Terms of Service Booking Conditions

Terms of Service Booking Conditions

TERMS OF SERVICE: BOOKING CONDITIONS

LAST UPDATED: MAY 24, 2020

Welcome to the SWAT website and its related mobile app (together, the “Site”)!  Please read these Booking Conditions carefully before You start to use the Site.

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The SWAT Community Experience team is here to help! Our FAQs offer lots of information for travellers.   If we weren’t able to answer Your question via our FAQs, we can be reached at info@swatup.com or Live Chat.

 

  1. INTRODUCTION

JusTours, Inc. (d/b/a SWAT, a Delaware corporation with offices at 2470 Paseo Verde Parkway Suite 140, Henderson, NV, 89074, USA) and together, with its parent, its subsidiaries, affiliates, successors or assigns (collectively referred to as “SWAT”, “we”, “us”, “our”).The term “You”, “you”, “Traveler”, and “Participant” refers to the customer visiting the Site and/or booking a reservation through us on this Site, or through our customer service agents.

 

  1. SERVICES

Our Site facilitates the booking of combined reservations for: air, water, rail and ground transportation; hotel and other accommodations; restaurants; other food and beverage packages; tours; tickets to live entertainment events and festivals; sightseeing excursions; and, other services and activities (a “Service” or the “Services”) provided by various third-party suppliers (“Suppliers”).

 

  1. INCLUSION OF OTHER TERMS AND CONDITIONS

 

These Booking Conditions include our Terms of Use, Privacy Policy, Cookie Policy, Payment Plan Terms and Conditions (if applicable) and the Acknowledgment of Risk and Release (together “The Agreement’).  You should read all of the documents that constitute The Agreement carefully. The Agreement describes what you are legally entitled to expect from us when you book your trip through us, in addition to important obligations you make as a customer that effect your legal rights.

 

  1. ACCEPTANCE OF TERMS OF SERVICE

By booking a Service from this Site, or via our customer service agents, You are deemed to have agreed to the Booking Conditions then in force and that You agree to abide by these Booking Conditions and any additional terms and conditions of any Supplier that are applicable to your booking/travel arrangements. The lead traveler for your group, if applicable, assumes the responsibility of sharing these Terms and Conditions with each trip participant, including payment of all amounts when due. It is the responsibility of each traveler to read The Agreement in its entirety. We are not responsible for any travellers’ unawareness of the Terms and Conditions due to the failure of the lead traveler to share this information with all other travelers.

 

We reserve the right to change these Booking Conditions from time to time.  Your continued use of the Site or other service following the uploading of any changes to the Booking Conditions constitutes Your acceptance of such changes. You agree to be bound by the terms and conditions that are in effect at the time of your travel or cancellation, whichever applies.  You agree that it is Your responsibility to be familiar with these terms and conditions and to check back from time to time for any changes.

 

If You do not agree to be bound by these Booking Conditions, You must immediately stop accessing the Site, You must not contact our customer service agents and You must otherwise stop all activity in relation to us.

 

You represent and warrant that (a) You are legally authorized to act on behalf of those You represent and accept these terms and conditions on their behalf, and (b) the information supplied by You or members of your group is true and correct. You understand that You are financially responsible for any use of our services or website by You and those for whom You make bookings.

 

You agree that any violation of any such terms and conditions may result in (a) the cancellation of Your reservation, (b) Your forfeiture of any monies paid for your reservation or purchase, and (c) Your being denied access to the applicable travel related product or service.

 

  1. PRICING & PAYMENT
    1. Pricing Errors. Despite our best efforts, a Service listed on the Site may occasionally be incorrectly priced.  We reserve the right to correct any pricing errors on the Site and/or on pending reservations made under an incorrect price.  In such event, if available, we will offer You the opportunity to keep Your pending reservation at the correct price or You may cancel Your reservation without penalty.
    2. Promotional codes. Any issued promotional codes are for individual use only, unless otherwise specified.  We reserve the right to adjust any Service pricing affected by a promotional code at any time, including for an error caused by us.
    3. Pre-paid hotel selections. You acknowledge that we pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that we provide You services to facilitate such booking of reservations for a consideration (the “facilitation fee”). The room rate displayed on the Site is a combination of the pre-negotiated room rate for rooms reserved on Your behalf by us and the facilitation fee retained by us for our services. Reservations are made for the total reservation price, which includes the room rate displayed on the Site, plus tax recovery charges, service fees, and where applicable, taxes on our services.
    4. Payment plans. We offer a payment plan option (the “Payment Plan Option”) that allows You to purchase certain Services and pay the total amount due through multiple payments over a specified amount of time.  By selecting a Payment Plan Option, You agree to the Payment Plan Terms and Conditions.  You must make payment for your arrangements in accordance with the instructions we give you. A non-refundable service fee is required upon registration. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out below will become payable. We reserve the right to refuse a booking without giving any reason and shall, in that event only, return any deposit received.
    5. Exclusions. Unless specified, pricing does not include:
      1. airport transfers, taxes and excess baggage charges;
      2. meals / beverages; Special diets should be requested at the time of booking; however, it may not be possible for special diets to be catered to in some of the destinations we feature. For safety and liability reasons, we and our representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise the hotels and airlines of your request but we cannot guarantee their availability.
      3. visa and passport fees; and
      4. optional activities and all personal expenses.
      5. And any other items not specifically listed on your itinerary.

 

  1. FINALIZATION OF HOTELS + FLIGHTS.
    1. Hotel rooms. Hotels selected by You are subject to change by us until Your account is paid in full, the room is finalized with roommates that you select, and the hotel confirms Your reservation.  Each traveler is responsible for coordinating with other travelers for Your indicated occupancy.  For example, if a travelers signs up for a quad occupancy package (four people per room) and one of the three other indicated travellers either does not sign up, removes him/herself from the room or cancels, the remaining three travelers will be required to re-finalize the rooming before the indicated deadline.  Otherwise, the remaining travelers will be charged the difference in price between the actual occupancy (triple) and the intended or paid-for occupancy (quad), or the hotel reservation will be subject to cancellation without refund, or subject to change, including but not limited to change in rooming type and hotel.Rooms will be assigned by the respective supplier/s on a run-of-the-house basis. Special requests such as single rooms, lower floors, connecting rooms and smoking preference, and ADA accessible rooms must be made at the time of booking.  While we will make reasonable efforts to communicate your requests to the supplier, such requests are not guaranteed and are at the discretion of the supplier. There may be additional charges for such requests which will be solely the expense of the guest making the request.Guests should be aware that hotel room sizes, standards and facilities can vary regionally and are often different from standards in the United States.  This can include difference in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning and compliance with other standards such as ADA and wheelchair accessibility.  One of the joys of international travel is experiencing different cultures and different ways of life so we hope that you will accept these differences with grace and a sense of adventure.We reserve the right, if necessary, to substitute other similar hotels for hotels listed. Such substitutions may be made at any time and without prior notice. We cannot be held responsible for hotel over-bookings; should such occur, We will undertake to find similar accommodations in the same area. Such substitutions are at Our sole discretion and no refunds will be offered for changes in accommodations.

      While we exercise due diligence in the selection of our partners, hotel and other accommodation profiles are based on information provided to us by the supplier.  This includes images and descriptions of the properties and rooms.  Additionally, guests should be aware that star ratings or similar systems are based on country classifications and therefore can differ.  While we do our best to maintain current and accurate information regarding these suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.

    2. Flights selected by You are subject to change by us until Your account is paid in full and Your flight is ticketed by the airline and subject to the airline’s terms and conditions, including cancellation terms.  If Your Travel Package includes air transportation, it is Your responsibility to select and finalize Your flight itinerary prior to any deadline disclosed to You by us.  If You fail to select and finalize Your flight itinerary prior to such deadline, us may (1) select Your flight itinerary for You, (2) cancel Your Services without refund, or (3) subject to a change in flight itinerary, including but not limited to departure city and dates.  If Your flight itinerary is changed due to Your failure to timely select a flight itinerary, You may be subject to a change fee of up to $250.00 per person plus any third-party rate increase due to the change.
    3. All final hotel and flight details will appear on the travel itinerary that will be emailed and/or sent via text message to You and posted on Your “My Account” page prior to departure. Travelers are required to immediately review all aspects of their booking to verify: Traveler names, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking receipt. Please notify us immediately if any omissions and/or corrections are needed regarding the booking details. Traveler(s) voluntarily assumes full and sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Traveler is required to verify the accuracy of the Traveler’s LEGAL first & last names. It is mandatory that traveler names be identical to the Passenger(s) LEGAL first and last names and identical to the names as they appear on booking and travel documents.
    4. For Your safety and comfort, and to prevent roommates or affiliated groups from being separated due to one or more Participants’ late or non-payment, we reserve the right to provide alternate, equivalent accommodations for You and Your roommates and/or affiliated group if payments are not received on time.

 

  1. AMENDMENTS TO YOUR BOOKING
    1. Any amendment request must be sent to us in writing, by email, and will take effect at the time we receive it.
    2. You must ensure that you have received written confirmation of any amendments from us prior to travel.
    3. Any amendment request is subject to availability.
    4. While we will try to assist, we cannot guarantee that the relevant Supplier will meet any amendment request. Amendments can only be accepted in accordance with the terms and conditions of the relevant Supplier. A Supplier may impose amendment charges to you, and any increase in rates, as applicable.  In addition, you must pay us an administration fee of $50 per change per individual booking (Administration Fee).  We will notify you of the exact charges at the time of amendment.  If Supplier fees will apply, we will provide You the opportunity to cancel your amendment request without incurring any amendment fees.
    5. Please note: some Suppliers may not allow amendments and therefore full cancellation charges will apply.
    6. Prior to any change to a hotel, flights or travel dates being made, the entire balance for the purchase must be paid in full together with our Administration Fee and all applicable third-party charges.
    7. Traveler changes. Subject to Supplier restrictions, You may transfer Your booking to a third party (Substitute Traveler) at any time prior to 35 days before the scheduled departure date.  No traveler changes will be made without us having issued a written confirmation of substitution of traveler.  THERE ARE NO MEDICAL OR OTHER EXCEPTIONS TO THIS PROVISION.  To substitute a traveler, You authorize us releasing information relating to the Services purchased by You.  Further, the Substitute Traveler agrees (1) to pay for the balance, if any, of the remaining charges and (2) agree to these Booking Conditions of Service as if the Substitute Traveler had originally made the reservation. It is Your sole responsibility to handle all exchange of payment/reimbursement for transferring the trip to the Substitute Traveler. No Substitute Traveler will be allowed except as stated in this section.  Any Substitute Traveler is subject to these Booking Conditions, and may be subject to additional Supplier restrictions incurred.

 

  1. CANCELLATION AND REFUNDS
    1. Please read this section carefully before making your booking.
    2. Cancellation by You.
      i) Any cancellation request must be sent to us in writing, by email, and will take effect at the time we receive it. You must ensure that you have received written confirmation from us of your cancellation.
      ii) We will charge You an administration fee of $50.00 per person for any cancellation.
      iii) Balance, Deposit, First Payment, Payment Plan Option are defined terms as set out in the Payment Plan Terms and Conditions.
      iv) If You have chosen our Payment Plan Option:
      You may cancel at any time before Your First Payment without any further obligation to pay.
      You may cancel at any time after Your First Payment has been paid but you remain obligated to pay the Balance.
      v) If you have chosen to pay for your booking in full at the time of booking:
      You may cancel within 30 days from the date of your booking, and you will receive 100% of the total price paid back, less $25. This $25 is non-refundable.
      You may cancel at any time after 30 days from the date of your booking but you will not receive any refund.
      vi) When you purchase a travel protection plan, either from a third party or as offered on the Site at the time of purchase, please ensure that you have read and understood the specific terms and conditions applicable to your travel protection plan. Please read section 11 of these Booking Conditions (Travel Protection Plan) for what your travel protection plan should cover.
      vii) If a cancellation refund extension is offered on the Site, and you have chosen to purchase this cancellation refund extension, You will have the right to cancel your trip for any reason, including COVID-19 concerns up until 30 days before your departure date. You will receive a 75% refund of the total amount paid by you at the time of cancellation, less your deposit (or $25, if you have paid in full).
      viii) Your Deposit, or $25 (if you paid the full amount at the time of booking) is non-refundable, regardless of when you cancel. This term applies even if you have chosen to purchase a travel protection plan, or cancellation refund extension, as offered on the Site.
      ix) We are required to pay all suppliers well in advance of your trip date. All suppliers have their own cancellation policies, which apply to your booking. While we will try to assist, we cannot guarantee that the relevant Supplier(s) will meet any cancellation request. Cancellations can only be accepted in accordance with the terms and conditions of the relevant Supplier(s). A Supplier may impose cancellation charges on you. Generally, flight tickets, hotel reservation and other items provided for your travel cannot be refunded if they are partially used. We are not responsible for a supplier’s failure to pay a refund.   For this reason, you must purchase a travel protection plan.
    3. Cancellation by Us.
      i) In the unlikely event that any part of the Services becomes unavailable prior to departure or during the course of the trip, we will inform you as soon as reasonably possible if we need to cancel or modify your confirmed Service. We reserve the right to make changes to your date of departure, city of departure, and place of accommodations.
      ii) If a change or cancellation is due to Extraordinary Circumstances (as defined below), no refund will be provided, and we shall be relieved of all obligations and liability to You for the cancellation of the trip. You agree to hold us harmless from any and all claims, loss or damage resulting therefrom.
      iii) “Extraordinary Circumstances” means any circumstances like Acts of Government, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes, terrorist activity, natural & nuclear disasters, fire, epidemic, pandemic physical injury, quarantine, medical or customs or immigration regulation or health risk, Acts of God, adverse weather conditions or other similar events beyond our control.
      iv) We also reserve the right to refuse a booking without giving any reason and shall, in that event only, refund all payments received, less the Deposit Payment, if you did not choose the Payment Plan Option, less $25.

 

  1. AGE REQUIREMENT
    1. By booking a Service from this Site, or via our customer service agents, You warrant that You are at least 18 years old and have the legal authority to enter into legally binding agreements.
    2. Specific age restrictions may apply to certain Services as notified on the Site.
    3. We take no responsibility or liability for any Traveler who is not of the appropriate age to purchase and/or participate in the Services.

 

  1. MEDICAL INSURANCE
    1. It is a requirement that each Traveller making a reservation through the Site has medical insurance before they travel.
    2. You represent to us that:
      i) You have (or will have) adequate primary medical insurance to cover any injury or damage to Yourself while participating in any Services purchased through us, and if Your insurance is not sufficient to cover such costs, You agree to pay all costs of rescue and/or medical services as may be incurred on Your behalf.
      ii) You understand that we rely upon those representations in making any Services available to You.
      iii) You understand that Your participation in certain events and activities may invalidate any insurance coverage You may have.
      iv) You have no medical or physical condition that could interfere with Your safety or health while engaged in any of our Services.
    3. Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. We cannot be held responsible for denied entry if a Traveler is unable to provide details to authorities of insurance.
    4. For the safety or our guests, we reserve the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion.
    5. You request and give Your permission to us that You may be admitted to any hospital or medical facility for diagnosis and treatment. You request and authorize physicians, dentists, staff and nurses to perform any diagnostic procedures, treatment procedures, operative procedures, and x-ray treatment reasonably required or appropriate. Nevertheless, we will not be responsible (i) for finding You medical assistance, (ii) if You do not receive medical assistance, or (iii) if the medical assistance You receive is insufficient, inadequate, negligent or otherwise fails to treat Your condition or makes it worse. You further agree to pay all costs associated with such care or transportation.

 

  1. TRAVEL PROTECTION PLAN
    1. We require that You purchase travel protection before travelling. Such plan at a minimum should cover Trip Cancellation or Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss.
    2. You can purchase such travel protection coverage separately from a third-party or You may purchase it as offered on the Site, if available. We are not qualified to answer technical questions about the benefits, exclusions, and conditions of any travel protection plans. We cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
    3. You are advised to carefully read the terms and conditions that apply to your travel protection plan.
    4. Where a travel protection plan is not offered on the Site, a cancellation refund extension may be offered on the Site instead. You acknowledge that such a cancellation refund extension is not a travel protection plan.
  2. ACKNOWLEDGMENT OF RISK & RELEASE
    1. Prior to Your use of any purchased Services, You agree to our Acknowledgment of Risk & Release.

 

  1. INTERNATIONAL TRAVEL/PASSPORT AND VISA
    1. Prior to booking international travel, we recommend that you review any U.S. Government’s prohibitions, warnings and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel in such destination is safe or without risk. It is the responsibility of the traveler to become informed about the most current travel information, advisories and warnings by referring both to the U. S. State Department’s travel website at www.travel.state.gov/ and by accessing the Center for Disease Control (CDC) website at https://wwwnc.cdc.gov/travel/notices. If the traveler still chooses to travel to the locale of a warning, the traveler assumes all risk of personal injury, death or property damage that may arise out of or which relates to the type of events warned against.
    2. A valid passport is required for United States citizens. Passports must be up to date with an expiry at least 6 months after the trip return date. Many countries also require that your passport have at least two completely blank pages.  For up to date visa requirements US citizens should visit travel.state.gov.
    3. 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. 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. For more information you can visit the TSA website at https://www.tsa.gov/travel/security-screening/identification.
    4. Citizens of other countries require a valid passport and may require additional documents. Such persons should contact consulates of countries to be visited and obtain proper documents before departure. The possession of required and valid passport and visas is the sole responsibility of the traveler. We assume no liability for lack of proper documents.
    5. It is essential that you see your physician before booking your trip and before traveling to make sure that you have taken all necessary health precautions. Some vaccinations require more than one visit with a period of weeks between injections. You should visit your physician at least 6 weeks before departure. For up to date medical advice we strongly recommend that you visit the Center for Disease Control and Prevention (CDC) travelers’ health page: www.cdc.gov/travel or for non-US citizens, your country’s equivalent.
    6. It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.
    7. Any failure of a traveler to have proper visas and/or passport will likely result in the traveler not being able to leave the country or enter a destination and no refund will be available in any such case and We will have no liability in such case.
    8. Disinsection: Some countries require insecticide spraying of aircraft prior to a flight or while you are on the aircraft. Federal law requires that we refer you to the Department of Transportation’s Disinfection Information page on their website at the time of booking for further information.  https://airconsumer.dot.gov/spray.htm.

 

  1. ACCEPTABLE BEHAVIOR
    1. By booking a Service from us, You agree that Your fellow travelers & any of our employees or representatives have the right to travel and work in a safe environment. If You threaten the safety or welfare of Yourself or others, You will be removed from the Services.  You will not be entitled to any refund from us and You will be responsible for Your own repatriation & related costs.  We may also elect not to carry You on any future Services booked.
    2. When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the accommodation owner or manager or other supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a vacation/holiday. Guests agree not to hold us or any of its related entities liable for any actions taken under these terms and conditions.
    3. You must at all times comply with the laws, customs, foreign exchange and drug regulations of any countries visited.
    4. Baggage and personal effects are at all times the sole responsibility of the traveler.

 

  1. SPECIFICATIONS
    1. We reserve the right to alter the specifications of any Service as listed on the Site. Any alteration shall be of the same or higher value as the original listed Service.
    2. Your statutory rights will not be affected.

 

  1. SUPPLIER TERMS AND CONDITIONS
    1. All Services are provided by third party Suppliers, and not us.
    2. Additional Supplier terms and conditions may apply to Your reservation and purchase of Services. You are bound by these terms and conditions regardless of whether You receive notice of these terms and conditions.
    3. In particular, You acknowledge and understand that:
      1. airlines can increase their prices at any time before tickets are issued and that we has no control over issuance of tickets; and
      2. Suppliers have their own terms and conditions covering cancellation penalties and other terms and conditions.
    4. We are an independent contractor and is not an employee, agent, or representative of any of these suppliers. We do not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. We are not affiliated with any other tour operator. The Suppliers providing travel and/or other services to You are independent contractors and are not agents or employees of ours. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all customers agree that neither we, nor our employees, agents, or representatives are liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Supplier or for any personal injuries, death, property damage, or other damages or expenses resulting there from. We assume no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any participant that may result from any act or omission on the part of others.
  2. INDEMNIFICATION
    1. You agree to defend and indemnify us, our affiliates, and/or our 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 Booking Conditions or the documents referenced herein;
      ii) your violation of any law or the rights of a third party; or
      iii) any misrepresentation, act or omission made by you in connection with your use of the Site; or
      iv) your use of this Site.

 

  1. LIMITATION OF LIABILITY
    1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF OUR ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
    2. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES; COSTS OR DAMAGES OF ANY KIND INCURRED OR SUFFERED BY YOU AS A RESULT OF A SERVICE.
    3. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF US TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
    4. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS “LIMITATION OF LIABILITY” SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

  1. GOVERNING LAW/VENUE SELECTION/CLASS ACTION WAIVER
    1. These Booking Conditions are governed by the laws of the State of Nevada without regard to conflict of law provisions. You and we submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Clark County, Nevada for resolution of any lawsuit or court proceeding permitted under these Booking Conditions. All traveler claims must be submitted in writing and received by us no later than sixty (60) days after the completion of the vacation.  Traveler claims not submitted and received within this time shall be deemed waived and barred.
    2. THESE BOOKING CONDITIONS PROVIDE FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION AND SUPERSEDES ANY LAW ENTITLING TRAVELER TO PARTICIPATE IN A CLASS ACTION. THIS CLASS ACTION WAIVER PRECLUDES TRAVELER FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING ANY CLAIM. EVEN IF APPLICABLE LAW PROVIDES OTHERWISE, TRAVELER AGREES THAT ANY LAWSUIT AGAINST US WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION.