Vacations By Paris, LLC
AGREEMENT BETWEEN Vacations By Paris, LLC and CLIENT
These terms and conditions (the "Agreement") describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a customer. The terms "we", "us" and "our" refer to Vacations By Paris, LLC doing business as Travel Antics. The term "you" refers to the customer visiting our website, booking a reservation through us or otherwise using our services
- OUR AGREEMENT WITH YOU
We specialize in facilitating group and custom travel experiences worldwide through our travel partners. Our website, which is referred throughout this Agreement, can be found at https://travelantics.com/
Vacations By Paris, LLC is acting as a "Booking Agent" for products and services that are not directly supplied by us (e.g., air carriage and ground transportation, hotel accommodations, meals, tours, cruises, etc.). We are not a co-vendor of such products and services. Additional terms and conditions may apply and will be provided upon booking.
All airline tickets are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government. You may be charged additional sums by Vacations By Paris, LLC to offset increased fees, fuel surcharges, taxes, and fluctuations in foreign exchange markets or any combination thereof. Acceptance of these terms and conditions hereby consent you to any post-purchase price increases and authorize Vacations By Paris, LLC to charge your credit card for such additional amounts upon notice.
Preplanned Hosted Group Travel
We plan exotic destinations worldwide for individuals and groups to join others for fun, relaxation, and adventure. Preplanned hosted group travel is open to anyone (unless otherwise specified) of the required age to travel. Preplanned hosted groups are expertly planned and are packaged without customization.
Travelers are responsible for adhering to all payment and document deadlines as noted in the hosted group information form/link. Travelers are also responsible for determining their suitability for the activities planned as there will be limited opportunities for customizations to the itinerary.
Contracted Group Bookings
We offer guaranteed availability and rates through our contracted group bookings. After you have approved the proposed travel itinerary, we will complete Exhibit A which will be retained in your travel and will be incorporated as a part of this agreement and will be signed and dated by both parties and will be deemed to be a part of the original agreement.
The exhibit will include the name of the resort, hotel(s), or ship, your travel dates, the number of rooms/cabins, the categories available for each room/cabin, the occupancy rate (single/double/triple/quad), deposit deadlines, and final payment deadlines. The total number of nights times the total number of rooms will be deemed the “room block”.
Payment for the room block is the sole responsibility of the leader. Individual payments made by guests will be credited towards the room block.
You agree to make required payments for your Room Block on time and in full. If you do not make the required deposit, we will not make any reservations. If you do not make the final payment on time, your travel arrangements will be canceled, you will forfeit any payments made earlier, and you will be denied access to the booked travel services, subject to the application of local laws of Texas. In such an event, we will not be responsible in any way for lost deposits, incurred expenses or fees, or other lost monies.
Suppliers may impose supplemental price increases after we book your travel plans (e.g., additional governmental taxes and fees, fuel surcharges, currency market fluctuations). Once the supplier contacts the Agency, we will notify you. You are responsible for paying these post-booking price changes. Any additional monies due will be added to the final payment amount due subject to applicable local laws.
Any desired changes to your Room Block must be requested in writing by all parties signing this agreement. Any changes (whether due to additional persons, additional rooms, date changes, etc.) may result in a change in the rate per person and the overall cost of the trip. Additions and changes will be based on availability. You agree to pay any price increase due to such a change (which will not be cause for canceling this agreement).
To cancel the entire Room Block, all parties signing this agreement must notify us in writing. If we do not receive this written notice and any applicable cancellation penalties are not paid, the group will not be considered canceled and may be subject to additional penalties until all required paperwork is received in its entirety.
No exceptions to our cancellation fees can be made for any reason, including illness, inability to travel, government travel warnings, or fear of terrorism.
If you are a "no show" for any reason (including flight cancellations or missed connections), we will consider the entire Room Block canceled and we will charge the cancellation fees set forth in Exhibit A. If other guests arrive, their rooms/cabins will be subject to availability at then-current rates.
Once you have canceled the entire Room Block, you can no longer utilize the room reduction policy. The cancellation penalty will apply only to the total number of rooms held as of the cancellation.
Custom FITs/Cruises/Flexible Group Bookings
You agree and acknowledge that any prices quoted at the onset of this agreement is subject to change and that the Company cannot guarantee continued availability of specific rooms, air schedules or pricing.
You agree and acknowledge that payment for individual rooms is the sole responsibility of individual guests. If the individual guests do not make the required deposit we will not make any reservations up until such time that a deposit is made. If the individual guests do not make final payments on time, their individual travel arrangements will be cancelled and the individual guest will forfeit any payments made earlier and the guest will be denied access to the booked travel services, subject to the application of local laws in the jurisdiction cited below in this agreement. In such an event, we will not be responsible in any way for lost deposits, incurred expenses or fees, or other lost monies.
Suppliers may impose supplemental price increases after we book travel plans (e.g., additional governmental taxes and fees, fuel surcharges, currency market fluctuations). Once the supplier contacts the Company, we will notify you and guests that have booked travel arrangements. All booked guests are responsible for paying these post-booking price changes. Any additional monies due will be added to the final payment amount due subject to applicable local laws.
Deposits and Payments
A deposit along with a completed registration form is required by all private and hosted group travelers. Unless otherwise specified, anyone of legal age to travel can join a preplanned hosted group travel event by securing their spot with a deposit as long as the final payment due date hasn’t passed and space is available.
Credit cards and bank transfers are the preferred method of payment. All payments are processed through Vacations by Paris, LLC (traveljoy/vacationsbyparis). Late payment fees and other fees are also processed through Vacations By Paris, LLC. Alternative payment methods may be discussed with Vacations by Paris, LLC.
Credit Card Change
The traveler can change their credit card information at any time by submitting a new credit card authorization form, along with a photocopy of the credit card and government issued ID.
Roommates and Payments
Roommates must complete separate registration forms and submit their deposits within 24 hours to secure a reservation. Once the registration form and deposit are received each roommate can make separate payments. All roommates must state who will be sharing rooms on the registration form. It is all of the roommates’ responsibility to ensure that their fellow roommates are making their monthly payments in order to avoid having the reservation occupancy rate being adjusted to match the number of travelers occupying the room. In this case, the remaining roommate(s) are responsible for paying the difference in price for the new adjusted occupancy rate. A summary of a roommate’s payments can be provided upon request.
Please Note: When making deposits on a vacation package inclusive of Flight & Hotel Accommodations, some suppliers apply payments to the air portion of the package first. If one traveler makes payments in larger amounts or quantities than their companion, funds are allocated towards both flights, regardless of which traveler made the payments. This can present an issue if the traveler paying less decides to cancel. Ideally all travelers should stick to similar payment plans and schedules. Please select your roommates wisely.
On certain itineraries Vacations By Paris reserves the right to institute a minimum monthly payment policy. The traveler will be notified of this before they make their deposit. Once a reservation is secured with a deposit, a minimum monthly payment installment must be received before or on the 15th of each month (or whichever date designated on the event’s page) or the reservation may be cancelled, and all previous payments will be forfeited. The amount of the minimum monthly payment installment will be specified on the event page. All late payments will incur a $25 late fee, per payment.
If a monthly payment installment cannot be made the traveler must email Vacations By Paris at email@example.com as soon as possible and/or no later than 48 hours before the payment installment is due so we are aware of the situation. A specific date of when you are able to make the payment must be included in the email; otherwise, your reservation may be canceled. A late payment fee of $25 must be paid to Vacations By Paris LLC. All late payments must be approved by the Vacations By Paris staff.
A declined payment will be resubmitted within 2 days. If the payment is declined the second time an email will be sent to request another form of payment. A late monthly fee of $25 will be required to be paid prior to the third attempt. After the third declined payment the reservation may be canceled and all previous payments will be forfeited.
Payment Processing and Invoicing
Payments will be submitted directly to Vacations by Paris, LLC and processed within 1-2 business days. Once the payment has been accepted by Vacations by Paris, LLC, the traveler will receive a receipt via email confirming the payment went through successfully. The receipt will also include the traveler’s remaining balance.
Cancellations and Changes: Hosted Groups & Group (if applicable)
Payments submitted to Vacations By Paris are non-refundable and non-transferable for future events due to the policies and contractual agreements. It is the traveler’s responsibility to insure they are able to attend and capable of paying for the event, along with any costs not included in the price of the reservation i.e. airfare, meals, activities etc. Travel insurance is highly recommended in order to protect their travel investment.
Cancellations and Changes: FITs and Cruise Bookings (if applicable)
The following fees are applicable for all changes/cancellations made on custom FIT and cruise bookings:
Name Change: $50 and any applicable supplier fee.
Cancellation Fee: $100, and any applicable supplier fee.
Cancellation fees charged directly by Vacations By Paris may not be covered by most travel protection plans.
If you have booked a flight and we are alerted to a significant schedule change by your airline before you leave the United States, we will contact you by your preferred method of communication to advise you of this. Please ensure that you have given your contact email address or phone number to us and that you regularly check for messages before you leave. We have no control over airline schedule changes and accept no liability for costs which may arise as a result of such changes.
After you have left the US, it is your responsibility to check with the airline that any onward flights you have confirmed are operating as booked. We strongly recommend that you contact your airline at least 72 hours before the scheduled departure of each flight to do this. Please note that for some airlines it is mandatory to confirm with them your intention to fly.
Cancellation of Hosted Group Travel
On rare occasions, Vacations By Paris, LLC must cancel a tour, either because there are not enough travelers to operate a tour with a minimum number of travelers required or for other events outside the control of Vacations By Paris, LLC. We will cancel tours due to lack of travelers prior to final invoicing however, we reserve the right to cancel any tour at any time up to the day of departure, due to no fault of our own.
In the event of a cancellation by Vacations By Paris, LLC, all monies paid to us for the canceled tour will be promptly refunded to the traveler. Vacations By Paris, LLC is not responsible for any penalties imposed by the airlines.
Departure From a Hosted Group Trip In Progress
Vacations By Paris, LLC reserves the right to remove any traveler from group trip should our representative(s) determine that the traveler cannot meet the physical requirements of the group travel as stated in the itinerary, or is disruptive to the tour time schedule or is adversely affecting the overall group dynamics.
In the event a traveler is removed from a group trip, Vacations By Paris, LLC will not refund any monies. Transportation costs to return home, airline penalties, and any other expenses will be the responsibility of the traveler.
In the event that a traveler voluntarily chooses to leave a group trip prior to its scheduled conclusion, Vacations By Paris, LLC will not refund any monies for the unused portion of the travel arrangements. Transportation costs from the group trip departure point to the airport, airline penalties, and any other expenses will be the responsibility of the traveler.
Vacations by Paris, LLC reserve the right to make itinerary changes as necessary. In the event there is an itinerary change, comparable lodging, meals and activities will be provided.
Use of Travelers’ Likeness In Promotional Materials
Photographs and video taken by Vacations By Paris representatives while on tour are the property of Vacations By Paris and may be used in promotional materials. Any traveler who does not wish to have their photograph or video footage used in promotional material MUST advise Vacations By Paris, LLC in writing no later than the tour’s final payment due date.
Our general practice is to send documents to our customers electronically/mail whenever possible.
- YOUR AGREEMENT WITH US
Your Acceptance of these Terms and Conditions
By booking your arrangement with us or using our website, you are agreeing to be bound by the terms of this Agreement, including Parts 1-3 of this Agreement and any additional terms and conditions of any Supplier that are applicable to your booking, travel arrangements or use of any website content. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. 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, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.
Activity Level and General Fitness
The activity level for all Vacations By Paris hosted group trips require walking and other physical exertion. On some tour days, between walking tours and personal exploration, participants can expect to walk 2-3 miles over the course of a day. Travelers are required to manage their personal belongings without assistance. For these reasons, our hosted tours are not suitable for anyone physically challenged, anyone who is walking impaired, or anyone who is a slow walker who cannot keep up with the pace of the group.
As a part of your travel arrangements you may have elected to participate in certain excursions available to you. Vacations by Paris, LLC does not warrant or guarantee the safety of the included or recommended excursions and by signing this agreement you waive all claims of negligence by Vacations by Paris, LLC in the recommendation of certain excursions.
Vacations By Paris will attempt to arrange a roommate for any traveler upon request.
Single room rates are available for travelers who choose to room alone.
After final payment, no changes can be made to the room type (double or single occupancy).
During the hosted trip, a room-sharing traveler who wishes to make a change in their rooming situation is responsible to make their own arrangements, and to pay for a separate room if single accommodations are desired.
Passport number, date of issue, expiration date, and all other pieces of data from the passport ID page are required to be submitted no later than the Final Payment due date. This information is required on all International trips and is only shared when required by local authorities.
It is the traveler's responsibility to insure their passport is valid at least 6 months past the last day of the group trip or obtain a new passport in a timely manner in order to submit passport information by the Final Payment due date.
If the traveler's passport information is not received at least 90 days prior to the travel group’s departure date, the traveler will receive a "final request" email that removal from the tour will result if the passport information is not provided within 72 hours (3 days) of final request.
Medical History Form
Information about medications, dietary, emergency contact, etc. is required to be submitted no later than the Final Payment due date. This information is held in confidence and is only used in case of an emergency.
If the traveler's medical information is not received by 30 days before travel, the traveler will not receive Final Travel Information until such time as the information is provided.
If You Cancel or Change Your Booking on a Group Trip
If you cancel your arrangements, you will not be entitled to a no refund. If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim your cancellation charges through your insurer.
If You Cancel or Change Your Booking on a FIT or Cruise Booking
Where a change requested by you to your travel arrangements is permitted and possible, our standard service fee of $50 will apply in addition to any additional Supplier charges. Please contact your original booking agent to inquire about changes. Please note that all reservation changes are subject to availability and the terms and conditions of the product purchased.
Changes to name details are not allowed by many airlines and other suppliers. While we will make every possible attempt to make such a change if necessary, please bear in mind that most airlines and suppliers treat a name change as a cancellation, to which standard conditions and charges would apply.
Flights must be taken in the sequence they appear on your ticket or e ticket confirmation. If you do not plan to take a flight as booked, please contact the airline as far in advance as possible to discuss your options. If you do not check in on time for a confirmed reservation, the airline may register you as a ‘no-show’, which could result in extra charges and/or your whole flight itinerary being cancelled and/or render your ticket void.
In addition to the cancellation terms and conditions of your Supplier(s), our standard $100 per person cancellation fee will apply (if applicable).
We need to receive from you your original voucher before any applicable refund can be considered.
If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim your cancellation charges through your insurer.
Important Notice Regarding Airline Reservations
If you arrive at an airline ticket or passenger check-in counter with your confirmed ticket and find that the airline shows no reservation for you – do not leave the counter. Check your ticket. If the status box shows "OK" for the flight in question, the airline policies typically require them to accommodate you on that flight, or if that is not possible, they must either find you a substitute flight or pay you denied boarding compensation. If necessary, ask to speak to a supervisor.
Travel insurance is a vital part of your arrangements. We strongly recommend or recommend that you purchase adequate insurance for the duration of your travel. Travel insurance is a mandatory element of some travel arrangements. We are able to arrange travel insurance for you, furnish a quote, and answer basic questions you may have regarding travel insurance. For policy specific questions, you will be directed to the travel insurance provider.
If You Have A Complaint
If you have a problem during your vacation, please inform the relevant supplier (e.g. your hotel) immediately. Should they be unable to resolve the matter, please immediately contact us using the contact information you were provided upon booking. If you fail to contact us in a timely manner, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away, and this may affect your rights under this Agreement.
Travel Documents and Destinations
It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies within 24 hours of booking. Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in the case of loss, theft, damage, etc.
Prior to booking international travel, we recommend that you review any U.S. Government’s prohibitions, warnings and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel in such a destination is safe or without risk.
You further agree that in connection with your activities, you will not permit the use of our services or website by anyone that resides or is staying in a country for which such use is prohibited under U.S. regulations.
Passport, Visa and Immigration Requirements
It is your responsibility to fulfill the passport, visa and other immigration requirements applicable to your itinerary. You should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility in the case of you being unable to travel due to not complying with any such requirements. U.S. Citizens should refer to the travel advice posted by the U.S. Department of State at travel.state.gov for all the countries you intend to visit. Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary.
If arranging your own flights, arrival and departure flight details must be submitted no later than the Final Payment due date in order to arrange transfers and to know when travelers are expected.
If travel arrangements are not received by 90 days before travel, the traveler will be placed in the final arrival transfer group on the arrival day and the first departure transfer group of the departure day (when transfers are provided).
Arrivals, Transfers, and Delays
Travelers arriving by air are responsible for allowing sufficient time to deplane, gather luggage and travel to the designated meeting location to join the group trip. Vacations By Paris, LLC will not delay the departure of the group for travelers arriving after the designated start time as listed in the individual itineraries. Travelers will be responsible for organizing transportation to catch up with the group.
Travelers are required to provide Vacations By Paris, LLC with their flight arrangements no later than the final payment due date of the tour. Travelers are also required to notify us in the event the airline should change the arrival or departure time of a flight.
If scheduled transfers are provided during a group trip, travelers who elect to take alternate transportation to the hotel, for any reason, will not be reimbursed for the transfer expense incurred.
Travelers who are delayed for whatever reason are responsible for notifying Vacations By Paris, LLC of their situation and to communicate regularly with us as to their anticipated arrival time. Delayed travelers are responsible for joining the group as soon as possible and at their own expense if their arrival occurs after the last scheduled transfer.
Airline use of Insecticide Spray
Some countries require insecticide spraying of aircraft prior to a flight or while you are on the aircraft. Federal law requires that we refer you to the Department of Transportation’s Disinsection Information page on their website at the time of booking for further information, https://www.transportation.gov/airconsumer/spray.
Hazardous Materials Disclosure
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: paints, lighter fluid, fireworks, tear gases, oxygen bottles and radio-pharmaceuticals.
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 review the information found at TSA’s prohibited items webpage at http://www.tsa.gov/traveler-information/prohibited-items.
The Company and its affiliates shall be excused from liability for the failure or delay in performance of any obligation under this Agreement by reason of any event beyond the Company’s reasonable control including but not limited to Acts of God, fire, flood, explosion, earthquake, or other natural forces, war, civil unrest, accident, any strike or labor disturbance, epidemic, pandemic or any other event similar to those enumerated above. Such excuse from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay in performance and provided that the Company has not caused such event(s) to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notice of the Company’s failure or delay in performance due to force majeure must be given to the affected Party promptly thereafter but no later than seven (7) days after it’s occurrence. The notice, delivered by email, fax, or postal mail, shall describe the force majeure event and the actions taken to minimize the impact thereof. All delivery dates under this Agreement that have been affected by force majeure shall be tolled for the duration of such force majeure.
Use of our Services and Website
You agree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or the rights of any third party, or (c) your use of our website.
- ADDITIONAL TERMS
Warranties, Disclaimers and Limitation of Liability
FOR THE AVOIDANCE OF DOUBT, REFERENCES HEREIN TO "US" "WE" AND "OUR" SHALL ALSO REFER TO OUR AFFILIATES OR INDEPENDENT CONTRACTORS. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR OUR SUPPLIERS OR PUBLISHED ON OUR WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO SUCH INFORMATION THAT APPEARS ON OUR WEBSITE.
WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
ANY RATINGS FOR SUPPLIERS ARE INTENDED ONLY AS GENERAL GUIDELINES, AND WE DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. WE MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR CONTAINED ON OUR WEBSITE FOR ANY PURPOSE.
THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES BY US DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES THAT OUR WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US OR OUR SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. WARRANTY DISCLAIMERS MAY VARY FROM STATE TO STATE.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF OUR COMPANY. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR OUR SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE OUR WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO US IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE, OR (B) ONE-HUNDRED DOLLARS (US$100.00) OR THE EQUIVALENT IN LOCAL CURRENCY.
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We reserve the right at any time to modify this Agreement without prior notice to you. Please refer to our website by going www.travelantics.com from time to time to review the most current version of the Agreement. Your continued access or use of our website or services signifies your acceptance of the modifications to the Agreement. You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity.
This Agreement shall be construed and enforced in accordance with the laws of the State of (Texas). In the event of any legal action or proceeding arising from this Agreement, the parties agree that the state court forum for said litigation shall be in (Harris County), in the court of appropriate jurisdiction, and that the federal court jurisdiction shall be in the (Southern District of Texas: Houston Division).
The parties hereto submit to the exclusive jurisdiction of such courts and hereby waive any objection or defense to such jurisdiction or venue, including any defense based upon inconvenient forum.
OCTOBER 26, 2020