AGREEMENT BETWEEN TRAVELER AND WHISKED AWAY LLC.
By booking you agree to the following Terms of Service:
I (collectively, the “Traveler” or “you” or “your”) acknowledge that in providing the services and calculating the cost of the tour or trip, Whisked Away LLC has relied on my consent to the terms conditions without modification and on their enforceability, as set forth below (collectively, the "Terms and Conditions” or “Agreement").
Please read the Terms and Conditions carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. By working with Whisked Away LLC for reservations for travel products or services, you agree that the Terms and Conditions herein shall apply. If you do not agree to the Terms and Conditions, please do not use or book any reservations for travel products or services.
The carriers, hotels and other suppliers are independent contractors and not agents or employees of Whisked Away LLC. Whisked Away LLC is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
In no event shall Whisked Away LLC and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, the services or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise.
Whisked Away LLC have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
Whisked Away LLC shall not be responsible for any injuries, losses or damages in connection with terrorist activities, social or labor unrest, mechanical or structural integrity of air, sea, and ground transportation and accommodations, diseases, local laws, terrorists acts, bankruptcy or cessation of supplier or carrier services, climatic conditions, Acts of God, delays, changes or cancellation of travel due to weather conditions, hotel services, accidents or health related problems before or while in-transit to (e.g., an accident on the way to a travel), during, and after a travel, or any other actions, omissions, or conditions which are outside of the direct control of Whisked Away LLC.
If, despite the limitation above, Whisked Away LLC or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then Whisked Away LLC, or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the agency fee or charge you paid to Whisked Away LLC in connection with such transaction(s), or (b) One-Hundred Dollars (US$100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms and Conditions is found to have failed of its essential purpose. The limitations of liability provided in these Terms and Conditions inure to the benefit of Whisked Away LLC and/or their respective suppliers.
It is the Traveler’s responsibility to protect their purchases and travel and health insurance is strongly recommended. Traveler is advised to obtain appropriate insurance coverage against these risks; information is available through a vendor partner of Whisked Away LLC regarding travel insurance. Traveler's retention of tickets, reservations, or bookings after issuance shall constitute a consent to the above and an agreement on his/her part to convey the contents hereto to his/her travel companions or group members. By embarking upon his/her travel, the Traveler voluntarily assumes all risks involved in such travel, whether expected or unexpected. Traveler is hereby warned of the above risks as well as possible travel industry bankruptcies and medical and climatic disruptions, and the possibility Traveler may be unable to travel as scheduled because of personal emergency.
You agree to defend and indemnify Whisked Away LLC, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of i) your breach of these Terms and Conditions or the documents referenced herein; or ii) violation of any law or the rights of a third party; or iii) your use of the services for, or on behalf of, a Third Party.
CHANGES AND INTERNATIONAL TRAVEL
PLEASE CHECK YOUR DOCUMENTS IMMEDIATELY UPON RECEIPT. CHANGING DATES, ACCOMMODATIONS, CARRIERS OR FLIGHTS COULD RESULT IN AN INCREASED FARE OR CHANGE FEES.
Traveler assumes complete and full responsibility for, and hereby releases Whisked Away 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 of such destinations, during the length of the proposed travel. It is the Traveler’s responsibility to have proper passports or government issued IDs where permitted. For information concerning possible dangers at international destinations, access the State-Department's on-line travel advisory service travel.state.gov. For medical information, call the U. S. Centers for Disease Control (CDC), 800-232-4636 or log on to www.cdc.gov./travel. For passport and Visa requirements check travel.state.gov.
No personal information that you provide to Whisked Away LLC will be used for any reason other than to service your travel needs and email you selected promotions with your approval.
1. you are at least 18 years of age;
2. you possess the legal authority to create a binding legal obligation;
3. you have read and understood the Terms and Conditions;
4. you will make legitimate reservations for you or for another person for whom you are legally authorized to act (a “Third Party”);
5. you will inform such Third Party about the Terms and Conditions that apply to the reservations on their behalf, including all rules and restrictions applicable thereto; and
6. all information supplied by you is true, accurate, current and complete.
Whisked Away LLC is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns, but if we are unsuccessful, you may pursue claims as explained in this section.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This also includes any Claims that arose before you accepted these Terms and Conditions.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms and Conditions as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
SUPPLIER RULES AND RESTRICTIONS
Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice.
We reserve the right to cancel your booking if full payment is not received in the timeframe directed by Whisked Away LLC.
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals.
You acknowledge that some third-party suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Upon submitting your booking request you authorize the Whisked Away LLC, to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that except as provided below with respect to tax obligations on the amounts retained for the services, Whisked Away LLC does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Whisked Away LLC pays to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our Travelers. We retain agency fees as additional compensation in servicing your travel reservation.
Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Whisked Away LLC for your hotel booking.
All booking requests must be submitted with a major credit card unless otherwise expressly stated. The total price will be billed in U.S. Dollars.
Unless a supplier has agreed otherwise, all products, services, advice, merchandise and information are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any request; (ii) that a Traveler will receive the lowest available price for goods and/or services; and (iii) regarding the availability of products and/or services.
LINKS TO THIRD PARTY WEBSITES
This Website may contain hyperlinks to websites operated by parties other than Whisked Away LLC. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.
All photos submitted are subject to our Photo Submission Guidelines stated below. Whisked Away LLC claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through the Website.
Photo Submission Guidelines
Any photos you submit must be:
On topic – All photos must be relevant to accommodation, restaurant, location, or general travel experiences.
Do not submit any photos or materials that are illegal, obscene, pornographic, profane, vulgar, offensive or insulting.
Do not submit photos or materials that invade the privacy or violate any personal right of any person or entity.
Do not submit photos or information about children or any third parties without their consent (or their parent’s consent in the case of a child under 13 years of age).
Children under 13 may not submit photos or other materials.
Original – You may only submit your own photos.
Do not submit photos from any other source (personal or commercial).
Do not submit photos that infringe the copyright, trademark, or other property right of any third party.
Noncommercial – Do not submit photos that include logos, branding, promotional material, or any other content intended for commercial purposes.
No harmful files – Do not submit photos that contain viruses or other harmful code that is either intended or may result in damage to the computers and systems of Whisked Away LLC and/or those using it.
You agree that no joint venture, partnership, or employment relationship exists between you and Whisked Away LLC as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
This Agreement, together with any other terms and conditions referenced herein, constitutes the entire agreement between you and Whisked Away LLC with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.