TRAVEL CULTURE
​WEBSITE TERMS AND CONDITIONS OF USE
Terms of Use
These terms of use are entered into by and between you (“you” or “user”) and Travel Culture LLC, a Florida limited liability company, d/b/a Travel Culture, including its employees, directors, officers, shareholders, vendors, agents, or representatives (collectively, “Company”, “us”, “we”, or “our”), whose principal address is 30621 Tremont Drive, Wesley Chapel, Florida, USA 33543. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of this website, including any domains and subdomains, related web pages, content, functionality, products, and services offered on or through this website (collectively, the “Website”), whether as a guest or a registered user. Please read these Terms of Use carefully before using the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. This means that all of the content in the Privacy Policy is given the same legal effect as if it were listed here in its entirety. If you disagree with these Terms of Use or the Privacy Policy, please cease your access to and use of this Website. Your access to and use of this Website is conditioned on your acceptance of and compliance with these Terms of Use. These Terms of Use apply to you and all users who access this Website. By using this Website, you represent and warrant that you are 18 years of age or older and of sound mind. If you do not meet all of these requirements, please cease your access to and use of this Website. By accessing or using this Website, you agree to be legally bound by these Terms of Use.
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Changes
We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time, without notice to you or any user. All changes are effective immediately upon such change and publication thereof on this Website. Please regularly review these Terms of Use whenever you access or use this Website. We also reserve the right, at our sole discretion, to modify, remove, or replace any service, product, or content on this Website, without notice to you or any user.
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General Information
These Terms and Conditions are intended to be binding upon you and all users. Your continued use of this Website shall be construed as your acceptance and agreement to these Terms of Use, as amended. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, without notice. These Terms of Use permit you to use the Website for your personal, non-commercial use only. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. We have the right, in our sole discretion, to terminate or suspend your access to this Website, in whole or in part. You agree to cooperate with and abide by any of our requests, whether it be in regards to these Terms of Use, preserving the Company’s reputation, or any other reasonable and lawful request. Wherever you are located or wherever your points of access are located (including servers, VPNs, etc.), you agree to comply with the local laws related to those geographical locations.
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We invite you to contact us and welcome your inquiries and emails at emanuel.travelculture@gmail.com or jessica.travelculture@gmail.com.
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Intellectual Property
All intellectual property (including copyrights, trademarks, the domain name, logos, slogans, marks, names of the Company or its products or services, information, software, text, displays, images, video, audio, design, selection and arrangement thereof, and any and all other types of intellectual property) on the Website is solely owned by the Company. Your access or use of this Website does not grant you any license, whatsoever, to use the Company’s intellectual property without our explicit written consent. You are not allowed to print, copy, reproduce, create derivative works of, distribute, transmit, upload, download, store, display in public, alter, or modify any content which appears on this Website. The foregoing is protected by the laws of State of Florida, United States of America, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
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Prohibited Uses
You are prohibited from (i) using this Website for any unlawful purposes; (ii) introducing any malicious content, including trojan horses, worms, viruses, or any other harmful material to this Website; (iii) transmitting, procuring, or sending any advertising or promotional material without our prior written consent, including any junk mail, chain letters, or spam; (iv) impersonating or attempting to impersonate the Company or another user; (v) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Website, including its products or services, as determined in our sole discretion, which may harm the Company or other users of this Website, or expose them to liability; (vi) using any spider, robot, or other process, device, or means, whether automatic or manual, to access this Website, including data mining, copying, or monitoring this Website; (vii) using any software or device that interferes with the proper working of this Website; (viii) obtaining or attempting to obtain any unauthorized access to this Website, its server(s), database(s), computer(s), or any information thereon; (ix) attacking this Website with any denial-of-service (DoS) attack or commit any other cybercrime by, through, with, or to this Website; or, (x) otherwise attempting to disrupt or interfere with the proper working of this Website, or any related server(s), database(s), or computer(s). If you do any of the foregoing, whether willfully or negligently, you will be liable for any and all damages incurred by the Company.
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Access and Security
You are responsible for any and all information submitted to this Website. Please do not submit confidential or sensitive information. If the Website has a user login function, please do not share your username and password with any third-party. Any and all information submitted through any interactive feature on this Website is governed by our Privacy Policy. Upon submission of such information, you are consenting to all actions we take with respect to your information consistent with our Privacy Policy. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or internet browser so that others are not able to view or record your password or other personal information.
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User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with these Terms of Use. Any such posts submitted by you will be considered non-confidential and non-proprietary. By submitting any User Contributions on this Website, you grant us a right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. For each User Contribution, you represent and warrant that you own or control all rights of such contribution, have the right to grant the aforementioned license, and all User Contributions comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. In our sole discretion, we have the right to: (i) remove or refuse to post any User Contribution; (ii) take any action with respect to any User Contribution that we deem necessary or appropriate; (iii) disclose your identity or other information about you to law enforcement or any third-party who claims you violated their rights (intellectual property, privacy, or any other claim); and (iv) take any legal action we deem necessary or appropriate. We do not monitor this Website at all times and do not assume any liability for any action or inaction regarding any User Contributions. By using this Website, you agree that you have the duty to report to us any content that is inappropriate or otherwise violates these Terms of Use and that we rely on such reports to properly maintain and operate this Website.
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Hold Harmless, Indemnification, and Release
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
YOU WAIVE, HOLD HARMLESS, AND RELEASE THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION WE TAKE AS A RESULT OF THESE TERMS OF USE OR PURSUANT TO ANY REQUEST BY LAW ENFORCEMENT, LEGAL AUTHORITY, COURT ORDERS, OR SUBPOENAS. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR HARDWARE OR SOFTWARE, CORRUPT DATA, OR AFFECT OTHER PROPRIETARY MATERIAL DUE TO (i) YOUR USE OF THE WEBSITE, (ii) YOUR OBTAINING OF ANY SERVICES OR PRODUCTS, OR (iii) ANY DOWNLOADED MATERIALS OR LINKS ACCESSED THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.
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Content Standards
You agree to abide by the following standards regarding any information, content, or User Contribution: (i) comply with all applicable local, state, federal, and international laws, rules, and regulations; (ii) not include any material that is defamatory, obscene, violent, hateful, indecent, abusive, offensive, or otherwise objectionable; (iii) not include, support, or promote sexually explicit or pornographic material; (iv) not include, support, or promote human or sex trafficking; (v) not discriminate against anyone or entity on the basis of sex, race, religion, disability, nationality, sexual orientation, gender identity, or age; (vi) not infringe upon or misuse any patent, copyright, trademark, trade secret, or other intellectual property or other rights of any other person; (vii) not be deceitful, misleading, misrepresent, or false in any way; (viii) not impersonate or misrepresent your true identity or authority to anyone; (ix) not annoy, bully or cyberbully, stalk or cyberstalk, embarrass, harm (physically, mentally, economically, or emotionally), or be disrespectful to anyone; (x) not include, support, or promote unlawful activity; (xi) not advertise, solicit, or include commercial activity on this Website (except to the extent of such commercial activity only between you and the Website), including without limitation any sales promotions, bartering, contests, or sweepstakes; and (xii) not cause us, any other user, or any third-party to violate any of the foregoing.
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Posted Information
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
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This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
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Links and Social Media
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or commercially take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
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Any and all links provided on this Website are provided for your convenience and for general informational purposes. We do not adopt, make any representations on behalf of any third parties, promote, or support any linked or related content. This includes advertisements and sponsored links or content. Since we have no control over these items, we are not liable nor responsible for the same. If you choose to access these links, advertisements, or social media content, you do so at your own risk.
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Affiliate Disclosure
This Website may contain external links, and some, if not all, of those links may be affiliate links. If you click on any of those affiliate links and make a purchase, I may earn a small commission on qualified purchases. The commission is paid by the retailers, at no cost to you. We recommend products that we believe may be helpful to You. We hope these products and the affiliate relationships we've established with reputable retailers will help ease Your upcoming travel.
See Disclaimer of Warranties Section.
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Disclaimer of Warranties
We make no warranty, express or implied, or otherwise, in any way whatsoever, regarding anything on this Website, including the content, links, advertisements, or related webpages contained therein. In addition, we cannot guarantee any content, files, images, or anything else is free of viruses or damaging malware, as is true regarding anything on the internet. You are responsible for any and all firewalls, anti-virus or protection software, hardware or software protectionist technology, accuracy of all information, or any lost data. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. FURTHER, WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND RELATED TO THIS WEBSITE’S COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY, ERROR-FREE CONTENT, THE CURING OF ANY DEFECTS, OR WHETHER THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
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Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
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Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by, construed in accordance with the applicable laws of, and exclusively instituted in the applicable courts of: Hillsborough County, Florida, USA. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU AGREE YOU HAVE WAIVED SUCH AN ACTION.
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Miscellaneous
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. The Company reserves any and all rights and remedies at law. Any delay or failure to assert any right or remedy shall not be deemed a waiver. Only express waivers in writing signed by the Company shall be enforceable and valid. These Terms of Use constitute the sole and entire agreement between you and the Company with respect to the Website and shall supersede any prior understandings or agreements, whether oral or written.
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Other
In addition to the foregoing Terms and Conditions, please review the Privacy Policy and the below Contract which are incorporated wholly herein.
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CONTRACT
General
This contract ("Contract") is by and between you and any third parties in which you are acting on behalf of (including any minors, adult guests, travelers, employees, employers, contractors, or other person or entity), as the first party (collectively, "You" or "Guest"), and Travel Culture LLC, a Florida limited liability company, d/b/a Travel Culture, as the second party (the "Company").
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All Guest information that you provide to the Company is accurate, complete, up-to-date, legally recognized information, authenticated, and verified prior to providing the same to the Company. Each and Every Guest has duly issued government identification and passport, if applicable.
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All Guests must ensure passports do not expire within six (6) months after their scheduled return date. Failure to provide your passport information to the Company may result in an Other Fee, change fee, or denial of travel. All Guests must secure any applicable visas or other legally required travel documentation to allow the Guest to travel to all planned sites and destinations listed on the Package. Discrepancies in information provided to the Company or failure to comply with all deadlines may result in Other Fees, delays in receiving travel documents for your Package, or denial of travel. For information pertaining to U.S. passports, please visit the State Department Passport FAQ page.
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Vendors include, without limitation, airline carriers, hotels, transport suppliers, sites/destinations, lodging, restaurants, credit card processors, and others who supply products or services to Company and/or Guests.
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Package Prices, Fees, and Costs
Each travel itinerary, vacation package (including without limitation, reservations, airfare, lodging, ground or water transport, sightseeing or travel guides, meals, site or destination fees, port fees, taxes, and third-party, vendor, or carrier contracts/tickets/fees/costs/taxes, etc.), and other travel requests are custom made for each Guest (each, a "Package") based on the Guest's specific requests. If not specifically requested in writing by the Guest to the Company, then the Company has no duty to procure an estimate for the same. All Guests can request an itemized receipt for their Package(s). Below are other fees, costs, and other sums that may be incurred as applicable (collectively, the "Other Fees"):
Fees owed to the Company for its Services:
Service Fee: Each Package is subject to and shall be assessed a 10% service fee ("Service Fee") payable to the Company. You agree that such fee is reasonable and sufficiently compensates the Company for its services. This Service Fee shall be earned upon booking, confirmation, and reservation by the Company on behalf of the Guest. Additional fees may be incurred pursuant to this Contract.
Package Cancelation Fees: 5% of the full Package cost if canceled more than 90 days prior to the Package start date. 10% of the full Package cost if canceled more than 60 days, but less than 90 days, prior to the Package start date. 15% of the full Package cost if canceled less than 60 days prior to the Package start date.
Processing Fees: $200.00 fee per Guest request (name change, refund processing, cancellations {if only partial cancelations; full Package cancellations are governed by the above section}, deviations, modifications, special accommodations, refund processing, chargeback processing/disputes, etc.).
Insufficient Funds: $50.00 fee per returned payment for insufficient funds.
Late Payment Fees: $100.00 fee per late payment
Payment Processing Fees: Company reserves its right to charge a credit card or payment processing fee equivalent to the greater of the actual charge incurred by the Company or 5% of the payment.
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Costs owed to the Company for Charges Incurred by Third-Parties:
Any and all charges, fees, costs, or other sums charged by any third party related to the Package shall be paid in full by the Guest. These may include fare differences, taxes, port fees, vendor fees or costs, and all other fees, costs, or taxes, as applicable. Guests are encouraged to review any and all contracts, policies, regulations, or other relevant information pertaining to each of the third-parties engaged by the Company on behalf, and at the instruction of, the Guest. You agree that you have had sufficient opportunity to review such contracts, policies, regulations, or other relevant information pertaining to each of the third-parties engaged by the Company on your behalf and understand each of the terms and conditions of the same. In the alternative, you have had sufficient opportunity to obtain counsel to represent your interests or explain such terms to you.
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Estimates
Any estimates provided by the Company are only valid for that day and are only a good faith estimate by the Company for the Package cost. The Package cost may change at any time, with or without notice, and is subject to change at all times. You acknowledge that vendor availability and pricing is limited and may change at any time. The Company can only provide estimates based on information published by such vendor and is not liable for any changes. Guests shall assume the risk of any changes in the Package prices. All prices quoted in any estimate are subject to change due to currency fluctuations, vendor policies, airline fare or alternative travel fee changes, taxes, fuel increases, unforeseen circumstances, or any other reason deemed adequate in the sole and absolute discretion of the Company.
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Any estimate may contain inaccuracies or nonfinal details and may materially change when the Package and itinerary is finalized. The exact sites or points of interest, order of sites or points of interest, dates and times, total number of days, meal inclusions, and/or other details may be altered to accommodate changes in airfare, hotel schedules, local conditions, or other reasons. You acknowledge such possibility for changes and disclaim any claim or cause of action against the Company.
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No Chargebacks
You also agree to irrevocably waive your right to contest, dispute, or chargeback any sums paid to the Company, in whole or in part, specifically including without limitation the Service Fee. All payments made to the Company or related in any way to your Package shall be irrevocable, undisputable, and shall not be charged back, contested, or challenged now or in the future. Doing so is a material breach of this Contract for which the Company shall be entitled to its attorneys' fees and costs, and labor fees and costs associated with addressing a chargeback in addition to the amount challenged. Any chargeback attempts will be subject to an additional $200.00 administrative cost that will be immediately due and payable to the Company. Any chargeback attempts may also result in the immediate cancelation or modification of your Package.
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Payments
Unless otherwise permitted by the Company in writing, Guests shall pay all requested sums to the Company at least five (5) business days in advance of the Company confirming, purchasing, or otherwise reserving your Package. The Company shall have absolutely no obligation to purchase, confirm, or reserve any Package, in whole or in part, prior to full and complete payment for the entire Package by the Guest to the Company. In its sole discretion, Company may agree to allow the Guest to pay for the Package in installments or via a payment plan. In the event the Guest does not timely pay the amounts due to the Company, in whole or in part (including the Service Fee), the Company reserves its right to modify or cancel any and all Packages, reservations, tickets, vendor/carrier/third-party contracts, and any other items in an effort to mitigate its losses. The Guest shall be solely responsible for any and all fees, costs, and losses incurred by any cancelation or modification of the Package at all times.
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Cash, check, online payment transfers, ACHs, wire transfers, and card payments are accepted. All checks must be made payable to Travel Culture. All credit card payments are subject to credit card processing fees.
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Refund Policy
You irrevocably agree that all payments to the Company are nonrefundable. If any refunds are requested by the Guest, then the Company will endeavor to accommodate the Guest's request, but the Company does not guarantee any payments are refundable. Depending on the vendor's policies, vouchers or credits may be obtained by the Company on behalf of the Guest in lieu of a refund. At all times, the Company's Service Fee and Other Fees are nonrefundable.
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Changes
All changes are subject to availability. Company cannot guarantee that the Guest's change requests can be accomplished. The Package details or itinerary is subject to change at the vendors' sole discretion, due to weather and time allowance, or for any other reason or no reason at all. You assume the risk of any and all changes occurring and release the Company from any claims or liability related thereto. Any deviation requests, whatsoever, to the Package, the itinerary, or travel arrangements must be made in writing to the Company and are subject to availability and applicable additional fees/costs by the Company or applicable vendors.
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Travel and Medical Insurance
All Guests are hereby advised to obtain travel and medical insurance. Travel insurance does not render your Package refundable, but can help avoid or help pay for unexpected costs that may be incurred while travelling. Medical insurance may or may not cover all or any of your medical expenses outside of your policy terms. Only you are responsible for confirming your coverage terms, limits, and policies.
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Airline Routes, Tickets, Flight Times, and Fees:
The Company does not guarantee the most direct airline or travel route(s). Air transportation to/from your destination will be in economy class, unless otherwise prearranged with the Company, under applicable fare rules and regulations. If you choose to depart from a different city than your group or deviate your flight and/or trip plans, and/or are taking a pre or post tour, you may fly on a different scheduled flight(s) than the rest of your group, which may increase fees and costs. Flight times are subject to change by the airline carriers without advance notice. The Company is not responsible for such changes or delays and does not reimburse expenses resulting or relating to such delays. You may incur an additional fee by the airline carrier for baggage. These fees vary by airline and are at the airline’s discretion on each segment of the flight itinerary. Additionally, you may incur optional fees from the airline (e.g. wifi, food, beverages, alcohol, excess baggage, overweight baggage, etc.), all of which are excluded from your Package and may be purchased separately (but may not be required).
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Vendor Disclosures and Policies
Please refer to all vendor policies and disclosures. All guests will be responsible for all fees and costs assessed by vendors.
Cancellation Policy
A Guest may request to cancel their Package, subject to all other provisions and policies herein, including all applicable fees and costs. Cancellation of the Package may not result in any refunds.
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Fit to Travel Representation
All Guests accept the responsibility for being in good health and able to walk and travel. Because many of the points of interest and itinerary sites are not accessible to the physically challenged those needing oxygen, wheelchairs, or other ambulatory assistance may find their experience on the Package to be extremely limited or reduced. You understand and assume all health risks, including physical and mental, that you may be exposed to on your Package, including without limitation, any food or wildlife allergies, weather conditions, heat or cold, altitude sickness, and other conditions.
Group Travel
All Guest applications will be processed by the Company and must be approved by Company prior to formal acceptance and registration as a Guest on any group travel Package. All Guest approvals and travel denials are made in the sole and absolute discretion of the Company. All Guests should obtain traveler’s and medical insurance prior to the Package start date. Each Guest expressly disclaims and waives any claims or causes of action against the Company, including without limitation any claim arising out of Guest’s failure to obtain or maintain sufficient traveler’s or medical insurance. The Package is subject to change at the Company's sole discretion, due to weather and time allowance, or for any other reason or no reason at all.
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Guest Compliance
All Guests must follow all local laws, ordinances, or instructions from applicable authorities. All guests must follow any and all rules, regulations, instructions, or guidelines implemented by the Company and vendors, which are subject to change at any time.
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Release of Liability and Waiver
Each Guest shall be subject to a release and waiver of liability, of which is below and incorporated by reference into this Contract.
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Acceptance
By engaging the Company for its services or upon tendering any payments, you accept all of the terms and conditions herein, jointly and severally with any other Guest related to the Package, either as the financier, payor, or a traveler.
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Attorneys' Fees and Costs
The prevailing party in any litigation shall be entitled to reasonable attorney’s fees and costs payable by the non-prevailing party. Company shall also be entitled to any and all attorneys' fees and costs incurred in the enforcement of this Contract, regardless of whether or not any lawsuit is filed, including in any arbitration, mediation, pre-suit enforcement action, collection, or other enforcement method, all payable by the Guest(s), jointly and severally.
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Release Information
Payment of any sums to the Company indicates your permission for the Company or its agents to record the Guest’s participation and appearance on video tape, audio tape, film, photograph, or any other medium and to use the Guest’s name, likeness, voice, comments, submitted documentation, written papers, and/or biological material without restrictions or limitation for any advertising, marketing, publicity, educational, or promotional purpose which the Company or its agents deem appropriate, unless the guest otherwise notifies the Company in writing prior to Package start date. The foregoing constitutes an unlimited and perpetual license granted by you to the Company, of which the Service Fee is full compensation for such license. Except where otherwise stated, the Company acts only as an agent for the relevant vendor or supplier and in no event shall the Company be liable for failure by any such supplier or vendor to render any transportation, lodging, or other travel service to be provided on the Package. Company shall not be liable for and Guest shall assume all risk for any injury, death, damage, loss, theft, accident, delay, or irregularity which may occur by any reason of any negligent or willful act or omission of any suppliers of service relating to the Package. Company does not own or operate any of the vendors. Notwithstanding the foregoing, guest agrees to hold the Company harmless for any defect in any vehicle, plane, boat, bus, car, van, vehicle, carrier, act of war or insurrection, terrorist activity, revolt or other civil uprising, military action, strikes or labor unrest, Act of God, or for any other act or omission of any third-party or vendor.
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Governing Law
The law in the State of Florida of the United States of America, will be applicable to any dispute arising out of this Contract. Any and all litigation must be brought only in Hillsborough County, Florida, of which each Guest agrees to be the sole venue for such litigation.
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Other
In addition to the foregoing Contract, please review the Privacy Policy and the Terms and Conditions which are incorporated wholly herein.
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License
Travel Culture LLC d/b/a Travel Culture is registered with the State of Florida, USA as Seller of Travel. Registration No. ST44203
Release and Waiver
THIS RELEASE OF LIABILITY AND WAIVER (the “Release”) is a full and complete release of any and all liability and waiver of any claims or causes of action against Travel Culture LLC, a Florida limited liability company, d/b/a Travel Culture and its employees, officers, members, shareholders, directors, agents, vendors, servants, successors, assigns, and any other person or entity related to or associated with, in whole or in part, directly or indirectly with the Package in any capacity or by any nature whatsoever, specifically including without any limitation thereof, Emanuel Mazariego and Jessica Mazariego and their heirs (collectively, the “Company”), by you, the undersigned (referred herein as "you", "I", "Participant", or "Guest"), as of the effective date affixed below, as follows:
WHEREAS, the Company has prepared a Package for your benefit and at your request, pursuant to the terms of the Contract;
NOW THEREFORE, for the mutual consideration, which is hereby acknowledged as sufficient, the undersigned hereby agrees and acknowledges as follows:
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I agree the Company shall not be liable for any injuries or any damage to you, any participant, guest, traveler, or their property, or be subject to any claim, demand, wrongful death, property damage, or other injury or damages, whether physical or emotional or relating to property, and causes of action of every kind, whatsoever, whether or not asserted, known, unknown, now-existing, hereafter arising, or the future revelation of such claims, including without limitation, those damages from willful acts or omissions and acts of passive or active negligence, including gross negligence, on the part of the Company and expressly waive any such claims. I hereby expressly forever release and discharge the Company and hold the Company harmless from all such claims, demands, injuries, damages, actions or causes of action of every kind, which expressly includes any such claims based on the Company’s own neglect or willful acts or omissions, including those such acts which may have occurred in the past, which may occur in the future, or which may be continuing as of the effective date herein associated with the Package.
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I expressly agree to hold harmless and indemnify the Company against any claim, demand, injury or damages, whatsoever, based in whole or in part on my direct or indirect act or omission, whether willful or by my own passive or active negligence, including any violation of any clause in this Release or misrepresentation made herein.
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I agree to hold harmless and release the Company from any liability whatsoever in connection with the Package.
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I attest that I am physically able to participate in the Package, have had all the requisite vaccinations for international travel, and agree that I am solely responsible for my own health, including pre-existing, future-acquired, or unknown conditions.
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I agree to follow any and all instructions from the Company and act reasonably and with due care at all times.
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I attest that I am over the age of 18 and am competent to understand the terms of this Release.
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I agree to follow all required local and international laws, governmental orders, and regulations before, during, and after the Package.
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I acknowledge and expressly assume the risks in connection with the Package, including without limitation, monetary damages, reputational or physical or mental or emotional injuries, falls, fractures, concussions, dangerous weather, overexertion, overheating, physical strains, wildlife, hostile or aggressive animals, bug bites/stings/injuries, collisions, death, infection, drowning, traffic, injuries or damages resulting from my willful or negligent deviation from the Package's itinerary or Company’s instructions, injuries or damages resulting from my negligence or inability to avoid or evade obstacles or other hazards, injuries or damages resulting from my lack of fitness or conditioning, willful acts or negligence of others, loss of control, equipment failure, chemical injuries, burns or cuts, disfigurement, loss of consortium, allergic reactions, aggravation of pre-existing conditions, contraction of COVID-19 or other virus, foreign illnesses or infections, food-borne illnesses, pickpocketing, lost baggage or other personal property, kidnapping, warfare, acts of terrorism, acts of God, crime, acts of domestic or foreign government including without limitation denial of my boarding a plane (or other transport) or entry into any country or province during the Package, compulsory quarantine or other pandemic-related government mandates or laws, failure or inability to reasonably accommodate a disability, other injuries or damages, inconveniences, extra fees or charges or expenses, losses, or damages that may in any way be related to my traveling on this Package.
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I acknowledge that the Package itinerary is subject to change at any moment, without notice, and I will solely bear the cost of such change(s) and release the Company, as set forth herein, of any liability and damages related to any changes whatsoever related to the Package, the flights or airfare, alternative transportation, government charges, or the itinerary.
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I understand I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the Company. I give permission for the Company to take photographic or video recordings that may be used for social media/websites, promotional, or educational use. I understand that my image may be edited, copied, published, or distributed and waive any right to inspect or approve the finished product(s) wherein my likeness appears. Additionally, I grant an unconditional license to the Company for the foregoing and my likeness and waive any right to royalties or compensation related to the use of such images or recordings.
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I ACKNOWLEDGE THAT I HAVE READ THIS RELEASE IN ITS ENTIRETY AND FULLY UNDERSTAND THAT THIS IS A WAIVER AND RELEASE OF LIABILITY FOR MYSELF, THE GUESTS, AND/OR ANY MINORS I ACT AS LEGAL GUARDIAN FOR.