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Terms & Conditions of Agreement
AGREEMENT BETWEEN CUSTOMER AND ORENS UNIVERSAL, INC. OF
ENCINO, CALIFORNIA. These terms and conditions govern the
relationship between ORENS UNIVERSAL, INC. ("VIA VERDE TRAVEL")
of 16530 Ventura Blvd., Encino, California 91436, and you,
the purchaser and/or traveler ("customer" and/or
"you/your"), as they apply to the subject travel bookings.
No alterations to these terms and conditions may be made by
any VIA VERDE TRAVEL employee, representative or agent, unless
in writing by an officer of VIA VERDE TRAVEL. All decisions and
matters subject to VIA VERDE TRAVEL discretion shall solely be
made by an authorized officer of VIA VERDE TRAVEL.
COPYRIGHT AND TRADEMARK NOTICES. All contents of the VIA VERDE TRAVEL Web site and written materials produced by VIA VERDE TRAVEL are: ORENS UNIVERSAL, INC. ("VIA VERDE TRAVEL"). All
rights reserved. Other product and company names mentioned
herein may be the trademarks of their respective owners.
SERVICE FEE. These fees cover the costs incurred by VIA VERDE TRAVEL in servicing your travel booking.
RISKS/SAFETY. Travel to certain destinations may involve
greater risk than others. VIA VERDE 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 www.state.gov,
www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov,
www.treas.gov/ofac and www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS,
VIA VERDE TRAVEL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO
SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE
FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH
DESTINATIONS. CUSTOMER'S PARTICIPATION CONSTITUTES ACCEPTANCE
OF SUCH EVENTS AT CUSTOMER'S OWN RISK.
It is customer's sole responsibility to seek and take all
appropriate medical advice relevant to your health prior to
departure as to whether or not you are fit enough to
undertake the itinerary booked. VIA VERDE TRAVEL shall not be
liable for illness, injury or death sustained on a travel
booking sold by VIA VERDE TRAVEL.
USE OF VIA VERDE 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 use make travel bookings with VIA VERDE TRAVEL by any
means, including its Web site 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 VIA VERDE 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 VIA VERDE 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 VIA VERDE 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 VIA VERDE 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 VIA VERDE TRAVEL debiting your account for any
costs VIA VERDE 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 VIA VERDE TRAVEL.
GENERAL. This agreement is governed by the laws of the State
of California, USA. 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 travel bookings with VIA VERDE TRAVEL, including the use of
the VIA VERDE TRAVEL Web site. Use of the VIA VERDE TRAVEL Web site
is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions,
including, without limitation, this paragraph.
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 VIA VERDE TRAVEL with respect
to travel bookings made with VIA VERDE TRAVEL by any means
accessing such information, including its' Web site, and it
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between the
customer and VIA VERDE TRAVEL with respect to communications
with VIA VERDE TRAVEL, including the VIA VERDE TRAVEL Web site. 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.
Any rights not expressly granted herein are reserved.
SELLER OF TRAVEL. VIA VERDE TRAVEL is a registered seller of
travel in California, CST 1016660-40
(Registration as a seller of travel in California does not
constitute the state's approval.)
Upon cancellation, any funds paid to VIA VERDE TRAVEL that are
not under penalty by vendor or VIA VERDE TRAVEL shall be
returned to passenger. The California Seller of Travel
requires sellers of travel to have a trust account or bond.
VIA VERDE TRAVEL has a trust account for all client payments and
deposits.
PAYMENTS AND DOCUMENTATION. Final payment is due prior to
departure according to separate supplier terms and
conditions. If final and full payment is not received by due
date, reservations are subject to cancellation and deposits
shall be forfeited. Note: Airline reservations and
arrangements may not be included, unless set forth in
writing. In such 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. VIA VERDE TRAVEL shall not
assume any responsibility for any air and/or ground schedule
changes.
LATE BOOKINGS. Prospective customers are advised to reserve
early to avoid disappointment and additional fees.
TRAVEL DOCUMENTS. 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. We
strongly recommend 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. 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.
Non-United States citizens may require additional
documentation. Check with your local embassy or consulate.
REFUND OF UNUSED ARRANGEMENTS. As VIA VERDE TRAVEL tour prices
are based on contract rates, there will not be any refund
for any unused portion of a tour.
ALTERATIONS TO CONFIRMED BOOKINGS. If you decide to change
any portion of your confirmed arrangements prior to
departure, we will attempt to assist you at an
administrative charge of $150.00 per change.
HEALTH REQUIREMENTS. It is each customer's responsibility 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. VIA VERDE TRAVEL shall
not assume responsibility for the accuracy of health
requirements or vaccination information 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. Also,
check the U. S. State Department www.travel.state.gov for
relevant information relating to travel to specific
destinations, and the U. S. Centers for Disease Control
www.cdc.gov/travel/camerica.htm relating to health issues.
It is the responsibility of each traveler to check medical
requirements for wherever travel is planned.
RESPONSIBILITY. VIA VERDE TRAVEL is not the source or supplier
of the travel services requested, and acts solely as a
booking agent for disclosed principal supplier airlines,
hotels, bus companies, ground transportation, boat purveyors
or owners, and other independent contractors providing
accommodations, transportation, and/or other services. Each
of these companies is an independent legal entity with its
own management, and is not subject to the control of VIA VERDE TRAVEL. Customer is advised that the suppliers whose names
appear in the travel documentation are those actually
responsible for providing the travel services purchased, and
consents to and requests the use of those suppliers selected
by Customer.
All bookings are accepted by VIA VERDE TRAVEL as agent for
independent domestic and/or overseas travel suppliers. The
transportation, accommodations and other services provided
by the identified ground, water, and air operators offered
are subject to the terms and conditions contained in their
respective Web sites, brochures, tickets, exchange orders or
vouchers issued by them and/or their suppliers. Because
VIA VERDE TRAVEL does not have the right to control the
operations of the independent operators and their suppliers,
IT IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE
which may arise out of these services.
VIA VERDE TRAVEL reserves the right to cancel any itinerary or
any part of it, to make such alterations in the itinerary as
it deems necessary or desirable, to refuse to accept or to
retain as a member of any tour any person at any time, and
to pass on to customers any expenditure occasioned by delays
or events beyond its control, including but not limited to
fuel increases.
In case of any appreciable variation in its cost, VIA VERDE TRAVEL reserves the right to adjust its rates.
FORCE MAJEURE. "Force Majeure" means, in relation to VIA VERDE TRAVEL, any circumstances beyond the reasonable control of
VIA VERDE 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, civil disturbance,
requisition, sickness, quarantine, government intervention,
weather conditions or other untoward occurrences).
VIA VERDE 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.
If VIA VERDE 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 VIA VERDE TRAVEL to you as a result of
the non performance of any obligations hereunder shall
remain in its sole and absolute discretion, although VIA VERDE TRAVEL shall use its reasonable efforts to reimburse you
where possible. However, VIA VERDE TRAVEL shall be entitled to
deduct from any refund recoverable the reasonable actual and
potential costs to VIA VERDE TRAVEL of the Force Majeure.
Regarding civil unrest, once VIA VERDE TRAVEL has investigated
the prevailing situation, as it deems fit, it shall remain
in VIA VERDE TRAVEL's sole and absolute discretion whether to
proceed with the trip. You may in such circumstances cancel
the trip subject to supplier terms and conditions.
INSURANCE.
VIA VERDE TRAVEL strongly recommends you purchase travel
insurance, which VIA VERDE TRAVEL makes available to you. This
can protect you from financial loss in almost all
circumstances. VIA VERDE TRAVEL cannot be responsible for
cancellation, emergency evacuation, accidents abroad,
illness, lost luggage, or flight mishaps, and thus strongly
urges that you purchase available insurance coverage. An
additional charge will be made for insurance purchased.
VIA VERDE TRAVEL strongly recommends that you purchase the
following types of insurance:
- Accidental death and disability
- Travel accident
- Emergency medical evacuation
- Baggage & personal effects/lost luggage
- Flight insurance
- Trip cancellation/interruption
- Sickness and medical expense
- Trip delay
- Trip cost default protection
- Major Medical
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 VIA VERDE 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.
Please review our form Explanation of Responsibility,
Release of Liability, and Assumption of Risk,
as well as your travel insurance options! For additional information related to these Terms &
Conditions or to ask questions please contact us. |
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