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TERMS AND CONDITIONS FOR ALL TRAVEL
THE FOLLOWING TERMS AND CONDITIONS APPLIES TO ALL INDIVIDUALS ATTENDING A DESTINATION MITZVAH, REGARDLESS IF THE DESTINATION MITZVAH IS ON LAND OR AT SEA AND REGARDLESS AS TO THE LOCATION OF THE DESTINATION MITZVAH. BY MAKING A RESERVATION AND MAKING PAYMENTS TOWARDS YOUR RESERVATION, YOU AGREE TO THE TERMS AND CONDITIONS ON YOUR RESERVATION FORM AS WELL AS THE FOLLOWING:
This agreement is between You, (“Client”, “You”, “Your”) and The Guest Planners, LLC, dba Destination Mitzvah, a Florida based company hereafter referred to as (“Company”, “Us”, “We” ) with regard to traveling ("Travel") to a Destination Mitzvah Event ("Event") at a Location, hereafter referred to as ("Destination", "Resort", "Cruise", "Cruise Line").
BY MAKING A RESERVATION OR MAKING PAYMENTS TOWARDS YOUR RESERVATION OR TRAVELING TO A DESTINATION MITZVAH, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH BY THE DESTINATION AS WELL AS THE BELOW:
Responsibility/Liabilities:
For all travel arrangements including all transportation during Event, Company acts only in the capacity of agent for the wholesaler and other suppliers of the travel services providing services or goods in connection with the trip and Event (the “Supplier”), such as airlines, Resort, Cruise Lines, hotels, sightseeing tour operators, snorkeling companies, bus companies, boat companies, car rental companies, and providers of entertainment. We assume no responsibility for any personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason (1) any act or omission of any Supplier (2) any matter beyond our exclusive control including but not limited to a delay or cancellation of a flight that causes you to miss any portion of the trip. Regardless if such impact occurs traveling to or from the Event, Company accepts no responsibility for losses or additional expenses due to delay or changes in air, sea or other services due to sickness, weather, strike, war, pandemic, epidemic, or other causes. We have no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which You may travel. For information concerning possible dangers at Destination, we recommend contacting the Travel Warnings Section of the U.S. State Department at www.travel.state.gov and click on “Travel Warnings.” For medical information, we recommend contacting the Centers for Disease Control at (877)FYI-TRIP or www.cdc.gov/travel. Passports are required for international travel. Your passport should be valid for at least 6 months after your scheduled return home from Your international trip. However, you assume full and complete responsibility for checking and verifying all passport and visa requirements of the Destination and for complying with all laws thereof. Furthermore, Client understands and acknowledges that local authorities can deny You from entering the country, for whatever reason, including if You have a prior arrest. You agree to release Company from liability for any matter for which we disclaim liability under this agreement. You agree to waive all claims for special, indirect, or consequential damages.
Furthermore, You agree to indemnify and hold Us harmless for any liability or loss, directly or indirectly resulting from or related to Company and its’ employees, associates and contractors, involved with your Travel, in any regard, from any suit or legal action. You agree to look solely to Your policies of insurance, if any, including Travel Insurance which we suggest you purchase, for the recovery of any Claims, and that Company and its officers, directors, partners, shareholders, members, employees, and agents will not be liable to You for, any loss, injury, sickness, death or damage (including consequential damages) whether to person, property or business occasioned by any cause resulting directly or indirectly in a Client loss. You shall indemnify Company for any failure to maintain standards including by Destination, Resort or Cruise Line.
Should there be any circumstance beyond Company's reasonable control (including, but without limitation, to acts of God, explosion, flood, forceful wind, fire, accident, war or threat of war [declared or undeclared], acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, sickness, epidemics, pandemics, quarantines, government intervention, weather conditions, travel border restriction, complete destruction of Resort, defects in machinery and vehicles, delays, or other unforeseeable events) also known as “Force Majeure,” (“Force Majeure”), Company shall not be deemed to be in breach of any terms and conditions or otherwise be liable to You, and shall not provide any refund due to delay in performance or non-performance of any of Company’s obligations hereunder.
In the event of health pandemics or states of emergency, the suppliers operating your trip (for whom we act as sales agents) may change, delay, or cancel the services they offer for your trip at their sole discretion and with little or no advance notice. Also, government officials in the destinations you visit or in your home County may change entry requirements, health protocols, and other rules for inbound visitors or citizens, (including health screenings and tests and mandatory quarantines) at their discretion and with little or no advance notice. You agree that we as sales agents have no control over these decisions and we cannot be held liable for them. Further, you understand that it's your responsibility to comply with the government's rules in the destinations you're visiting or residing that are in effect during your trip.
Excused Non-Performance:
If for any reason beyond its control, included but not limited to: strikes, labor disputes, accidents, government requisitions, restrictions or regulations on travel, Resort or Cruise operation, commodities or supplies, acts of war or acts of God, Company is unable to perform its obligation under this agreement, such non-performance is excused and Company may, in its sole discretion, terminate this agreement without further liability of any nature, upon return of all funds paid by Client to Company for Travel. In no event will Company be liable for consequential damages of any nature for any reason whatsoever.
Intoxication:
Resort, Cruise Line, Destination, and Company reserves the right to refuse service of alcoholic beverages purchased by the Client to any guest of the Client who is under the age of 21 or who is obviously intoxicated.
Kosher Food:
You acknowledge and agree that food and beverages served at Destination and food and beverages served during Event is NOT Kosher.
Unlawful Activities:
Illegal gambling activities, the use of drugs or any other unlawful activity are expressly prohibited. A violation of this provision by You may impact your Travel as directed by the Destination or authorities. Should such impact to Travel occur, Company will not be responsible in any way whatsoever, including financially for the impact to the Client, Event or Guest(s).
Jurisdiction:
Any dispute related to this agreement shall be governed by Florida law without regard to conflict of laws or principles. The courts in Broward County, Florida shall be the exclusive forum for any lawsuit related to this agreement, and Client consents to the personal jurisdiction by said courts. Client agrees to present any claims against Company within 30 days after the Event ends and to file within one year of the incident, and Client acknowledges that this expressly limits the applicable statute of limitations to one year. Claims may not exceed the sum paid to Company for services rendered by Company and may not include funds paid to Company specifically for Resort Suite Reservations. The Guest Planners is registered with the State of Florida as a Seller of Travel – Registration no. ST37538.
Attorney Fees:
In the event that it becomes necessary for Company to engage the services of an attorney to collect any sums due hereunder, Company shall be entitled to costs of collection and reasonable attorney’s fees.
Entire Party:
You agree to these terms and conditions on behalf of all members of your traveling party.