TERMS & CONDITIONS
CONSENT TO TERMS AND CONDITIONS
Access to and use of the services of DESIGNED 2 TRAVEL, LLC dba DESIGNED 2 TRAVEL (“DESIGNED 2 TRAVEL” and/or “our”) and our website is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through our offices or through our website, you, the purchaser and/or traveler (“Customer” and “passenger” and “you/your”) agree to be bound by these terms. PLEASE READ THE TERMS BEFORE USING THIS WEBSITE. These terms and conditions govern the relationship between DESIGNED 2 TRAVEL and you, the Customer. These terms restrict your rights and remedies and provide protection to DESIGNED 2 TRAVEL. These also include warranty disclaimers and liability exclusions. By using this website you acknowledge and agree (a) this is a fair balance because this website is accessible by you conveniently and at no charge to access the website; and (b) if you do not agree or do not accept these Terms and Conditions, you can choose to not use this website or DESIGNED 2 TRAVEL offices. So, if anything is in these Terms and Conditions, including warranty disclaimers and liability exclusions, that you disagree with or are not willing to be bound by, or if something is missing from these Terms and Conditions that you consider essential, then you must not use this website. IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, PLEASE DO NOT USE THIS WEBSITE OR DESIGNED 2 TRAVEL’S SERVICES. No alterations to these terms and conditions may be made by any DESIGNED 2 TRAVEL employee, authorized representative or agent, unless in writing by an authorized officer of DESIGNED 2 TRAVEL.
TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS
It is the responsibility of each Customer to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling 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. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are 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 data that is listed on airline ticket(s) and booking records. DESIGNED 2 TRAVEL strongly recommends that you take into account that certain countries will not admit a passenger, if their passport expires within six (6) months of the date of entry. Non-United States citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities; please see https://help.cbp.gov/app/answers/detail/a_id/268/kw/travel. The U.S. Customs and Border Protection Agency requires that for USA child groups under age 19 arriving by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Customer to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. Check each supplier’s website to ensure you and all members in your travel group or party obtain and carry travel documentation required.
When you receive any and all travel documents, it is the sole responsibility of the customer to review and verify all information. Contact DESIGNED 2 TRAVEL immediately if changes or corrections are required.
INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. We feel it is an invasion of privacy for any member of our staff to make such an inquiry. For example, if traveling to or through Canada, Americans with a Driving While Intoxicated (DWI) record should always check whether current rules exclude admission, and potential waivers. (Reference https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html)
Travel to certain destinations may involve greater risk than others. DESIGNED 2 TRAVEL urges customers to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, DESIGNED 2 TRAVEL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.
USE OF DESIGNED 2 TRAVEL ACCESS AND INFORMATION FOR TRAVEL BOOKINGS
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to make travel bookings with DESIGNED 2 TRAVEL by any means, including our Website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your travel bookings (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of DESIGNED 2 TRAVEL communications by minors under your name or account. You also warrant that all information supplied by you or members of your household transacting business with DESIGNED 2 TRAVEL is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities provided by DESIGNED 2 TRAVEL shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.
Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by DESIGNED 2 TRAVEL and any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in DESIGNED 2 TRAVEL debiting your account for any costs DESIGNED 2 TRAVEL incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by DESIGNED 2 TRAVEL.
PAYMENTS AND CANCELLATIONS
Unless otherwise defined during the reservation process, final payment is due prior to departure or consumption according to each supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) terms and conditions involved in your travel booking. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. In some cases there is NO REFUND once a booking is made and paid for. Your right to a refund if you change or cancel your travel plans is limited. All cancellation requests must be sent to DESIGNED 2 TRAVEL in writing. As a result of cancellation, DESIGNED 2 TRAVEL and third party supplier’s cancellation penalties will apply, which are detailed in your travel documentation, each supplier’s Websites and https://www.designed2travel.com Cancellation penalties are advised at time of booking and provided to you upon confirmation. If you have any questions, or any penalties are unclear, please contact your DESIGNED 2 TRAVEL agent. All cancellation fees will be charged to the credit card you authorized to pay for travel services, or deducted from the supplier’s refund.
AIR, CHECK-IN, SCHEDULE RECONFIRMATION
UNLESS SET FORTH IN WRITING, AIRLINE RESERVATIONS ARE NOT INCLUDED IN YOUR TRAVEL PLANS. In such an event, it is the Customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. DESIGNED 2 TRAVEL shall not assume any responsibility for any air and/or ground schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights. Failure to use a reservation may result in automatic cancellation of all continuing and return flights, as well as forfeiture of airfares.
Prospective customers are advised to reserve early to avoid disappointment and additional late booking fees.
TOURS: NO REFUND FOR UNUSED ARRANGEMENTS AND MINIMUM PASSENGER REQUIREMENTS
As DESIGNED 2 TRAVEL’s tour prices are based on contract rates, there will not be any refund for any unused portion of a tour. Some group tours are based on minimum numbers of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed or the tour may be canceled.
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred.
ALTERATIONS TO CONFIRMED BOOKINGS
If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you. Certain bookings may not be able to be changed. Administrative charges of $25 or more per change/per person are advised at time of booking, provided to you upon confirmation, and depend upon circumstances of the request. All desired changes must be made in writing to DESIGNED 2 TRAVEL.
HEALTH/SECURITY/TRAVEL DOCUMENTATION REQUIREMENTS
Each Customer is responsible to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodation for security rules imposed by government authorities. DESIGNED 2 TRAVEL shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by Customer’s health practitioner on a valid vaccination certificate, which the Customer must carry for proof of inoculation where required. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the USA State Department Website http://travel.state.gov, for relevant information relating to travel to specific destinations, and the USA Centers for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues. For further information relating to security, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States visit www.tsa.gov, www.dot.gov, www.faa.gov.us, www.ustreas.gov, www.cbp.gov on a regular basis for information regarding incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States especially your embassy and http://www.uscis.gov/ for non-USA citizens. (Customer is responsible for making DESIGNED 2 TRAVEL aware when traveling on a passport from a country other than the USA.) DESIGNED 2 TRAVEL neither controls nor warrants the issuance of visas related to applicable travel. Should a visa not be issued, DESIGNED 2 TRAVEL is not responsible for lost payments made toward the contemplated trip. Please note that USA rules regarding entry and exit change on a daily basis. 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 found http://www.tsa.gov/traveler-information/acceptable-ids. Examples: DHS-designated enhanced driver’s license, USA Passport, a foreign government passport.
USA federal law prohibits passengers from bringing hazardous materials on the aircraft. (1) USA federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s 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 radio- active materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. (2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed http://www.tsa.gov/traveler-information/prohibited-items.
All passengers are referred to always check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the DOT’s website, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements
E-tickets expire a year from the issue date unless carrier fare rules in passenger’s itinerary fare provide otherwise.
LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
DESIGNED 2 TRAVEL acts solely as a booking agent for disclosed principal supplier cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services (“supplier(s)”), and is not the source or provider of the travel services. Each of these supplier companies is an independent entity with its own management, and is not subject to the control of DESIGNED 2 TRAVEL. Customer is advised that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those suppliers, and understands and agrees each supplier’s Terms and Conditions are contained in printed form and are set forth on their respective Websites, which govern the transaction. All bookings are accepted by DESIGNED 2 TRAVEL as an agent for the travel suppliers on your itinerary. The transportation, accommodations and other services provided by the identified sea, ground, and air operator suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective Websites. BECAUSE DESIGNED 2 TRAVEL ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS, AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE DESIGNED 2 TRAVEL IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. DESIGNED 2 TRAVEL HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH DESIGNED 2 TRAVEL’S OFFICE OR THROUGH THIS WEB SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL INCREASES, AND OTHER MATTERS OUTSIDE OF DESIGNED 2 TRAVEL’S CONTROL, AND YOU HEREBY EXONERATE DESIGNED 2 TRAVEL FROM ANY LIABILITY WITH RESPECT TO THE SAME. Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of DESIGNED 2 TRAVEL’s control. Volcanic eruptions, ash clouds, and wind may be characterized as an adverse weather condition or a natural disaster by suppliers and your travel insurance company, which is beyond the control of DESIGNED 2 TRAVEL. DESIGNED 2 TRAVEL reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary, and to refuse to accept or to retain as a member of any tour any person at any time. DESIGNED 2 TRAVEL shall not assume any responsibility for any air and/or ground schedule changes. DESIGNED 2 TRAVEL has solely received commission and fees for travel transactions and Customer agrees and understands that any recovery from DESIGNED 2 TRAVEL will be limited to the commission and fees paid by Customer actually received by DESIGNED 2 TRAVEL.
“Force Majeure” means, in relation to DESIGNED 2 TRAVEL, any circumstances beyond the reasonable control of DESIGNED 2 TRAVEL, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).
DESIGNED 2 TRAVEL shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
If DESIGNED 2 TRAVEL, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by DESIGNED 2 TRAVEL to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although DESIGNED 2 TRAVEL shall use its reasonable efforts to reimburse you where possible. However, DESIGNED 2 TRAVEL shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to DESIGNED 2 TRAVEL of the Force Majeure and applicable cancellation fees.
Regarding civil unrest, once DESIGNED 2 TRAVEL has investigated the prevailing situation, as it deems fit, it shall remain in DESIGNED 2 TRAVEL’s sole and absolute discretion whether to proceed with the trip. You may in such circumstances cancel the trip subject to DESIGNED 2 TRAVEL’s and each supplier’s terms and conditions.
TRAVEL INSURANCE/TRAVEL PROTECTION
DESIGNED 2 TRAVEL OFFERS ACCESS TO MANY OPTIONAL PRODUCTS AND SERVICES TO ENHANCE EVERY TRAVEL EXPERIENCE. OPTIONS SUCH AS TRAVEL INSURANCE PROTECT PASSENGERS AND THEIR INVESTMENT. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CUSTOMER’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, Customer understands and agrees that if Customer cancels or interrupts Customer’s travel for any reason, portions of the trip/tour may not be refunded and DESIGNED 2 TRAVEL’s and travel suppliers cancellation penalties will apply resulting in the loss of monies up to the full cost of Customer’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by DESIGNED 2 TRAVEL. Employees of DESIGNED 2 TRAVEL are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for travel insurance selected.
ALTERATIONS IN TRAVEL PLANS
Alterations in itinerary may be necessitated for any number of reasons, including but not limited to severe weather at the sole discretion of DESIGNED 2 TRAVEL and subject to supplier terms and conditions. If a property, supplier, activity, or area is deleted for any reason, it may be replaced with a comparable one.
DESIGNED 2 TRAVEL reserves the right to use any photograph/video taken at any event or during any travel activity, without the express written permission of those included within the photograph/video. DESIGNED 2 TRAVEL may use the photograph/video in publications or other media material produced, used or contracted by DESIGNED 2 TRAVEL, including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. Any person desiring not to have their photo taken or distributed must contact DESIGNED 2 TRAVEL in writing at 248 Main Street # 240, Northport, NY 11768 of his/her intentions and include a photograph.
RESERVATION OF RIGHTS: CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on this website and are effective immediately on posting. Please check frequently, especially before you use this website, to see if these Terms changed. Use of the website after any changes to the Terms constitutes your consent to the changes.
RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY
We reserve the right to correct errors. All land and event offers are subject to availability and may change without notice. In the event of a land or event pricing error or omission, we reserve the right to adjust such pricing or make any other corrections.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Designed 2 Travel and Designed 2 Travel is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Designed 2 Travel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Designed 2 Travel of the site or any association with its operators.
Certain services made available via are delivered by third party sites and organizations. By using any product, service or functionality originating from the domain, you hereby acknowledge and consent that Designed 2 Travel may share such information and data with any third party with whom Designed 2 Travel has a contractual relationship to provide the requested product, service or functionality on behalf of users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Designed 2 Travel or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Designed 2 Travel content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Designed 2 Travel and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Designed 2 Travel or our licensors except as expressly authorized by these Terms.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Designed 2 Travel has no obligation to monitor the Communication Services. However, Designed 2 Travel reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Designed 2 Travel reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Designed 2 Travel reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Designed 2 Travel's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Designed 2 Travel does not control or endorse the content, messages or information found in any Communication Service and, therefore, Designed 2 Travel specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Designed 2 Travel spokespersons, and their views do not necessarily reflect those of Designed 2 Travel.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to or Posted on Any Designed 2 Travel Web Page
Designed 2 Travel does not claim ownership of the materials you provide to (including feedback and suggestions) or post, upload, input or submit to any Designed 2 Travel Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Designed 2 Travel, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Designed 2 Travel is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Designed 2 Travel's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Designed 2 Travel from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Designed 2 Travel Content accessed through in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Designed 2 Travel, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Designed 2 Travel reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Designed 2 Travel in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Designed 2 Travel agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DESIGNED 2 TRAVEL, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DESIGNED 2 TRAVEL, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DESIGNED 2 TRAVEL, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Customer and DESIGNED 2 TRAVEL with respect to travel bookings made with DESIGNED 2 TRAVEL by any means accessing such information, including its’ Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Customer and DESIGNED 2 TRAVEL with respect to communications with DESIGNED 2 TRAVEL, including the DESIGNED 2 TRAVEL Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Effective as of August 07, 2017
Any rights not expressly granted herein are reserved.