1. TRAVELER’S BOOKING TERMS AND CONDITIONS; SCOPE OF COMPANY’S TRIP SERVICES.
These Terms and Conditions (these “Terms”) govern each user’s (“you”, “your”, or “user”) access to and use of the site at allezabroad.com (the “Website” or “Company Website”) which is owned and/or operated by France Travel Makers, a Florida LLC (“Company”, “Allez Abroad”, “we”, “us”, “our”), and any other products, other apps or other platforms the Company offers (hereinafter, the Website and these other products, mobile applications, other apps and/or other platforms are collectively referred to as “Company Programs”).
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CONTINUING TO USE OR OTHERWISE ACCESS THE SITE OR ANY OTHER COMPANY PROGRAM (INCLUDING WITHOUT LIMITATION STARTING TO BOOK ANY TRIP), YOU HEREBY AUTOMATICALLY AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THIS AGREEMENT (AS DEFINED ABOVE), AS PRESENTED TO YOU AS OF THE DATE OF YOUR FIRST USE OF EITHER THE SITE OR ANY OTHER COMPANY PROGRAM.
NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS AGREEMENT WILL BE ACCEPTED BY THE COMPANY. THUS, IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT ACCESS OR OTHERWISE USE THE SITE OR ANY OTHER COMPANY PROGRAMS.
THIS AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND YOU SHOULD DOWNLOAD AND PRINT THIS ENTIRE AGREEMENT FOR YOUR RECORDS.
1. Definitions. The following terms have the following meanings:
1.2 “Booking(s)” or “Book a Trip” has the meaning set forth in Section 1 herein.
1.3 “Host” means the influencer, entrepreneur, or other business that hosts a Trip which Travelers can then Book by using the Company Website or other authorized Company Program.
1.4 “Traveler” means any individual user of the Company Website or other authorized Company Program who Books a Trip using such a Company Website or other Company Program.
1.5 “Trip” means the itinerary with identified host, dates, and price as more specifically described in the Company Website.
1.6 “Trip Payments” means the Trip payments that will be processed by Company as follows:
1.6.1 The Trip payment that the Company will process on behalf of the Traveler who Books a Trip through the Trip Services, such payments to be processed and made by the Company on behalf of the Traveler to the third parties as described in, and otherwise pursuant to, the terms and conditions of the Bookings.
1.7 “Trip Services” means the following:
1.7.1 For Travelers, it has the meaning set forth in Section 2 herein;
1.7.2 For Hosts, it means the service offered to Hosts through the Website or other Company Program to assist the Host in coordinating certain logistics of a Trip for Travelers and Organizers; and/or
1.7.3 For Operators, it means the service offered to Operators through the Website or other Company Program to assist the Operator in coordinating certain logistics of a Trip for Travelers and Hosts.
1.8 “Trip Credit”: voucher payment which must be applied towards a new trip within 365 days of issue.
1.9 “Reschedule” means a trip that has been postponed due to a Force Majeure event. The newly scheduled dates will be within 14 months of the previously planned departure.
1.10 “Cancellation” means any significant date alternation not caused by a Force Majeure event or the complete removal of a trip from sale and future operation by any party.
2.1 Booking: Company’s Trip Services for Travelers.
2.1.1 All bookings of a Trip by a Traveler must be made with the Company by using the Website or another authorized Company Program that has been made available to the Traveler by the Company. By booking a Trip (“Booking(s)” or “Book a Trip”) with the Company you hereby are deemed to have agreed to this Agreement, including without limitation all of the provisions of this Section 2 governing the Booking, and your Booking will only be accepted by the Company on this basis. Unless otherwise stated on your Trip Page cancellation policy, your payment terms are specifically defined below.
2.1.2 The Trip services to be provided by the Company when a Traveler books a Trip when using the Company Website or any other Company Program will be limited to acceptance of the Booking and the Company’s processing of Trip Payments (as defined above) as described in that Booking (the “Trip Services”). FOR CLARITY, AND WITHOUT LIMITING THE FOREGOING IN ANY WAY, THE TRAVELER HEREBY ACKNOWLEDGES AND AGREES THAT THE SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY OF THE COMPANY RELATED TO OR ARISING OUT OF THE BOOKING AND THE TRIP SERVICES SHALL BE LIMITED TO THE COMPANY’S PROCESSING OF THE TRIP PAYMENTS TO THE APPROPRIATE THIRD PARTY PURSUANT TO THE TERMS AND CONDITIONS OF THE PARTICULAR BOOKING.
2.1.3. All other services to be provided related to the Booking are the sole and exclusive responsibility of the Operator of the Trip (the “Operator”) identified in the Booking (or the Host, as applicable), and are subject to the terms and conditions of any agreements between you and the Operator (or any Host, as applicable). The Operator is solely responsible to you for honoring any confirmed Bookings and making available any Trips reserved through the Services. The Operator is also solely and exclusively responsible to provide all information legally required to be provided to you. If you choose to enter into a transaction with an Operator for the Booking of a Trip, you hereby agree to accept any terms, conditions, rules and restrictions associated with such Booking imposed by the Operator and will receive necessary information from the Operator only. You further acknowledge and agree as follows with regard to all Bookings involving all such Operators:
(a) The Company is not a party to your agreement with any Operator but only acts as a neutral third party that facilitates you being introduced to that Operator;
(b) The Company’s sole responsibility under this Agreement, including without limitation with regard to all Bookings and Trip Services, is to transmit the Trip Payments to that Operator; and
(c) The Company does not have and does not accept, any responsibility arising from or related to any of your agreements with the Operator or any other third party unless explicitly required by applicable law.
2.2 Down Payment Requirement. A Traveler is required to pay a $500 down payment (“Down Payment”) per person per Booking to be confirmed. Your Down Payment is not refundable. If your Booking is made within 30 days of the departure date identified in the Booking (the “Departure Date”), then the full amount is payable at the time of Booking and is deemed the Down Payment for purposes of this Agreement.
2.3 Payments through Affirm or another 3rd party system: If a Traveler chooses to finance their trip through Affirm, the Terms remain binding and valid in all respects, including without limitation all payment obligations. Your payment agreement with Affirm is separate to Allez Abroad and you will be subject to their terms and conditions.
2.4 Acceptance of Booking and Final Payments. If the Company and Host accept your Booking, we will issue a confirmation email. A contract will exist between the Company and you, the Traveler, for only the Trip Services described in Section 2.1 of this Agreement, such agreement to commence as of the date we issue the confirmation email, or if you Book within 30 days the Departure Date, the contract will exist when we accept your payment. Please refer to your Booking confirmation email for details regarding final payments. Payments, other than the Down Payment, made towards the balance of the Booking are referred to as the “Additional Payments”. Payment of the balance of the Booking price is due 30 days before the Departure Date. If this balance is not paid on or before the due date, we reserve the right to cancel your Booking, subject to the cancellation and refund policy provided below. All credits provided in this Agreement must be used within 12 months of the date of cancellation.
2.5 Prices & Surcharges. Prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means prices may vary at any time. It is likely that different passengers on the same trip have been charged different prices. Discounts cannot be combined. A maximum of one discount may be applied per traveler per Booking. Any reduced pricing or discounts that may become available after you have paid your Down Payment will not apply to your Booking. If you wish to cancel your Booking to take advantage of a cheaper price, full cancellation conditions apply. Prices are all presented in USD. We reserve the right to impose surcharges up to 60 days before the Departure Date due to unfavorable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances, we will be responsible for any amount up to 2% of the Booking price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the Booking price, you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. Please note that a surcharge may be applied to all purchases made by credit card.
2.6 Your Details. In order for us to confirm your travel arrangements for the Booking of your Trip, you must provide all requested details prior to Departure Date. Necessary details vary by Booking, and may include without limitation, full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Failure to provide requested details may result in additional charges or non-refundable cancellation of your Booking.
2.7 Cancellation by the Traveler. If you cancel some or all portions of your Booking, cancellation fees will apply. A cancellation will only be effective when we receive written confirmation of the cancellation. Payments shall be refundable pursuant to the following:
2.7.1 Within 60 Days of Booking: Travelers who cancel their booking within sixty (60) days from the Booking Date shall be eligible for a refund of Additional Payments, excluding the non-refundable Deposit.
2.7.2 After 60 Days from Booking: Travelers who cancel their booking on or after the sixty-first (61st) day from the Booking Date shall not be eligible for any refunds, including Additional Payments and the non-refundable Deposit.
2.7.3 If you leave a trip for any reason after it has commenced, we are not obliged to make any refunds for unused Services. If you fail to join a Trip, join it after departure, or leave it prior to its completion, no refund will be made.
2.8 Cancellation by the Company.
2.8.1 For any Reason. We may cancel a Booking for any reason up to 45 days before the Departure Date. Except as provided below, if we cancel your Booking, you can transfer the Down Payment (minus the airline ticket if it has been issued) and Additional Payments to an alternate Departure Date or receive a refund. In case of any cancellation for any reason, we are not responsible for any incidental expenses that you may have incurred as a result of your Booking, including but not limited to, visas, vaccinations, unfavorable exchange rate fluctuations, travel insurance excess or non-refundable flights.
2.8.2 Force Majeure Event. Notwithstanding the above, the Company shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (including without limitation any terms of a Booking), when and to the extent such failure or delay is caused by or results from acts beyond the Company’s reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, pandemics, epidemics, drought, bushfire, storm or other natural disaster, explosion, or public health and safety emergency characterized by an applicable government authority; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) other events beyond the reasonable control of the Company. In case of a Force Majeure Event, the Company shall reschedule your Booking for a future date and provide you written notice of the same. Within 30 days of notice of the Force Majeure Event, you may cancel the rescheduled Booking and will be granted (j) a credit In the amount of the Down Payment (minus the airline ticket if it has been issued); and (k) either a credit or a refund of the Additional Payments.
2.8.3 Cancellation due to insufficient enrollment. In the rare event that a scheduled trip fails to reach the required minimum number of participants for viability, the Company reserves the right to cancel the trip. The minimum number of participants required for a trip to proceed shall be specified in the trip’s promotional materials and booking documentation. Refund procedure in case of insufficient enrollment is as follows, in the event of trip cancellation due to insufficient enrollment, the Company will promptly issue a refund to all affected travelers. The refund amount shall be equal to the total trip cost paid by the traveler, minus any transaction fees charged by Stripe or other payment processing providers (“Transaction Fees”). Travelers will be notified of the trip cancellation and the associated refund process via email or other suitable means. The Company will make reasonable efforts to provide timely notice.The Company will initiate the refund process without undue delay upon trip cancellation. Please note that the actual refund processing time may vary based on the policies and processing times of Stripe or other payment processing providers.Transaction Fees incurred as a result of processing payments through Stripe or other payment processing providers are beyond the Company’s control. Travelers acknowledge and accept that Transaction Fees may be associated with their payments. Travelers are solely responsible for any Transaction Fees associated with their payments, whether for booking or refund purposes. The Company will deduct Transaction Fees from the refund amount, and the remaining balance will be returned to the traveler. This Policy shall not apply to situations other than trip cancellation due to insufficient enrollment, which is the sole circumstance in which Transaction Fees may be deducted from a refund. The Company reserves the right to amend this Policy at any time, with or without notice, to address evolving business needs, regulatory changes, or other factors. The most recent version of this Policy shall be posted on the Company’s website and shall supersede all prior versions.
2.9 Cancellation by Operator.
2.9.1 If an Operator cancels the Trip with more than 30 days’ notice prior to the Departure Date, and does not reschedule the Trip, you may elect to obtain a full refund of the Down Payment (minus the airline ticket if it has been issued) and Additional Payments, or a credit in the amount of the Down Payment and Additional Payments.
2.9.2 If an Operator reschedules the Trip and your Booking with more than 30 days’ notice prior to the departure date, you shall be granted a credit in the amount of the Down Payment (minus the airline ticket if it has been issued), and at your election, a credit or full refund of the Additional Payments.
2.9.3 If an Operator cancels the Trip with 30 days or less notice prior to the Departure Date,
a. If the cancellation was caused due to Operator error or negligence, Allez Abroad may, but is not obligated, to recover funds from the Operator and issue a refund to you accordingly;
b. If the operator cancels a Trip due to a Force Majeure Event, any recovered funds will be refunded to the Traveler.
2.10 Cancellation by or Removal of Host.
2.10.1 Except in the event of Force Majeure, if the Host cancels your Trip and/or Booking prior to 45 days of the Departure Date, you can transfer the Down Payment (minus the airline ticket if it has been issued) and Additional Payments to an alternate Departure Date or receive a full refund.
2.10.2 Except in the event of Force Majeure, if the Host cancels their participation in your Trip within 45 days of the Departure Date, the Trip will continue as planned and the Booking shall remain subject to these terms including, without limitation, the Traveler cancellation restrictions in Section 2.7 above.
2.10.3 In case of any cancellation for any reason, we are not responsible for any incidental expenses that you may have incurred as a result of your Booking, including but not limited to, visas, vaccinations, unfavorable exchange rate fluctuations, travel insurance excess or non-refundable flight.
2.11 Inclusions & Exclusions. Unless specified in your contract with the Operator, the price of your Booking includes:
- All accommodation as listed
- All transportation as listed
- Activities listed
- Meals as listed
- Trip leader as listed
Otherwise, the price of your booking does not include any other services or products, and excludes without limitation, the following:
- International or internal flights unless specified
- Taxes and excess baggage charges unless specified
- Meals and Beverages other than those specified
- Visa and passport fees
- Travel insurance
- Optional activities and all personal expenses
- Tour guide tips
2.12 Age & Health Requirements. You must be at least 18 years of age to use the Trip Services, including, without limitation, booking any Trip. If you are Booking for an additional Traveler who is a minor or if you bring a minor to a trip, you must be at least 25 years of age, be legally authorized to act on behalf of the minor, and provide an executed guardian waiver in a form acceptable to the Company, in its sole discretion. You are solely responsible for the supervision of that minor. By Booking a trip using the Trip Services, you confirm you are at least 18 years of age. It is your sole responsibility to ensure that you are suitably fit to allow full participation in the trip and to obtain proper and detailed medical advice for the latest health requirements and recommendations for your destination. Allez Abroad and our local Operators reserve the right to remove any Traveler, or deny any paid service to a Traveler, due to concerns over the health and safety of the individual or the group as a whole. Any health or safety-related removal or denial is at the discretion of Allez Abroad and/or the authority on Trip.
2.13 Passport and Visas. You must carry a valid passport and obtain all of the appropriate visas, permits and certificates for the countries which you will visit during your Trip. Your passport must be valid for 6 months beyond the duration of the booking. It is your sole responsibility to ensure that you are in possession of the correct visas, permits and certificates for your Trip. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
2.14 Travel Insurance. Travel insurance is recommended for all our travelers and should be taken out at the time of Booking. Your travel insurance should provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of $200,000 USD for each of the categories of cover. We also strongly recommend the travel insurance policy include coverage for cancellation, curtailment, personal liability and loss of luggage and personal effects. If an Operator requires travel insurance, you will be advised a minimum of 90 days prior to departure. A policy holder and policy number in the Traveler’s name must be provided to the Company at minimum of 72 hours prior to departure.
2.15 . You agree and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each Booking is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport are subject to alteration without prior notice, and the Company is not liable for any such changes.
2.16 Change of Itinerary. The Operators reserve the right to change the Trip itinerary. Please refer to our Website or other Company Programs before departure for the Operator’s most recent updates to the trip itinerary. It Is the Operator’s, and not our, sole responsibility to update the Booking itinerary.
2.16.1 Before Departure. If the Operator makes a major change, we will inform you as soon as reasonably possible if there is time before the Departure Date. The definition of a major change is defined as a substantial alteration to an itinerary which can include but is not limited to; length of stay, departure date, and overnight location outside of 100-mile radius of the advertised location.
2.16.2 When a major change is made, you may choose between accepting the new itinerary, or canceling your Booking and obtaining a Trip Credit (minus the airline ticket if it has been issued), to be used on an alternative departure.
2.16.3 After Departure. The Operators reserve the right to change an itinerary after Departure Due to local circumstances or events outside of their control. The additional cost of any necessary itinerary alterations will be your sole responsibility. Please note we are not responsible for any incidental expenses that may be incurred, including without limitation, expenses incurred as a result of the change of itineraries such as visas, vaccinations, or non-refundable flights.
2.17 Authority on Trip. If you fail to comply with a decision made by an Operator or any Trip Leader identified by the Operator or interfere with the well-being or mobility of the group, the Operator or trip manager, if identified in the Booking, may direct you to leave the trip immediately, with no right of refund. The Company may also elect to not provide you Services in the future. You must at all times comply with the laws, customs, foreign exchange, and drug regulations of all countries visited, and you also agree to travel in accordance with the Company’s responsible travel guidelines.
2.18 Acceptance of Risk. You acknowledge that the nature of the Trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural, and geographical attributes present dangers and physical challenges greater than those present in our daily lives. It is your sole responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.
2.19 Optional Activities. Optional activities not included in the Booking price do not form part of the Booking or this Agreement. You accept that any assistance given by your group leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider or Operator.
2.20 Claims & Complaints. If you have a complaint about your Trip, please inform your Trip Leader identified by the Operator at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to the Company within 30 days of the end of the trip.
2.21 Severability. In the event that any terms or conditions related to the Booking or the Trip Services, or any other terms and conditions contained in this Agreement, are unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
2.22 Photos and Marketing. You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes. If you would prefer not to participate in marketing photos or promotional materials, please kindly inform us of your preference by providing written notice to email@example.com
2.24 Pre-Trip Behavior. The Company may cancel a Booking at any time prior to the Departure date due to any Traveler actions, inactions, communications, or any other behavior that the Company deems to be a security concern, or that may impact the dynamic and safety of the Trip, as determined by the Company in its sole discretion. In the event of such cancellation, you may not be entitled to any refund or compensation. The Company may also elect to not provide you Services in the future.
2.25 COVID-19 Vaccination Requirements. Some Hosts may require that all Travelers on the Trip are fully vaccinated against COVID-19. This requirement will be displayed via website copy at the time of Booking. If required, on the Departure Date, all Travelers must certify that they have been fully vaccinated as defined by the relevant national authority by Departure Date. The Host vaccination requirement is in addition to the vaccination and/or testing requirements enforced by the local authorities within the destination of travel. The Company will not facilitate the collection of proof in regard to vaccination status and is not responsible for providing or verifying this information. The host is solely responsible to implement, administer, and enforce such vaccination requirements. Traveler agrees and acknowledges that the Company disclaims all liability related to such vaccine requirements and the implementation and enforcement of such requirements.
2.26 Luggage Restrictions. All travelers are allowed to bring one large piece of luggage (not exceeding 23kg (50lbs) in weight, with the dimensions (30” x 18” x 10”), one small carry-on (12”x11”x6”), and a personal item). Any additional luggage brought on a trip without Company’s pre-approval may result in additional storage fees to be paid by the Traveler.
2.27 On-Trip Behavior:
The Company and or authority on Trip reserves the right to remove a Traveler at any time while on the trip due to any Traveler actions, inactions, communications, or any other behavior that the Company deems to be a security concern, or that may impact the dynamic and safety of the Trip, as determined by the Company in its sole discretion. In the event of such removal, the Traveler may not be entitled to any refund or compensation. The Company may also elect to not provide the Traveler services in the future.
2.28 Early Departure from a Trip: Any additional fees or costs incurred due to an early departure from the Trip, whether voluntary or at the request of Allez Abroad and/or the authority on a trip, are the sole responsibility of the Traveler. This includes official removal from the Trip due to behavior, violation of community guidelines, and/or health and safety concerns.
2. DISCLAIMERS; LIMITATION OF LIABILITY.
EXCEPT FOR THE COMPANY’S LIMITED AND EXPLICIT PROMISE UNDER SECTION 2.1.2 TO PROCESS THE TRIP PAYMENTS OF A TRAVELER PURSUANT TO THE TERMS AND CONDITIONS OF THAT TRAVELER’S BOOKING: (A) THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR OTHER COVENANTS TO THE TRAVELER OR ANY OTHER USER REGARDING THE COMPANY WEBSITE, ANY OTHER COMPANY PROGRAMS, ANY TRIP, ANY TRIP SERVICES, ANY OTHER COMPANY IP ASSETS, AND ANY OTHER CONTENT PROVIDED THEREIN; AND (B) THE COMPANY WEBSITE, ANY OTHER COMPANY PROGRAMS, ANY BOOKINGS, TRIP SERVICES, ANY COMPANY IP ASSETS AND ANY OTHER CONTENT PROVIDED THEREIN ARE ALL PROVIDED TO A TRAVELER AND ALL OTHER USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND.
THE COMPANY HEREBY EXPLICITLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCTS OR SERVICES OF ANY HOST, OPERATORS OR ANY OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OF THE FOLLOWING WITH REGARD TO THE FOREGOING: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
FOR PURPOSES OF THIS SECTION 2, THESE THIRD-PARTY PRODUCTS AND SERVICES INCLUDE PRODUCTS OR SERVICES OF HOSTS OR OPERATORS.
WITHOUT LIMITATION THE GENERALITY OF ANY OTHER PROVISION IN THIS SECTION 2, AND FOR THE AVOIDANCE OF DOUBT, EACH TRAVELER HEREBY ACKNOWLEDGES AND AGREES THAT: (A) THE SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY OF THE COMPANY RELATED TO OR ARISING OUT OF THE TRAVELER’S BOOKING AND THE TRIP SERVICES SHALL BE LIMITED TO THE COMPANY’S PROCESSING OF THE TRIP PAYMENTS TO THE APPROPRIATE THIRD PARTY PURSUANT TO THE TERMS AND CONDITIONS OF THE PARTICULAR BOOKING; AND (B) ALL OTHER SERVICES RELATED TO OR ARISING OUT OF THE TRAVELER’S BOOKING OR TRIP, AND ALL OBLIGATIONS RELATED THERETO, ARE SOLELY AND EXCLUSIVELY THE RESPONSIBILITY AND LIABILITY OF THE OPERATOR, HOST OR OTHER THIRD PARTIES PROVIDING SUCH SERVICE AND ARE NOT THE RESPONSIBILITY OR LIABILITY OF THE COMPANY.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING WITHOUT LIMITATION ARISING OR RELATED TO A TRAVELER’S BOOKING OR TRIP), WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO THE COMPANY FOR THE TRIP SERVICES SOLD HEREUNDER.
3. INDEMNIFICATION. You hereby agree to defend, indemnify and hold harmless the Company, its affiliates, and their officers, directors, employees, agents, licensors, content providers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of this Agreement, including without limitation: (a) any unauthorized use of the Company Website, any Company Programs, any Company IP Assets or any content thereof; or (b) any actions of a Traveler during a Trip.
4. LINKS TO THIRD-PARTY WEBSITES. The Company Website, other Company Programs or our Trip Services may contain links to third-party websites. These links are provided for your convenience only. The Company has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Company Website, other Company Programs or our Trip Services, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.
5. GOVERNING LAW; JURISDICTION, DISPUTES. READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND THE COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
5.2 Jurisdiction. You hereby expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) related to or arising out of this Agreement shall be the federal and/or state courts in the State of Florida, USA, and you further agree and expressly consent to the exercise of personal jurisdiction the federal and state courts in the State of Florida, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, or agents.
5.3 Prohibition of Class or Representative Actions. You and the Company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action.
6. CHANGES TO THIS AGREEMENT.
BY USING THE COMPANY WEBSITE, ANY COMPANY PROGRAM OR ANY TRIP SERVICES (INCLUDING WITHOUT LIMITATION BOOKING ANY TRIP THEREIN), YOU HEREBY AGREE AS FOLLOWS:
6.2 The Company may take any reasonable efforts to post any such Updates to this Agreement, including without limitation posting such Updates to this Agreement on the Company’s main Website.
6.3 Continued use of any Company Website, any other Company Program, or any of the Company’s Trip Services by any user (including but not limited to any traveler) shall automatically constitute such user’s (including without limitation such Traveler’s) immediate acceptance of and consent to all of the updates to this agreement and you will thereafter be bound by such Updates to this Agreement.
6.4 If you do not agree to such Updates to this Agreement, then you should immediately discontinue using the Company Website, all other Company Programs, and all of the Company’s Trip Services.
7. MISCELLANEOUS PROVISIONS.
7.1 Entire Agreement; Waiver; Severability. This Agreement constitute the entire agreement between the Company and each user (including without limitation each Traveler) with respect to the subject matter hereof, and supersedes and replaces any prior agreements we might have had between us regarding such subject matter. The Company ’s failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect.
7.2 Remedies. User acknowledges that monetary damages may not be a sufficient remedy for unauthorized use of the Company Website, any other Company Program, any Trip Services or any other Company IP Assets and therefore each user hereby agrees that the Company shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court or arbitration panel of competent jurisdiction without necessity of posting a bond and without having to plead and prove lack of an adequate remedy at law.
7.3 Attorney Fees. If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in the preparation or in prosecution or defense of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.
7.4 Binding Effect; No Assignment by Client; Permissible Assignment by Company. This Agreement shall be binding upon and inure to the benefit of each party’s respective successors and lawful assigns; provided, however, that user (including without limitation the Traveler) may not assign this Agreement, in whole or in part, without the prior written consent of the Company (which it may or may not grant in its discretion). The Company shall have the right to assign this Agreement, or any part of it, in its sole discretion to any party, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors and assigns.
8. CONTACT INFORMATION.
If you have questions or comments about this Agreement or the Company Websites, Company Programs or Services, please write, phone or email us via the contact information below:
France Travel Makers, LLC
1526 Hwy 67
Carrabelle, FL 32322
+33 06 40 43 70 44
Email us: firstname.lastname@example.org