By signing below (or clicking the "I Agree" buttons below), you indicate your acceptance of these terms, which will form a contract between Touralux LLC ("Company," "we" or "us") and the person signing below, on behalf of yourself and all members of your traveling party. These Terms will be incorporated into each Letter of Services ("Letter") that you accept. These terms and each Letter are collectively referred to as our Agreement.
DESCRIPTION OF SERVICES
We will provide services to you from the United States following our Agreement, and we may use subcontractors or other third parties to provide all or part of the services.
Either party may terminate this Agreement at any time in the event the other party is in default or breach of any material provision of the Agreement. Such negligence or breach continues unremedied for thirty (30) days after written notice thereof.
PAYMENT AND TAXES
We will invoice you as described in the Letter for services, and for other services, we will invoice you monthly, in arrears. Invoices are payable net twenty (20) days from the invoice date. If you fail to make payment of any invoice by its due date, we may suspend services. Your failure to pay any undisputed fee when due is a material breach of this Agreement and such unpaid charges shall accrue interest from the due date until paid at the rate of 1.5% per month or the maximum rate allowed by applicable law, whichever is less. Amounts payable to us are exclusive of any tariff, duty, or tax, however, designated or levied. You shall pay all applicable taxes (including without limitation sale, goods and services, use, property, privilege ad valorem, and excise taxes) and duties except for taxes based on our income.
We act only as agents for the resorts, hotels, air carriers, ground operators, and other travel services suppliers shown on the Letter (the "Suppliers"). We are not responsible for the acts or omissions of suppliers or their subcontractors or their failure to provide services, adhere to their own schedules, or honor their contracts. Nor are we responsible for any personal or property injuries, omissions, delays, failures to make connections, re-routings, or acts of any governmental authority, or for damage and/or delay due to causes beyond our control such as labor disputes, bankruptcy, defaults, mechanical breakdowns. Pandemics, epidemics, quarantines, government restraints, weather problems, volcanic activity, earthquakes, terrorism, or threat of terrorism. Each Supplier has its own terms and condition that apply to your particular arrangements in addition to this Agreement.
FOREIGN ENTRY REQUIREMENTS AND HAZARDS
We have no specialized knowledge regarding foreign entry requirements, unsafe conditions, terrorism, health hazards, weather hazards, supplier bankruptcies, or the suitability for a disabled person of any portion of any trip. For information concerning possible dangers at destinations, we recommend going to the State Department travel website at www.travel.state.gov. For information about passports and visas, and potential risks at your destinations, go to https://travel.state.gov/content/travel.html, click on "Find International travel information" and click on "Country Information," and fill in the name of the destination country. For medical and health information, we recommend 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 and your connecting points, and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination. Many countries require your passport to be valid for six months beyond the date of entry.
There will be no refunds if you are unable or unwilling to use any of the travel services described in our Letter after you have partly or wholly paid for them, or in the event of changes, the shortening of your trip, or a reduction in the number of people in your party.
"If our Suppliers or we cancel or reschedule a trip for reasons beyond our control, we will refund any amounts that we receive back from the Suppliers during the first 90 days after the date your trip (or unused portion of your trip) was to have taken place. The preceding is outsole responsibility in connection with full or partial cancellation, rescheduling, or early termination of any trip." The foregoing is outsole responsibility in connection with full or partial cancellation, rescheduling, or early termination of any trip.
LIMITATION OF LIABILITY
OUR MAXIMUM AGGREGATE LIABILITY CONCERNING THIS AGREEMENT, OUR PUBLICATIONS, AND/OR THE SERVICES SHALL BE LIMITED TO THE AMOUNTS RECEIVED BY US FOR OUR FEES (NOT REIMBURSEMENTS) FROM YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM. THE PARTIES ACKNOWLEDGE THAT THEY HAVE BARGAINED-FOR AND AGREED TO THE FOREGOING LIMITATIONS OF LIABILITY AND THAT THEY ARE AN INTEGRAL PART OF THE CONSIDERATION FOR THIS AGREEMENT.
This Agreement supersedes all prior proposals, discussions, and agreements and constitutes the entire Agreement between the parties relating to the services. This Agreement may be modified or supplemented only by a written document signed by an authorized representative of each party. There are no covenants, promises, agreements, conditions, or understandings, either oral or written, between the parties relating to the subject matter of this Agreement, other than as set forth herein. No representation or warranty has been made by or on behalf of a party to this Agreement or any officer, director, agent, or employee thereof, to induce the other party to enter into this Agreement, except representations and warranties expressly set forth herein. The preprinted terms and conditions of any purchase order or other ordering document issued by you in connection with this Agreement, which add to or conflict with the terms and conditions of this Agreement shall not be binding on Company and shall not modify this Agreement.
The parties shall initially attempt in good faith to resolve any significant controversy, claim, allegation, or Dispute arising out of or to relate to this Agreement or the services (from now on collectively referred to as a "Dispute") through negotiations between each party. If the Dispute is not resolved within thirty (30) days (or such other period of time mutually agreed upon by the parties) of notice of the Dispute, then the parties agree to submit the Dispute to non- binding mediation on terms and procedures to be mutually agreed to for a period of ninety (90) days. Any mediation proceedings shall be treated as settlement discussions and shall be confidential, and no mediator may testify for either party in any later action relating to the Dispute. No recording or transcript shall be made of the mediation proceedings. Each party shall bear its own costs and expenses of the mediation, and the parties shall share equally the fees and expenses of the mediator. If the Dispute is not resolved through negotiations or arbitration as set forth above, then either party may commence litigation; provided, that this paragraph shall not be construed to prevent a party from seeking injunctive relief without observing the requirements of this paragraph.
The parties agree that this Agreement shall be governed by the laws of the State of California without regard to its conflicts of law principles. If any provision of this Agreement is invalid, illegal or unenforceable, the enforceability of the remaining provisions will not be affected or impaired. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS IN LOS ANGELES COUNTY, CALIFORNIA, USA, IN ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT. The prevailing party shall be entitled to reasonable attorney's fees.
Except for payment obligations hereunder, neither party shall be liable for delays in any of its performance hereunder due to causes beyond its reasonable control.
Suppose any provision of this Agreement shall be deemed illegal or otherwise unenforceable, in whole or part. In that case, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the regulation and the Agreement shall remain in full force and effect. The waiver of any right or election of any remedy in one instance shall not affect any rights or remedies in another situation. A waiver shall be effective only if made in writing and signed by an authorized representative of the party making such waiver. The client may not transfer or assign its rights, duties, or obligations under this Agreement to any person or entity, in whole or in part, without the prior written consent of Company. Any such prohibited assignment shall be void.
All notices under this Agreement shall be given by addressing the communication to the other party at the address outlined in the Letter. Such notice may be provided by certified or registered mail or overnight carrier. Such notices shall be deemed given on the date of receipt (or refusal) of delivery of said notice. Either party may update its address upon written notice to the other party.
SELLER OF TRAVEL LAW
Touralux LLC's Washington Seller of Travel Number is 604-404-645