Services Terms and Conditions
PLEASE READ CAREFULLY, THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE CLIENT, AND COLORADO MICHELE TRAVELS LLC, A COLORADO LIMITED LIABILITY COMPANY(“Michele Travels” or the “Company”). Please CAREFULLY READ these terms and conditions (these “Terms and Conditions”) before using any of the Services offered by the Company (the “Services”).
By using the Services offered by the Company, including booking travel, you thereby agree (a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof, (b) that that you have received, read and understood the Website Terms and Conditions, which are incorporated by reference as if set forth fully herein, and that the Website Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms therein (c) to be bound by these Terms and Conditions, the Website Terms and Conditions, any terms, conditions or other rules, regulations or policies of the Company, as each may be amended or supplemented from time to time in our sole discretion without notice, and (d) that your use of the Services shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Services. IF YOU DO NOT AGREE WITH ANY PORTION OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE COMPANY’S SERVICES.
- About our Services
Michele Travels LLC assists its Clients to research, plan and book their domestic or international travel. To accomplish this, Michele Travels has extensive access to an extended network of businesses and partnerships that will cater to each Client’s unique needs. Want to take a cruise in Antarctica? We can make it happen. Want to plan a quick getaway a car ride away? We can help with that too. No matter your travel plan, we will help you make it happen. How do we do this? Well, we act as a facilitator between You and third-party Service Providers (such as hotels, tour operators and airlines). Through our years of experience and many and many affiliations we have built strong relationships with numerous leading companies in the travel industry (way too many to list here) and we will put this network to work for you. Michele Travels has expertise and knowledge of destinations, air travel, industry suppliers and acts as a facilitator between Client and third-party making the trip as stress-free and satisfying as possible. We save Clients precious time, stress and sometimes money. We also provide you support from start to finish- which these days is extremely important. We will book the travel for you on your behalf and handle all of the little details so you don’t have to. Instead, you get to focus on other things, like how many bathing suits is just too many.
We do need to make one thing clear though. We are an independent business. We do not work for the companies or Service Providers who will be working with you on your trip, i.e. the airlines, the hotels, the spas, cruise lines and so on. We are simply researching, planning and booking the trips and experiences on your behalf. You are entering into a separate contract with each Service Provider you use, and each one will have their own terms and conditions that you will be bound by, separate and apart from these Terms and Conditions. Michele Travels is not an employee, agent, or independent contractor for any of the Service Providers and has no authority to change or otherwise alter the terms and conditions of the Service Providers. Now onto the legal stuff.
- Some General Definitions
In addition to the terms defined above, the following terms have the meanings described below as follows:
- “We,” “our,” or “us” refers to the Company and the Company’s Services;
- “Client” or “Clients” refers to individuals who are users of Services;
- “You” or “your” refers to you, the individual Client, or if you are using the Services on behalf of a company, the company for whom you are acting.
- “Service Providers” refers to third-party vendors that provide the travel services, which include, without limitation, airlines, cruise lines, hotels, resorts, spas, transportation providers, guide services, concierge services, and so on.
- Travel Planning Services and Compensation
By using the Services offered by the Company, you agree to pay the Company a non-refundable travel planning fee. The amount of this fee will be determined on a trip-by-trip basis and is entirely dependent upon the nature and scope of the trip. As each trip is unique, the amount of the fee is dependent upon the amount of time the Company expects to spend putting your trip together. In determining the amount of the fee, the Company will take into account a variety of factors including, without limitation, the duration of the trip, the number of destinations, whether you request the Company to book special events or otherwise plan the itinerary for your trip. You agree to make all payments in cash, check, or credit/debit card.
- Service Providers
By using the Services, you acknowledge, understand, and agree that the Company is not the Service Provider. As stated above, the Company engages the Service Providers on your behalf. Each Service Provider has its own terms and conditions which you will be required to agree to be bound by to engage their services. By booking your travel through the Company, you agree to be bound by the Service Providers’ terms and conditions, including, without limitation, the Service Provider’s cancellation and change policies.
By using the Services, you agree to hold the Company harmless for any act or omission by a Service Provider, including, but not limited to: failing to provide the services contracted for; non-compliance with any laws, rules, or regulations; or any injury caused by the negligence of the Service Provider.
The Company will provide you with the names and websites (if applicable) of all Service Providers it intends to engage on your behalf. The Company strongly suggests that you review each Service Provider’s terms and conditions prior to authorizing the Company to make any reservations or other bookings on your behalf. You must approve the Service Provider(s) before the Company engages their services on your behalf.
- Additional Fees/Price Changes by Service Providers
By using the Services, you also understand and agree that there may be additional fees charged by the Service Provider(s) and you agree to pay these fees as required. Such fees may include, without limitation, reservation and ticketing fees, credit card fees, wire payment fees, concierge services, preparation and delivery of documents such as visas and passports, vaccination records, change and cancellation fees, and other similar charges.
By using the Services, You acknowledge and accept that the products you purchase may be subject to subsequent price increases by the Service Provider(s).
While we will do our best to keep you up to date on any impacts that COVID-19 may have upon your travel plans, these impacts are often sudden and often arise with little warning. By using the Services, you acknowledge, understand, and agree that (1) government responses to COVID-19 are fluid and often changing; (2) you may be required to provide proof of a negative COVID test at some point prior to departure; (3) you may be required to provide proof of a negative COVID test at some prior to Your return; (4) You may be subject to mandatory face covering requirements, temperature checks, health screenings, and other measures prior to and during your trip; (5) ports of entry may close with little or no notice; (6) your trip may be cancelled for reasons outside the control of our Service Providers; (7) You may be required to quarantine yourself at your own expense for a period of time upon arrival at your destination; and (8) if you test positive for COVID-19 while abroad, you may be required to quarantine for a period of time at your own expense prior to your return. You further agree to hold the Company harmless for any impacts that COVID-19 may have upon your trip, including but not limited to any financial loss, death, illness, cancellations by Service Providers, or quarantine requirements.
- Your Obligations
By using the Services you agree to the following:
- You agree to provide all information that is requested of you in a timely manner;
- You agree to provide the Company with accurate information;
- If travelling internationally, you agree that it is Your responsibility to make sure you have the necessary travel documentation (i.e. passport) and that said documentation is current and valid. It is also your responsibility to obtain all travel visas and other permits that may be required for your trip;
- You agree to review all documents for accuracy when you receive them and immediately communicate any inaccuracies or concerns you may have to the Company;
- You agree to make yourself aware of and stay up to date on all travel warnings, restrictions, and requirements for your chosen destination(s) and accept all risks associated with your travel. As such you agree to hold Company harmless for all known or unknown travel restrictions, any financial loss, death, illness, cancellations by Service Providers, or any other impacts these travel warnings, restrictions, and requirements may have upon your trip;
- You agree that it is Your choice to travel and you accept any and all risks associated with your choice.
- You agree not to issue chargeback disputes against the Company.
- Travel Insurance.
You are strongly encouraged to purchase travel insurance. You agree and understand that you are bound by the terms of any travel insurance policy you may purchase and further indicate that you have reviewed and understand the terms of any policy you ultimately purchase. Company makes no representations regarding travel insurance.
- No Fiduciary Duty.
Your use of the Services does not create or impose any fiduciary duty on the Company to you, and this Agreement is not intended to, and does not, create or impose any fiduciary duty on the Company. As such, to the fullest extent permitted by applicable law and notwithstanding any other provision of this agreement, you and the Company agree that no fiduciary duty is placed on the Company by your use of the Services.
You agree to defend, indemnify, and hold the Company and its employees, agents, licensors or contractors harmless from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to your use of the Services, including without limitation, your violation of these Terms and Conditions, in each case whether or not caused by the negligence of the Company or its employees, agents, licensors or contractors and whether or not the relevant claim has merit.
In the event that any third-party claim is brought, the Company has the right and option to, at its own expense, undertake the defense and control of such action with counsel of its choice. If the Company exercises this option, you agree to cooperate with it in asserting any available defenses
- Limitation of Liability.
IN NO EVENT SHALL THE COMPANY OR ITS EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, REVENUES, OR OTHER ECONOMIC LOSSES WHETHER DEEMED DIRECT OR CONSEQUENTIAL AND REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE. IN NO EVENT SHALL OUR LIABILITY FOR ANY DAMAGES, REGARDLESS OF KIND OR TYPE, TO YOU OR ANY OTHER PERSON, EXCEED $250.00.
- Disclaimer of Warranties.
You acknowledge and agree that no warranties of any kind are made with respect to the Services offered by the Company. Furthermore, you acknowledge that the information and travel booking services provided through the Company rely on information from sources such as third-party Service Providers that are beyond the control of the Company. Though such information is recognized to be generally reliable, you acknowledge that inaccuracies may occur, and that the Company does not warrant the accuracy or suitability of the information.
FOR THIS REASON, YOU ACKNOWLEDGE THAT THE SERVICES AND THE INFORMATION PROVIDED BY COMPANY ARE PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AVAILABILITY, SERVICE LEVELS, TIMELINESS, AND PERFORMANCE OF THE SERVICES.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES) RELATED TO THE FOLLOWING, AND DOES NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, (III) THAT ANY RESULTS MAY BE OBTAINED FROM YOUR USE OF THE SERVICES, OR THAT ANY DATA, CONTENT OR INFORMATION ON THE SITE IS, OR WILL BE, VALID, ACCURATE, TIMELY, ADEQUATE, COMPLETE, LEGAL OR OTHERWISE RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE COMPANY’S SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITE AND/OR SERVICES WILL BE CORRECTED.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES.
THE COMPANY DISCLAIMS ALL LIABILITY AND SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.
THE COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE QUALITY OF WORK/SERVICES CONTRACTED FOR AND PERFORMED.
13. CHOICE OF LAW AND JURISDICTION.
These Terms and Conditions and any claim, controversy, or dispute arising out of or relating to the Terms and Conditions or you use of the Services shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to any conflict of law principles.
14. Dispute Resolution/Agreement to Arbitrate
In the event a dispute of any kind arises out of, in connection with, or relating to the Services or these Terms and Conditions between you and the Company (including any dispute concerning its construction, performance or breach), the parties agree to submit the dispute to arbitration for final resolution. You and the Company agree to attempt to resolve the dispute informally for at least 30 days before proceeding to arbitration. All documents, discovery and other information related to any such dispute, and the attempts to resolve or arbitrate such dispute, will be kept confidential to the fullest extent possible. If a dispute arises, any party to the dispute will give written Notice to each other party. After Notice has been given, the parties in good faith will attempt to negotiate a resolution of the dispute. If, within 45 days after the Notice has been given, a dispute is not resolved through negotiation or mediation, the dispute will be arbitrated and submitted to JAMS/Endispute, and in accordance with the commercial arbitration rules of JAMS/Endispute. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted using the JAMS/Endispute service, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The parties agree to share the cost of Arbitration. The parties further expressly agree that if a dispute arises regarding the applicability of arbitration under this clause, then the issue of whether this dispute is subject to arbitration will also be decided by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and not by a court of law. The prevailing party shall be entitled to recover reasonable attorneys’ fees and costs in the arbitration. Judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recovery of reasonable attorneys’ fees in any court proceeding relating to this agreement to arbitrate or the enforcement or collection of any award or judgment rendered under this Agreement.
The failure of either party in any one or more instances to insist upon strict performance of any of the terms and provisions of this Agreement shall not be construed as a waiver of the right to assert any such terms and provisions on any future occasion or of damages caused thereby.
Whenever possible, each provision of these Terms and Conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms and Conditions shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms and Conditions. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon.
17. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and the Company with respect to Company’s Services. This agreement may not be modified except by the Company.