TERMS & CONDITIONS – CONSUMER DISCLOSURE NOTICE
Release of Liability, Waiver, Assumption of Risks, and Arbitration Agreement
PLEASE READ THIS NOTICE. IT CONSTITUTES PART OF YOUR CONTRACT FOR TRAVEL RELATED SERVICES. PLEASE CHECK YOUR DOCUMENTS WHEN YOU RECEIVE THEM. CALL Travel By La Buena Vida LLC IF YOU HAVE ANY QUESTIONS. MOST DISCOUNT FARES INVOLVE RESTRICTIONS. CHANGING CARRIERS OR FLIGHTS COULD RESULT IN THE AIRLINE DEMANDING AN INCREASED FARE. CHECK WITH THE AIRLINE OR Travel By La Buena Vida LLC BEFORE MAKING ANY CHANGES.
Travel By La Buena Vida LLC acts as a sales agent for any airline, hotel, car-rental company, tour operator, cruise line, or other service provider named in your itinerary (“Suppliers”). Travel By La Buena Vida LLC is not responsible for acts or omissions of the Suppliers or their failure to provide services or adhere to their own schedules.
Travel By La Buena Vida LLC assumes no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of the Suppliers; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by the Suppliers; (3) any wrongful or negligent acts or omissions on the part of any other party not under Travel By La Buena Vida LLC’S control; and (4) any Supplier price drop after your travel arrangements have been confirmed, paid in full, or ticketed. You hereby release Travel By La Buena Vida LLC from all claims arising out of any problem covered in this paragraph.
Travel arrangements involving airline and cruise components are subject to supplemental price increases that may be imposed by the supplier and/or government after you have completed your purchase. You hereby consent to any such price increases and authorize your credit or debit card to be used for them. Suppliers have their own contracts covering cancellation penalties and other terms and conditions, and you may be bound by those contracts regardless of whether you receive notice of their terms. By booking with Travel By La Buena Vida LLC, you are consenting to those terms and conditions.
Traveler assumes complete and full responsibility for, and hereby releases Travel By La Buena Vida LLC from any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety and security conditions.Travel Insurance / Travel Protection is strongly recommended. Traveler is advised to obtain appropriate insurance coverage against these risks. Travel By La Buena Vida LLC has information regarding some forms of travel insurance. Traveler’s retention of tickets, reservations, or bookings after issuance shall constitute consent to the above and an agreement on his/her part to convey the contents hereto to his/her travel companions or group members.
Traveler acknowledges that Travel By La Buena Vida LLC cannot control the cancellation fees assessed by the Tour Operators, nor control issuance of vouchers in lieu of cash. Traveler acknowledges that Travel By La Buena Vida LLC cannot control other third party’s cancellation fees that may be assessed nor control issuance of vouchers in lieu of cash. Traveler understands that should Traveler initiate any chargeback with Traveler’s credit card company to avoid previously agreed upon fees Travel By La Buena Vida LLC will utilize all rights and remedies under the laws of the State of Pennsylvania to uphold previously agreed contractual provisions.
Traveler understands that Travel By La Buena Vida LLC does this because third parties seek payment directly from Travel By La Buena Vida LLC. The cancellation fees do not cease to exist in the event of a chargeback. Thus, Travel By La Buena Vida LLC will be prompted to pursue litigation and incur attorneys’ fees and costs which will be included in addition to all cancellation fees.
The issuance of any tickets, reservations, or bookings by Travel By La Buena Vida LLC is done on the express condition that: 1. Travel By La Buena Vida LLC shall not be responsible for any changes in fares, rates, charges, or prices initiated by the carrier(s) or supplier(s) of services, and 2. Travel By La Buena Vida LLC shall not be responsible for any damages resulting from cancellations, changes, or disruption of any services and/or for refunds of monies already paid or transmitted to any carrier or supplier of services.
Force Majeure: Travel By La Buena Vida LLC shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure, nor for changes to or terminations of your trip due to
Force Majeure. “Force Majeure” refers to any event beyond Travel By La Buena Vida LLC reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, epidemics, disease, virus, pandemic, contagious diseases, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power Services, terrorism or any other causes beyond the control of Travel By La Buena Vida LLC. Travel By La Buena Vida LLC reserves the right to cancel any Services described in a Trip Itinerary due to Force Majeure. Very rarely, you may be forced by “force majeure” to change or terminate your Trip after departure but before the scheduled end of your Trip. This is unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our Suppliers), pay you any compensation, or meet any costs or expenses you incur as a result.
Medical and Physical Condition: Medical Emergencies. Some activities available on Travel By La Buena Vida LLC’s trips are physically active and interactive, so you must be in good physical condition and health to participate in them.Travel By La Buena Vida LLC has 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 a worldwide terrorism alert, go to:
http://travel.state.gov/content/passports/en/alertswarnings/worldwide-caution.html. For
information concerning other possible dangers at destinations, Travel By La Buena Vida LLC recommends contacting the Travel Warnings Section of the U.S. State Department at (202) 647- 5225 or www.travel.state.gov. For medical information, Travel By La Buena Vida LLC recommends contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel. You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). You hereby release Travel By La Buena Vida LLC from all claims arising out of any problem covered in this paragraph. You agree that the courts in Pinellas County will be the exclusive jurisdiction for all claims brought by you or Travel By La Buena Vida LLC, and you hereby submit to the personal jurisdiction of those courts. Travel By La Buena Vida LLC desires to maintain friendly relationships with its clients (Traveler, agents, sellers, buyers, etc.). In order to provide for a mutually beneficial relationship, Travel By La Buena Vida LLC has established an alternative mediation program in the event of a misunderstanding or dispute between Travel By La Buena Vida LLC and its clients: If a dispute arises out of or relates to this contract, or breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the World Travel Dispute Center under the applicable guidelines as established by International Forum for Travel and Tourism (IFTTA) before resorting to arbitration, litigation, or some other dispute resolution procedure. If mediation is not successful, the parties will settle by binding arbitration administered by the World Travel Dispute Center under the applicable guidelines as established by IFTTA. Judgment on the award rendered by the arbitrator(s), or written agreements of the parties, may be entered in any court having jurisdiction thereof or written agreements of the parties. If litigation is necessary to enforce this agreement, the prevailing party(s) shall receive costs and attorney’s fees. In the event that an IFTTA qualified mediator or arbitrator is unavailable, both parties agree to the submission of the dispute to a mutually acceptable dispute resolution service.
For your protection, we strongly recommend that you purchase trip cancellation and travel accident insurance. However, no representation or description of the insurance made by our staff constitutes a binding assurance or promise about the insurance. We also strongly recommend that you use a credit card for your purchase, so that you can exercise your rights under the Fair Credit Billing Act if you do not receive the services you purchased.
Thank you for reading and acknowledging our Terms & Conditions. Please be aware that by acknowledging these Terms & Conditions you also acknowledge that the Full Terms and Conditions are available at https://travelbylabuenavida.com
We look forward to working with you on your next trip and wish you safe and happy travels to your next destination!