Terms of service
CLIENT RESPONSIBILITIES
Travel documents, including passports, visas, and health/vaccination certificates required are your responsibility. Valid passports are absolutely required for all international destinations and the expiration date should be at least 6 months following the return date of your trip. Some countries require that your passport have two to four blank visa/stamp pages. Some airlines will not allow you to board if this requirement is not met. See this State.gov link for passport support. When travelling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. (See this link.) Examples: DHS designated enhanced driver’s license, USA Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records.Additionally, a visa and vaccinations may be required. Please note that even when a visa is issued, a traveler may be denied entry since each country’s local immigration officials make the final entry decision. Several factors including past criminal record may contribute to the decision of the local immigration official(s). Should a visa not be issued, Travel With Raelinn, LLC is not responsible for lost payments made toward the contemplated trip. If traveling to or through Canada, travelers with a Driving While Intoxicated (DWI) or other conviction record should always check whether current rules exclude admission. Travel With Raelinn, LLC feels it is an invasion of privacy to make such an inquiry of you. The final decision of entry rests with the immigration or border services officer. For more information see Canada's government site and the Canadian Immigration facts. Visit the USA State Department Web site www.travel.state.gov on a regular basis for information regarding incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States. Required or advised inoculations you decide to obtain upon the advice of your personal physician may need to be administered in a series of doses months ahead of your planned departure and such time element should be taken into account by you when making deposits and/or nonrefundable final payments. Visit the websites of the USA Centers for Disease Control and the International Society of Travel Medicine and the relevant websites for the countries you will be visiting, as each country also has its own Covid-19 restrictions. Travel With Raelinn, LLC assumes no responsibility whatsoever for travel interrupted in any way due to Covid-19 restrictions or illness. Availability and price quotes are applicable to the date and time at which they are requested and cannot be guaranteed until payment is made. Quotes in a foreign currency fluctuate with exchange rates and international payments may carry a foreign transaction fee. Travel With Raelinn, LLC will make every effort to honor the price as originally quoted; however, under certain circumstances additional costs by a supplier or government may be imposed due to an increase in the cost for one or more of the travel components. Flight confirmation is subject to availability and prices are subject to change after the date of deposit, including price increases in the fee for a seat assignment, fee for baggage, applicable fuel surcharges, or an increase in a government imposed fee or tax. Passport copies are required to confirm international air reservations. Correct legal names that match identification to be used for travel must be provided by the client to Travel With Raelinn, LLC. Name changes are not permitted on airline tickets. Clients are responsible for providing accurate information on Client Traveler Profile form. Travel With Raelinn, LLC is not responsible for costs incurred by incorrect information provided for travel planning including reservations and airline tickets. Once purchased, US air transaction prices will not increase, except for potential charges resulting from government imposed taxes or fees. I consent to pay for such charges and authorize Travel With Raelinn, LLC to charge my credit card for such additional amounts. Certain suppliers reserve the right to increase prices to cover increased costs, fuel surcharges, tariffs and taxes, and to reflect fluctuations in foreign exchange markets. If for any reason my credit card charges are later declined, reversed, or Travel With Raelinn, LLC is unable to receive payment for the travel plans and services, I acknowledge that this is a binding contract between myself and Travel With Raelinn, LLC shall be entitled to recovery, including reasonable attorneys’ fees in connection with collection. Overnight shipping fees for documents shipped to client from Travel With Raelinn, LLC may be billed to client. Travel With Raelinn, LLC offers retail travel services to customers, which are provided by separate and independent vendors of travel services. Travel With Raelinn, LLC does not operate, control, or otherwise provide the services of the independent travel vendors. Hence, customer agrees that Travel With Raelinn, LLC acts only as agent for the client in acquiring transportation, hotel accommodations, sightseeing and other privileges, or services for the clients’ benefit, and on the express condition that Travel With Raelinn, LLC shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith. Travel With Raeilnn, LLC offers access to travel insurance. Unless specified, travel insurance is not included in the cost of Client’s itinerary. Without appropriate travel insurance, Client understands and agrees that if Client cancels or interrupts Client’s travel for any reason, portions of the trip/tour may not be refunded and Travel With Raelinn, LLC’s and travel Suppliers’ cancellation penalties will apply resulting in the loss of monies up to the full cost of Client’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by Travel With Raelinn, LLC; however, if you decline to purchase insurance, Travel With Raeilnn, LLC requires that you execute an insurance waiver. Travel With Raeilnn, LLC is not a licensed insurance broker, and its advisors are not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for any travel insurance selected. Travel With Raeilnn, LLC cannot guarantee that any insurance provider will approve coverage for a claim made under the insurer’s policy and makes no representations about the extent of coverage for any policy the insurer may offer, quote or sell. Travel With Raeilnn, LLC provides travel planning services for the fees listed below: Planning Fees (Non-refundable): Begin at $250 and vary based on the scope and complexity of the itinerary. Domestic Air Ticketing Fee, per person: $50 International Air Ticketing Fee, per person: $100 Change Fee: $50 per person per change (applies to flights, transfers, accommodations, activities and any other paid services included in the itinerary but not listed here.) Trip Cancellation Fee: 10% of entire cost of trip, in addition to any supplier penalties. I offer the following service packages for the fee structure listed below: Exclusive STARTING AT $750 PER TRIP Complimentary Intake Call (up to 30 minutes) Single or Multi-Leg Itinerary 1 Proposal Draft and up to 2 Proposal Edits Daily Itinerary Creation: Tours, Activities, Sightseeing Recommendations Concierge Services: Spa, Dining, Etc. Confirmation & Management of All Travel Components (incl. Lodging and Transportation) Destination Entry/Exit Requirement Guidance Optional Pre-Departure Call (Up to 1 hour) Personalized Digital Itinerary App WhatsApp Emergency In-Travel Communication Deluxe STARTING AT $500 PER TRIP Complimentary Intake Call (up to 30 minutes) Single Or Multi-Leg Itinerary 1 Proposal Draft and 1 Optional Revision Daily Itinerary Creation: Tours, Activities, Sightseeing Recommendations Confirmation & Management of All Travel Components (incl. Lodging and Transportation) Destination Entry/Exit Requirement Guidance Personalized Digital Itinerary App WhatsApp Emergency In-Travel Communication Essential STARTING AT $250 PER TRIP Complimentary Intake Call (up to 30 minutes) Single Leg Itinerary 1 Proposal Draft and 1 Optional Revision Confirmation & Management of All Travel Components (incl. Lodging and Transportation) Destination Entry/Exit Requirement Guidance Wrap-Up Email & Final Documents A La Carte AVAILABLE UPON REQUEST Business Class or First Class Airfare Booking: $100 Ticketing Fee Tour Add-Ons for Essential Package: $50 Each Concierge Add-Ons for Essential Package: $50 Each Hotel Only Bookings: Select 4 and 5-star options only, $50 per room Travel Consulting: Perfect for self-planners in search of guidance, $150/hour ALL SERVICES REQUIRE FULL PAYMENT OF INVOICED FEE AT THE BEGINNING OF THE PLANNING PROCESS. FESS ARE BASED ON 2 TRAVELERS FOR 7 DAYS AND ARE SCALED ACCORDING TO YOUR SPECIFIC INQUIRY. FEES ARE NON-REFUNDABLE AND NON-NEGOTIABLE. ADDITIONAL FEES MAY APPLY FOR RUSH BOOKINGS AND A LA CARTE SERVICES. PLEASE NOTE THAT I DO NOT BOOK ECONOMY AIRFARE. Please note that I only book 4 and 5-star accommodations to ensure a quality stay and experience for my clients. In addition, I require a minimum budget for itineraries based on the level of services that’s right for you. For fully custom itineraries, I require a minimum working budget of $10,000. For simpler getaways (such as all-inclusive Caribbean or Mexico stays), I require a minimum budget of $7,500. All fees and budgets are based on 2 people traveling, and budgets may need to be adjusted depending on your needs and wants. This budget does not take into account incidental spending in destination or additional fees incurred while traveling. To allow me to properly service each booking, I do not book economy airfare. I do offer booking of business class airfare for a supplemental fee. I am, however, happy to recommend routes and dates based on your inquiry. I strongly recommend that clients review airfare pricing before solidifying itinerary dates. This minimum is in place to maintain the high quality my clients expect and falls in line with the current average trip cost for the destinations I plan most often. This also allows me to work with fewer clients to ensure I can give as much attention to each client as they deserve. All inquiries, regardless of budget, are vetted to ensure a good fit. Clients with less than the minimum budget are taken on a case-by-case basis. Budgets are discussed during your intake call to ensure your needs and wants align with the amount you wish to spend. I’m happy to suggest alternatives if I don’t feel confident I can deliver within your budget. By signing the Travel Service Fee Agreement, I understand and accept for myself and the travelers included in my party Travel With Raelinn's Fee Structure. I acknowledge and accept that cancellation policies, change fees, and penalties apply to my travel plans and services. I agree to all fees such as cancellation policies, change fees, and penalties, and understand that unused portions of travel vouchers are non-refundable. I also understand these fees are non-refundable and separate from the cost of my trip. I understand that there may be fluctuations in pricing due to dynamic pricing of hotels, third party vendors, and the fluctuations of exchange rates for bookings outside the USA in currencies other that the US Dollar. By signing our Service Fee Agreement and/or Group Travel Agreement the Client agrees to Travel With Raelinn, LLC's Terms & Conditions and understands and accepts My Process, the Client Responsibilities on behalf of Client and for all travelers included in their party. Coronavirus COVID-19 Terms The COVID-19, “Coronavirus” is a known and rapidly evolving pandemic that is affecting travel worldwide, with continued spread and impacts expected. You, as the Client, are fully aware of the current global Coronavirus COVID-19 virus outbreak, the current travel restrictions, and the inherent risks involved in choosing to travel. Client understands that it is his/her/their responsibility to check the latest travel information regarding this virus outbreak with the CDC. https://wwwnc.cdc.gov/travel/notices Client understands that it is his/her/their responsibility to have travel insurance to ensure they have coverage for all medical needs and trip cancellation, but understands that concerns or fear of travel is not a covered reason for cancellation relating to the Coronavirus/ Covid-19 and will be denied. Client holds Travel With Raelinn, LLC harmless for their election to not purchase travel insurance or any denial of claim by travel insurer as it relates to Covid-19 or any other claim under the policy. Travel insurance generally only covers unforeseen events. Most insurers classified COVID-19 as a 'known event' as of late January 2020. Please note that most policies have a specific clause stating they do not cover epidemics and pandemics, especially when travel warnings are in place. Client understands that he/she/they are bound by the terms of the insurance policy as it relates to Coronavirus/Covid-19. Client is aware of the travel warnings, travel restrictions, and rules and understands the risks, is accepting of these, and holds Travel With Raelinn, LLC harmless for any travel restrictions, death, illness, cancellations by suppliers, hotels, airlines, cruise lines, tour agencies or any other travel provider, financial loss, quarantining rules or measures put in place at airports or destinations you are traveling through. Client further agrees to hold Travel With Raelinn, LLC harmless for any financial penalties or fees imposed by the suppliers, hotels, airlines, cruise lines, tour agencies, or any other travel provider due to cancellations or postponements due to Covid 19 and agrees not to institute a credit card dispute or “charge back” to Unplugged Escapes for said penalties or fees. Client is aware that additional screening procedures and restrictions may take place at airports and in public areas. Client is aware that these restrictions may include mandatory face coverings and/or temperature checks in airports, hotels, cruise ships, trains, or other means of transport. Client is aware that Immigration restrictions may be put in place before or during your travels that may impede your ability to enter or exit your destination as planned. Client is aware that it is his/her/their personal decision to travel and is doing so with full knowledge of current travel recommendations and travel restrictions with regards to the Coronavirus/COVID-19 and takes full responsibility for his/her/their actions with regards to this. Additional Terms of Service: Your access to and use of this website on which this document is found (the “Website”) and all Services (as defined in Section 2), is subject exclusively to these Terms of Service. The terms “you”, “your” and similar pronouns refer to the person using or accessing the Website or the Services. The terms “we”, “our” and similar pronouns refer to the independently contracted person or entity referered to in the header of this site (the “Company”). This is a legally binding agreement between you and Company; please read it carefully. Unless explicitly stated otherwise, any features or services available at any time on the Website or the Services are subject to these Terms of Service. Accessing the Website or the Services in any manner, even by automated means, constitutes your use of said Website or the Services, respectively, and your agreement to be bound by these Terms of Service. If you do not accept these Terms of Service you must immediately stop using the Website or the Services. You may not use the Website or the Services for any purpose that is unlawful or prohibited by these Terms of Service. You further expressly agree and acknowledge all of the following provisions: We reserve the right to update or amend (collectively, “change”) these Terms of Service at any time and will revise the effective date when we do so. It is your responsibility to check the Terms of Service regularly for any changes and to take note of the posted effective date of the Terms of Service. Your continued use of the Website or the Services, as the case may be, after the posted effective dates constitutes your agreement to be bound by these Terms of Service as modified, provided however, that such modifications shall not apply to any disputes arising prior to the effective date of the changes. Accordingly, you hereby agree that your continued use of the Website constitutes your waiver to contest the enforceability of any such changes (whether for lack of notice or otherwise). Please do not use the Website if you disagree with the provisions of this paragraph 1.3. Otherwise, your continued use is to be deemed conclusive acceptance thereof. THE SERVICES The “Services” consist of the Website and any functions provided by, through, or in conjunction with the Website, including but not limited to travel searches, travel booking, email, telephone messages, and text messages. These Terms of Service do not apply to your travel, only to your use of the Services to make a travel booking. Each component of your travel (including but not limited to cruises, hotels, flights, excursions, tours, all-inclusives, travel insurance, and all other travel-related services) may include its own Terms of Service of service or a contract of carriage (the “Partner Terms”). If Partner Terms apply, you will be shown a link to the Partner Terms prior to completing your booking. We make no representations or warranties as to the Partner Terms. You acknowledge and agree that you will review and agree to the Partner Terms prior to booking your travel through the Services. The Services are not for use by users under the age of 18. By registering for the Services, you represent to us that you are over the age of 18, and warrant that you shall not allow persons under the age of 18 to use or access the Services. PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY. DO NOT USE THE SERVICES IF YOU DO NOT WISH TO COMPLY: By either filling out our contact form or providing contact information as part of a prospective or final cruise booking, you give us express written consent to contact you by phone, or e-mail, or text messages to (i) provide notices regarding your bookings and travel itineraries, (ii) investigate or prevent fraud, or (iii) collect a debt owed to us. You agree that we may contact you using autodialed or prerecorded message calls, emails, social media, and text messages to carry out the purposes we have identified above. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text charges may apply. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes at the telephone number(s) you designate unless we receive your prior express written consent. You do not have to consent to receive autodialed or prerecorded message calls or texts in order to use the Services. YOU EXPRESSLY AGREE THAT WE MAY CONTACT YOU EVEN IF YOU HAVE PREVIOUSLY REGISTERED YOUR PHONE WITH A FEDERAL OR STATE “DO NOT CALL” REGISTRY. You have the right to withdraw your consent and may opt-out of receiving phone calls by contacting us in any of the methods listed in the “Contact” section of the Website. In addition, you may opt-out of e-mails by clicking the “unsubscribe” link in any e-mail we send to you, and may opt-out of text messages by replying “STOP” to text messages you receive from us. If you opt-out and then re-enable any of these services, you will be deemed to have again given us your express written consent to contact you via any services you re-enable. PRIVACY POLICY. Our privacy policy is located at in the footer of the Website, and is incorporated herein by reference. ACCEPTABLE USE For purposes of these Terms of Use, “Content” means information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials made available, displayed or transmitted over, by, or in connection with the Services (including information made available by means of an Internet “hyperlink”, a third party Web posting, e-mail, or similar means), including all trademarks, trade names service marks and domain names contained therein, as well as the contents of any mobile applications, websites, social media, bulletin boards, chat forums, and all updates, upgrades, modifications, and other version of any of the foregoing. With regard to the use of the Services, including any and all Content that you upload, send, post, e-mail, or otherwise transmit while using the Services, you represent and warrant that (i) you are the true owner of or have and will have at all times sufficient rights, without limitation, to upload the Content; (ii) the Content does not and will not violate: (a) the copyrights, patents, trade secrets, trademarks, service marks or other intellectual property rights; (b) any other property rights; (c) privacy rights; or (d) any other proprietary rights of any other person, business, or entity; and (iii) the transmission of the Content does not and will not violate any laws or breach any licenses or other agreements to which you are a party. Except as specifically permitted by law, you may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. You acknowledge that all Content, whether posted publicly or transmitted privately over, by, or in connection with the Services is the sole responsibility of the person from whom such Content originated. You agree and acknowledge that (i) we do not control or endorse the Content and (ii) that we cannot guarantee the accuracy, integrity or quality of such Content. You further agree and acknowledge that by using the Services you may be exposed to Content that is inaccurate, offensive or indecent. You agree that the Company will not be liable whatsoever for any Content or for any loss or damage of any kind resulting, directly or indirectly, from the use of or reliance on any Content transmitted via the Services and you hereby assume and agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. In using the Services, you agree not to upload, send, post, e-mail, or otherwise transmit via the Services any Content that (i) contains viruses other code or software that damages, destroys or interferes with (or is intended to damage, destroy, or interfere with) the communications networks or computer systems of Company, or our employees, contractors, affiliates, or customers, (ii) contains unlawful, tortious, libelous, defamatory, abusive, racist, harassing, or threatening material, or is invasive of another’s privacy, another’s right of publicity, is pornographic (including but not limited to child pornography), or otherwise objectionable as determined by us in our sole discretion, or (iii) constitutes unsolicited commercial bulk email (spam), or is prohibited by the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services. We have the right, at our sole discretion, to remove any material that breaches these Terms of Service or is (in our sole reasonable opinion) otherwise objectionable. You may not use the Services, either manually or by means of an automated tool, to collect the contact information or personally identifiable information of other users of the Services for any purpose (other than using the Services) including, but not limited to, collection of such information for advertising or direct marketing to users of the Services outside of the Services. You may not use the Services to interfere with, gain unauthorized access to, or otherwise violate the security of our (or another party’s) network, servers, computers, other control devices, software, or data, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to: Unauthorized monitoring, scanning or probing of networks or systems or any other action aimed at the unauthorized interception of data or the harvesting of e-mail addresses; Use any forged, false or misleading number identity, email header, invalid or non-existent domain names in email or postings nor employ techniques to hide, obscure or counterfeit the source of e-mail or other posting; Hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network; Impersonating others, phishing, or secretly or deceptively obtaining personal information of third parties; or Using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication; except in the case of authorized legitimate network security operations, distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools; or programs that may damage the operation of another’s network, system, computer or other property. TERMINATION We reserve the right to immediately and without notice suspend or terminate your use of the Services if we reasonably believe that you have violated these Terms of Service. We have no obligation to provide you with notice of an alleged violation. We may at any time, at our sole discretion, discontinue the Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Services. THIRD PARTY SERVICES The Services may include services provided to Company by third party providers (a “Third Party Component”), including but not limited to ASAP Cruises Inc. dba OutsideAgents.com. Prior to using any Third Party Component, you may be required to agree to additional Terms of Service provided by such third-party vendor. You acknowledge and agree that you will comply with such additional Terms of Service. The Services may also include links to third party websites that are controlled and maintained by others. You acknowledge and agree that any link to other websites is not an endorsement of such websites and that Company is not responsible for the content or availability of any such sites. Neither these Terms of Service nor our Privacy Policy governs the use of your information by third party websites. COMPLIANCE WITH LAWS In connection with your use of the Website or the Services, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet. You agree and acknowledge that (i) the export, import, and use of certain software, and technical data that may be provided as part of the Services are subject to domestic and foreign U.S. laws (including the U.S. Export Administration Act and the regulations implemented thereunder by the U.S. Department of Commerce, the U.S. Foreign Corrupt Practices Act (“FCPA”), and all foreign laws similar to the FCPA) (all such laws and regulations collectively referred to herein as “Export Laws”), as the same may be amended from time to time, (ii) the transmission of Content via the Services may be subject to all domestic and foreign privacy laws applicable to the provision of Services (including the Electronic Communications Privacy Act (together with the Stored Communications Act),the Federal Trade Commission Act, the U.S. Patriot Act, the Children’s Online Protection Act, state privacy laws (including the California Online Privacy Protection Act (“CalOPPA”)), state wiretap laws, and, together with all respective federal and state regulations implementing those laws, as the same may be amended from time to time (all such laws and regulations collectively referred to herein as “Privacy Laws”), and (iii) you shall strictly comply with all Privacy Laws and Export Laws applicable, directly or indirectly, to your operation or use of the Services or your transmission of Content thereby. INTELLECTUAL PROPERTY RIGHTS You acknowledge and agree that the Services, the Website and Content contained therein (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws that are owned by Company or other third parties from whom Company has the right to display such intellectual property. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. The Company does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. You hereby grant to Company (and its Affiliates) a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all Content that you upload to the Services, and to incorporate any such Content in other works in any form, media, or technology now known or later developed. You agree that Company will not treat any Content that you upload to the Services as confidential and may use any such Content in the operation of its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind. INDEMNITY You agree to indemnify, defend and hold Company and its shareholders, members, board of directors, board of managers, officers, managers, employees, agents, independent contractors, attorneys, suppliers, vendors or representatives (collectively with Company, the “Company Affiliates”) harmless from and against any and all Claims and Damages arising directly or indirectly (i) from any breach by you of these Terms of Service, and (ii) any Claim brought or threatened against Company by any third party arising (a) out of your use of the Services or (b) by reason of or in connection with any Content submitted, posted or transmitted through the Services, howsoever such Claims or Damages are suffered or incurred by Company as a result of (a) or (b). For purposes of these Terms of Service: “Claim” shall mean any suit, claim, demand, cause of action, administrative, regulatory or judicial action, proceeding (including condemnation or appropriation proceedings), hearing, written notice, arbitration, investigation, request for information, litigation, charge or complaint. “Damages” shall mean any and all injury, damage, liability, judgment, loss, penalty, interest, cost and expense, including reasonable attorneys’ fees and court costs incurred due to, as part of, or resulting from an asserted or threatened Claim. DISCLAIMERS AND LIMITATION OF LIABILITY USE OF THE SERVICES IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY, EXPRESS OR LIMITED, WITH RESPECT TO THE SERVICES, INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WE ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER TO THE EXTENT ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH LOST OR ALTERED MESSAGES OR TRANSMISSIONS OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, DAMAGE OR DESTRUCTION OF YOUR CONTENT, DATA, PROGRAMS, INFORMATION, NETWORK OR SYSTEMS, EXCEPT TO THE EXTENT THAT ANY OF THE FOREGOING IS CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. NOTWITHSTANDING ANY PROVISION OF THESE TERMS OF SERVICE TO THE CONTRARY, NONE OF THE COMPANY AFFILIATES SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL COSTS, LIABILITIES OR DAMAGES, WHETHER IN BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE, ARISING FROM THE USE OR PERFORMANCE OF THE SERVICES, ANY INTERRUPTION OF SERVICES, OR ANY DELAY, ERROR OR LOSS OF DATA OR INFORMATION ARISING IN ANY MANNER OUT OF, OR IN CONNECTION WITH, THESE TERMS OF SERVICE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ALL CLAIMS FOR WHICH ARE HEREBY SPECIFICALLY WAIVED. TO THE EXTENT SUCH DISCLAIMER IS PERMITTED BY LAW, WE HEREBY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING COSTS, LIABILITIES OR DAMAGES CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT GUARANTEED TO BE SECURE OR FREE FROM TAMPERING, VIRUSES, OR OTHER SECURITY VIOLATIONS. ACCORDINGLY, WE HEREBY DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR THE SECURITY OF THE SERVICES, WHETHER OR NOT YOU HAVE IMPLEMENTED ENCRYPTION, FIREWALL PROTECTION OR ANY OTHER INTERNET SECURITY SERVICE OR DEVICE. YOU AGREE THAT THE TRANSMISSION OR USE OF CONTENT VIA THE SERVICES IS AT YOUR OWN RISK. GOVERNING LAW AND USE OF TERMS Captions and paragraph headings used in these Terms of Service are for convenience only, are not substantive provisions and are not be used to interpret any provision hereof. Pronouns used herein are to be construed as masculine, feminine, or neuter, and both singular and plural, as the context may require and the term “person” includes an individual, corporation, limited liability company, association, partnership, limited partnership, limited liability partnership, trust, and other organization, as the case may be. The word “include”, “exclude” and derivations thereof are not be construed as terms of limitation. The words “day,” “month,” and “year” mean, respectively, business day, calendar month and calendar year. Section references refer to sections of these Terms of Service. In the event of any conflict between these Terms of Service and any contract between you and the Company, the latter shall control. Should any part or provision of this Agreement, for any reason, be declared invalid or illegal, such invalidity or illegality shall not affect the validity of any remaining portion, which remaining portion shall remain in force and effect as if this Agreement had been executed with the invalid or illegal portions thereof eliminated. All the provisions herein contained shall be binding upon and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto. Outside Agents may assign all of its rights hereunder at any time without notice or consent. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. 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 Duval County, Florida, in the court of appropriate jurisdiction, and that the federal court jurisdiction shall be in the Middle District of Florida in Duval County, Florida. 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. Effective Date: 6 November 2021 By signing our Service Fee Agreement and/or Group Travel Agreement the Client agrees to Travel With Raelinn, LLC's Terms & Conditions and understands and accepts the Client Responsibilities on behalf of Client and for all travelers included in their party. |
updated 12 June 2024