company advises travelers to check with the operator of any optional excursion for the applicable terms and conditions before booking.
WI-FI:Wi-Fi connectivity may or may not be available during the trip. If available, it may be delayed, slowed, or otherwise interrupted. The Company has no obligation to provide travelers with Wi-Fi connectivity during the trip.
THIRD PARTY PROVIDERS:The Company is an independent limited liability company acting as an intermediary to provide a trip comprising services offered by third-party suppliers. Third-party suppliers providing trip services are not agents, employees, servants, or joint venturers of the Company. The Company has independent contracts with each of the suppliers for the services. All trip services provided by third-parties are subject to the terms and conditions specified in the third party supplier documents and to the laws of the countries in which the services are supplied. The third party supplier terms and conditions are available to you upon request. You agree that neither the Company nor its representative shall be liable for any damage, loss (including personal injury, death, and property loss), or expense occasioned by any act or omission of any supplier providing services. After departure, if the services included in the trip cannot be supplied or there are changes in an itinerary for reasons beyond the control of the Company, depending on the circumstance, the Company will take reasonable action to arrange for the provision of comparable services. Any resulting additional expense will be the responsibility of travelers.
LIMITATION OF LIABILITY:To the extent permitted by law, neither the Company nor any of its related companies, directors, employees or agents accept any liability in contract, tort or otherwise for any claim, injury, damage, loss, delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of another traveler or third party providers over whom the Company has no direct control, by force majeure or by any other event which is beyond the Company's control. Any limitation of responsibility stated for the Company in these Terms and Conditions applies and extends to its related the Company responsible for any costs and fees that are specifically stated as being your responsibility. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of the Company under applicable law.
GOVERNING LAW; DISPUTE RESOLUTION
Unless otherwise precluded by law, disputes or claims must be filed within three months following completion of the trip. This agreement shall be governed by the laws of the State of Texas, and any dispute, mediation or arbitration pertaining to this agreement must take place and may be brought only in courts in Houston, Texas. Mediation shall be the first form of resolution for any dispute between you and the Company. The mediator used shall be one selected by the Company. If the dispute cannot be resolved through mediation, the parties must proceed to binding arbitration in the State of Texas to resolve the dispute. Arbitration proceeding shall be administered by and pursuant to the rules of the American Arbitration Association. The prevailing party shall be entitled to receive from the other party, reasonable attorneys’ fees and reasonable cost and expenses. Arbitration against the Company must be arbitrated on an individual basis. Disputes shall not be arbitrated on a class action basis or on behalf of the general public. You hereby waive any right to punitive damages.
AMENDMENTS:The Terms and Conditions may only be amended, modified or waived by an authorized representative of the Company. Any such modification, amendment or waiver must be in writing.
The Terms and Conditions are subject to change. The Company advises you to check the Company website for the latest version of the Terms and Conditions prior to booking your trip.Last updated: 7/27/2020