These Terms and Conditions (“Terms”) become effective between The Travel Adventure Team  LLC DBA Hidden Adventures Travel Co (“Agency”) and you (including all travelers on the same booking) (“you” or “Traveler”) upon your signature (electronic or written) until terminated in writing by you or Agency.

 

These Terms are subject to change at any time, without prior written notice. The effective version of these Terms is located at www.hiddenadventurestravel.com/terms-and-conditions

 

DEFINITIONS

 

“Agency” means Hidden Adventures Travel Co.

 

“Booking Services” means travel reservation and booking services provided to you by Agency.

 

“Lead Traveler” means you, acting on behalf of all Travelers on the same booking.

 

“Supplier” means any party who provides Travel Services to Travelers.

 

“Terms” means these Terms and Conditions.

 

“Traveler” means you and all Travelers on the same travel booking.

 

“Travel Services” means travel products and services provided to you by Suppliers, including hotel accommodations, air transportation, cruises, car rentals, tours, activities, and similar products and services involving any type of leisure, business, or other travel.

 

TRAVELERS

  • You are the Lead Traveler, representing all Travelers on the same booking.

  • You are responsible for:

    • Sharing these Terms with all Travelers; and

    • Providing to Agency written confirmation that all Travelers agree to these Terms.

  • You are responsible for understanding these Terms—please read them carefully before accepting Booking Services or Travel Services.

  • If you do not understand any part of these Terms, please: (1) confer with your legal counsel; and (2) contact Agency in writing to request clarification.

  • You acknowledge receipt of the Agency’s Travel Services Agreement, which refers to these Terms.

 

AGENCY

  • Agency is a travel agent who provides Booking Services to you.

 

SUPPLIERS

  • Suppliers are independent companies who provide Travel Services to you.

  • Suppliers operate under their own terms, conditions, and management.

  • Your travel documentation identifies each Supplier responsible for providing your Travel Services.

  • By paying for Travel Services, you consent to the use of those Suppliers.

  • All documentation, receipts, confirmations, and tickets issued are subject to the terms and conditions specified by the Supplier.

  • Please read Supplier terms and conditions carefully. You are responsible for understanding and adhering to terms imposed by any Supplier with whom you elect to deal, including, without limitation, payment of all amounts when due and compliance with Supplier’s rules and restrictions regarding availability and use of Travel Services.

  • You understand that any violation of any such Supplier’s terms may result in denied access to Travel Services, cancellation of reservations, and forfeiture of any monies paid. If any such violation results in fees or penalties to Agency, you agree to cover such actual costs.

  • Suppliers may require you to sign a liability waiver prior to participating in their Travel Services.

  • Suppliers are not subject to Agency’s control—they are not employees, agents, representatives, or affiliates of the Agency.

  • Agency is not responsible for any Supplier’s breach of contract, failure to comply with any laws, or wilful or negligent acts or omissions, which may result in delay, inconvenience, costs, loss, damage, injury, or death to Travelers or Travelers’ companions.

  • If a Supplier declares bankruptcy, it is not obligated to transport you or to provide refunds. It might continue to provide some or all Travel Services, or it may stop operations completely.

  • Other Suppliers may, but are not required to, provide alternative Travel Services.

  • Payments to Agency immediately become the property of Suppliers, as required by law.

  • Agency is not permitted to provide refunds for Suppliers who have declared bankruptcy.

  • Agency has no special knowledge about the financial condition of Suppliers, and Agency has no liability for recommending a trip credit or a refund.

 

RATES & INCLUSIONS

  • Quoted rates are based on the precise inclusions Agency will provide to you in writing.

  • Unless specifically itemized on your travel documentation, rates do not include Travelers’ costs, fees, or taxes incurred for or related to:

    • Airports, ports, stations, security, agriculture, customs, immigration, visas, passports, or any other government-imposed taxes  or fees, without limitation; or

    • Meals, beverages, alcohol, minibars, entertainment, seat assignments, upgrades, excursions, hospitality, gratuities, copies, telecommunications, energy, laundry, cleaning, bedding, parking, valet, insurance, taxis, transfers, porterage, departures, travel segments, health, medical tests or treatment, vaccinations, pharmaceuticals, supplements, or any miscellaneous charges of a personal nature, without limitation.

 

PERSONAL INFORMATION

  • You consent to Agency and Supplier use of your personal information.

  • You understand that, as part of booking any Travel Services, certain personal information may be conveyed to third parties to accommodate your travel.

  • Such information includes birth dates, passport numbers, travel dates, occupation, frequent flyer information, bank accounts, credit cards, and other information needed to secure travel arrangements.

  • Agency will not be liable for the distribution of your information to any Supplier.

  • Our liability for the failure of any foreign Supplier to protect your personal information is specifically excluded.

  • You authorize Agency to keep your personal information for as long as needed to provide Booking Services and for a reasonable period thereafter for Agency’s legal or business purposes.

 

 

GROUPS

  • Terms for groups will differ from Flexible Independent Traveler (FIT) guidelines.

  • For details, see your “Group Sales Contract.”

 

RESERVATIONS & PAYMENT

  • You authorize Agency to charge your credit card, debit card, or other means of payment for the charges associated with your travel booking.

  • By authorizing Agency to charge your means of payment through Agency’s payment authorization platform, written documentation, or by phone, you understand and agree to all the terms and conditions of the booking, including, without limitation, all cancellation policies.

  • Traveler payments to Agency in currency other than U.S. Dollars (USD) will be converted at then-current exchange rates.

  • Agency payments to Suppliers will be converted at then-current exchange rates between USD and the currency in the Supplier’s country.

  • A purchase is not complete until all deposits and other amounts due have been processed and a booking confirmation has been provided to you in writing.

  • If payments are not received by their due date, all components of the booking may be canceled by the Supplier, which may result in NON-REFUNDABLE previous payments.

  • Agency is not responsible for Supplier fare increases, fees, or penalties incurred due to late payment, all of which must be paid by you.

  • Agency reserves the right to cancel your booking if Agency does not receive full payment for Booking Services or Travel Services within a reasonable time, at Agency’s sole discretion.

  • If rebooking is requested, Agency will assist with obtaining any refunds due to rebooking trips (e.g., using future cruise credits), but Agency may, in its sole discretion, charge a NON-REFUNDABLE FEE for that Booking Service.

 

CHANGES & CANCELLATIONS

  • You agree to adhere to the terms and conditions of Suppliers regarding your travel reservations or bookings and you agree to pay any applicable change or cancellation fees.

  • If you change or cancel a reservation or booking, you may be subject to:

    • Supplier fees, charges, or penalties.

  • NO REFUNDS will apply to any canceled, unused, or partially used Travel Service.

  • Hotels may not permit changes to or cancellation of reservations, subject to the terms and conditions of the hotel reservation.

 

NO SHOWS

  • Failure to travel or show up for any reservation or booking is considered a “no show.”

  • No-show penalties will be up to the entire cost of travel, subject to terms and conditions of Supplier and Agency policies.

 

REFUNDS, CHARGEBACKS, AND ADJUSTMENTS

  • Any claim for refund or adjustment must be sent to Agency in writing.

  • Full details and proof of payment documentation must accompany all claims.

  • You may not be entitled to a refund if you change or cancel your travel plans after (1) a confirmation of the booking; or (2) payment of a booking.

  • Refunds are subject to Supplier terms and conditions.

  • Suppliers may not issue refunds for cancellation due to actual, threatened, or fear of potential terrorist events, political unrest, pandemic or health concerns, or similar circumstances. Please carefully review Supplier terms and conditions.

  • You waive any right to a chargeback in case of cancellation (except for fraud) including any Force Majeure event (as described below).

  • If you attempt a chargeback, reverse charge, or recollection of a travel payment already made without the Agency’s authorization, Agency has the right to charge you additional costs, fees, and expenses associated with such chargeback, reverse charge, or recollection, including, without limitation, attorney fees.

 

TRAVELER IDENTIFICATION & PROOF OF CITIZENSHIP

  • The Transportation Security Administration (TSA) requires all airline passengers to provide:

    • Secure Flight Passenger Data (SFPD);

    • Full name as it appears on government-issued identification;

    • Date of birth;

    • Gender; and

    • Redress number (if available).

  • The name of Travelers on all reservations and travel documents must match the name as it appears on that Traveler’s government-issued identification.

  • Traveler is responsible for any fees and expenses that may be incurred due to an incorrect name or the denial of travel resulting from incorrect information.

  • Updated information regarding security measures and requirements for air travel are available at www.tsa.gov. Agency highly recommends that Travelers check this website well before travel.

  • All U.S. citizens traveling to or from any international destination must have a valid passport, which must be valid for at least six months beyond the Traveler’s date of return.

  • Travelers are responsible to confirm current entry and exit requirements and obtaining the necessary travel documentation based on the country of origin, destination, and stops in any additional countries.

  • Minors age 17 and under traveling alone or with a single parent may be required to have additional documentation on domestic or international flights.

  • NO REFUND will be issued for any costs or losses incurred as a result of the Traveler’s failure to obtain or provide required travel documentation.

 

ACCOMMODATIONS

  • Hotel accommodation is subject to availability at the time of reservation.

  • Some hotels require NON-REFUNDABLE and NON-TRANSFERABLE deposits to guarantee a booking. In such cases, Agency will notify you regarding the NON-REFUNDABLE pre-payment for that portion of your travel.

  • Amenities such as elevators, air conditioning, bedding size, and similar preferences are not guaranteed at all properties. In addition, even if a property has amenities such as air conditioning or elevators, such amenities are not guaranteed to be operational or available during your stay.

  • Reimbursement for lack of amenities is solely the responsibility of the hotel. Agency may elect to act as an intermediary, but it is not responsible for such reimbursement under any circumstances.

 

DISABILITIES & SPECIAL NEEDS

  • If you have disabilities or special needs that may require non-emergency special services, additional support, or disability accommodations, please advise Agency in advance of booking.

  • If you are unable to use your own wheelchairs, mobility devices, or other medical equipment or devices, rentals may be available, potentially subject to additional charges.

  • Airlines and other Suppliers may impose charges for additional baggage and may have size restrictions for wheelchairs they can accommodate.

  • If you travel with a service animal or emotional support animal, Suppliers may require advance arrangements and documentation regarding the animal’s health, training, and related factors.

  • Countries outside the United States and Canada often apply different laws, rules, regulations, standards, and accommodations for persons with disabilities or special needs.

  • Travel destinations may have limited medical facilities, limited availability of prescription medications, and limited means to accommodate your disability or special needs.

  • Please consult your health provider prior to planning or booking your travel.

  • Travel insurance plans may provide access to emergency medical care, medical evacuation, and replacement of prescription medications. Agency strongly recommends the purchase of comprehensive travel insurance.

  • Agency will make all reasonable efforts to request assistance or arrange for appropriate services or equipment regarding Travelers' disabilities or special needs. However, Agency is not responsible for the failure of Suppliers to meet Traveler's needs and expectations.

 

AIR TRAVEL

  • Most airlines consider a name change to be a cancellation.

  • You are responsible for excess baggage fees. Travelers are responsible to confirm airline baggage allowances for all flights.

  • International flights may have different requirements than domestic flights.

  • Tickets of any kind are payable in full at the time of booking.

  • Airline tickets, once purchased, may be NON-REFUNDABLE and NON-EXCHANGEABLE, subject to airline terms and conditions.

  • Agency is not responsible for any loss, accident, injury, delay, defect, omission, or irregularity that may occur, such as changes, additional expenses, and cancellations due to weather conditions, schedule changes, and other changes beyond Agency’s control.

  • You agree to adhere to the safety guidelines of all airlines and hold Agency harmless from any liability due to airline restrictions.

  • Airline seat assignments are not complimentary on every airline.

  • Charges for pre-assigned seats in advance of flight time may be subject to additional charges.

  • Agency cannot guarantee seats in specific locations or next to each other. Seat assignments are strictly based on availability at the time seats are being selected and paid for.

  • Airlines retain the right to change aircraft and seat assignments at any time.

  • Agency is not responsible for any changes made by airlines or any additional charges imposed by airlines for any changes to seat assignments after selection and payment.

 

HAZARDOUS MATERIALS & INSECTICIDES

  • All air passengers are prohibited by federal law from bringing hazardous materials aboard aircraft in their luggage or on their person. Violations can result in up to 10 years of imprisonment and significant fines under 49 U.S.C. 5124 (see https://www.govinfo.gov/content/pkg/USCODE-2009-title49/pdf/USCODE-2009-title49-subtitleIII-chap51-sec5124.pdf).

  • Examples include, without limitation, explosives, compressed gases, flammable fluids and solids, oxidizers, poisons, corrosives, radioactive materials, paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals.

  • Special exceptions apply for small quantities (up to 70 ounces total) of medical and toilet articles carried in your luggage and certain smoking materials on your person.

  • Restrictions on hazardous materials are listed at:

https://www.tsa.gov/travel/security-screening/whatcanibring/all.

  • Some foreign airports require airlines to treat passenger cabins with insecticides prior to or during flights. The U.S. Department of Transportation (DOT) provides a list of such requirements:

https://www.transportation.gov/airconsumer/spray.

  • You are responsible for understanding and adhering to all requirements regarding hazardous materials and insecticides.

  • Please contact your airline regarding your itinerary and applicable rules.

 

PASSPORTS, VISAS, AND DRIVER’S LICENSES

  • You are responsible to be familiar with the laws and rules governing any travel to any country.

  • You are responsible to determine the documents needed, acquiring such documentation, and ensuring your passport is up to date and valid to enter or exit any country.

  • Agency may be able to assist you in acquiring the necessary travel documents upon your request.

  • However, Agency is not responsible or liable for your failure to hold visas or documentation or to determine the validity of your passport or any other travel document to enter or exit any country.

 

ENTRY REFUSAL

  • Countries may restrict entry for persons with criminal records.

  • You are responsible to understand all destination entry laws and knowing if you or anyone in your party has a criminal record.

  • Agency does not inquire about Traveler criminal records in the interests of privacy.

  • Refusal of entry is not a valid reason for cancellation, chargeback, or refund.

 

TRAVEL DURING PANDEMICS, EPIDEMICS, AND OTHER TRAVEL ADVISORIES

  • You are solely responsible to be fully aware of any restrictions related to pandemics, epidemics, and other travel advisories.

  • You warrant that you have reviewed and understand all U.S. Center for Disease Control (CDC) and U.S. Department of State travel advisories, notices, warnings, restrictions, and rules, including those regarding pandemics, epidemics, COVID-19, and other health threats.

  • You are aware that certain countries, including the United States, may require testing and quarantine upon entering the country, as well as testing and quarantine upon returning to the United States or your country of residence.

  • You understand destination countries may have limited availability of tests required for return to the United States.

  • Screening procedures and restrictions may take place at airports and in public areas.

  • Restrictions may include mandatory face coverings and/or temperature checks in airports, hotels, cruise ships, trains, or other means of transport.

  • You are aware that immigration restrictions may be put in place before or during travel that could impede your ability to enter or exit your destination as planned.

  • All Travelers, including U.S. Citizens, should refer to current CDC guidelines, country-specific guidelines, and Supplier requirements regarding testing and documentation requirements.

  • If you fail to adhere to current regulations or provide any required testing results or documentation, you may be denied boarding, entry, or return to the United States or your country of residence.

  • You are responsible for continually checking the latest CDC and State Department travel advisories, which can be navigated via the following links:[SF4] 

[SF5] 

 

 

  • CDC and other governmental notices and policies may change before your travel, during your travel, and after you return from travel.

  • Neither Agency nor Suppliers are responsible for Traveler testing or documentation.

  • You understand the inherent risks of choosing to travel.

  • You accept the risks set out above and hold Agency harmless against any travel restrictions, death, illness, cancellations by Suppliers, financial loss, quarantining rules, or measures put in place at airports or destinations you travel through.

  • You hold Agency harmless for any financial penalties or fees imposed by Suppliers for cancellations or postponements relating to COVID-19, pandemics, epidemics, natural disasters, accidents, disturbances, or any similar events and you agree not to pursue any credit card charge-back, reimbursement, or legal action against Agency regarding such penalties or fees.

 

TRAVEL INSURANCE

  • Agency strongly recommends that each Traveler purchase comprehensive travel insurance.

  • If you decline to purchase travel insurance that includes coverage for medical needs while traveling and coverage for travel delays, you assume all personal risk and financial loss if you cancel your travel or incur costs or losses during the course of travel.

  • You understand that concerns or fear of pandemics or epidemics are not a covered reason under some travel insurance policies.

  • Insurance policies may exclude coverage for pandemics and epidemics.

  • Insurance claims will only be paid for covered matters, as stated in the insurance policy.

  • You hold Agency harmless for your election not to purchase travel insurance and for any denial of any claim by any insurer for any reason.

 

FORCE MAJEURE

  • No failure or delay in the performance of any obligation under these Terms will be a breach if such failure or delay arises from a force majeure or any cause beyond the reasonable and foreseeable control of Agency, including, without limitation, acts of God, floods, weather conditions, fires, explosions, accidents, war or threats of war (declared or undeclared), acts of terrorism, sabotage, insurrection, riots, strikes, or civil disobedience, sickness, epidemics, pandemics, quarantines, government interventions, defects in machinery or vehicles, delays or other events (collectively, “force majeure”).

  • Agency is not liable to you and will not provide any refunds caused by delay or non-performance of any obligation under these Terms to the extent any such delay is due to any force majeure.

  • If any Suppliers are affected by any force majeure, they may, in their sole discretion, vary or cancel any itinerary or arrangement in relation to your travel without notice.

  • If an accident occurs and you seek assistance from us, you will be responsible (financially and otherwise) responsible for all alternative travel arrangements.

 

LIMITATIONS OF LIABILITY

  • BECAUSE THE AGENCY ACTS AS AN AGENT FOR SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH SUPPLIERS, YOU AGREE THAT THE AGENCY IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE FROM BOOKING SERVICES.

  • AGENCY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO,  LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR SPECIAL DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY SUPPLIER BOOKING THROUGH US, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, OR IRREGULARITY THAT MAY BE INCURRED THROUGH THE FAULT, WILFUL ACTS, NEGLIGENCE, OMISSIONS, OR OTHERWISE OF SUCH SUPPLIER OR ITS EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES, INCLUDING, BUT NOT LIMITED TO, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF TRAVEL SERVICES, THEIR CANCELLATION AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY OR CESSATION OF OPERATIONS, AND ANY OTHER MATTERS OUTSIDE OF AGENCY’S CONTROL, AND YOU EXONERATE US FROM ANY LIABILITY WITH RESPECT TO THE SAME.

  • ANY RECOVERY BY YOU FROM THE AGENCY WILL BE LIMITED TO THE AMOUNT OF COMMISSIONS OR FEES ACTUALLY RECEIVED BY THE AGENCY FOR PROVIDING BOOKING SERVICES TO YOU DIRECTLY RELATED TO SUCH RECOVERY ON A CASE-BY-CASE BASIS.

  • AGENCY’S SOLE OBLIGATIONS AND LIABILITIES ARE AS STATED IN THESE TERMS. ALL OTHER REPRESENTATIONS OR WARRANTIES—EXPRESS OR IMPLIED, BY STATUTE, LAW, OR OTHERWISE—ARE EXCLUDED.

 

ARBITRATION

  • In case of a dispute between the you and Agency relating to or arising out of these Terms, we will first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, then we will submit the dispute to binding arbitration.

  • The arbitration shall be conducted as follows:

    • State of North Carolina, County of Moore.

    • The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, vary the provisions of these Terms, award punitive damages, or certify a class.

    • The arbitrator shall be bound by applicable and governing federal law as well as the law of the State of North Carolina, County of Moore.

  • Each party shall pay its own costs and fees.

 

GENERAL

  • Amendments. These Terms may be amended only in writing by Agency.

  • Assignment. You may not assign any right or obligation under these Terms without Agency’s prior written consent, which will not be unreasonably withheld or delayed.

  • Waiver. No forbearance or delay in enforcing these Terms will prejudice or restrict any rights of you or the Agency. No waiver of a right will operate as a waiver of any subsequent right. No right is exclusive to any other right, and each right is cumulative.

  • Severability. If any part of these Terms is found unenforceable, that part will be enforced to the fullest extent permitted by law and the remainder of these Terms will remain fully in force.

  • Relationship of Parties. These Terms do not create an agency relationship, legal-entity partnership, joint venture, or employment relationship between you and Agency. You have no authority to bind Agency or incur any obligation on Agency’s behalf.

  • Notices. Notices under these Terms will be in writing and deemed given when sent to the receiving party’s email or other address provided for purposes of notice.

  • Counterparts. These Terms may be signed or accepted electronically in more than one counterpart; each will be an original. Counterparts together constitute a single instrument.

  • Governing Law. These Terms are governed exclusively by the laws of North Carolina without regard to conflicts of law provisions.

  • Further Assurances. You and Agency will perform any additional acts as necessary to effect these Terms and will address together in good faith any unforeseen issues that arise under these Terms with a view to mitigating any material adverse impact on either party.

  • Entire Agreement. These Terms, together with the Travel Services Agreement, are the entire agreement between you and Agency and supersedes all prior agreements, written or oral, between us regarding its subject matter.

 

THE TRAVEL ADVENTURE TEAM LLC DBA Hidden Adventures Travel Co is registered with the State of Florida as a Seller of Travel. Registration No. ST42722

 

Powered by Travel Industry Solutions, LLC ©2022 rev 01 June 2022

TERMS OF USE OF WEBSITE

 

Date of the last Update: April 19, 2021

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS SHALL BE BINDING UPON USERS OF HIDDENADVENTURESTRAVEL.COM WEBSITE AND ITS SERVICES.

 

Introduction

 

Please carefully read the Terms of Use (“Terms”) for the website located at hiddenadventurestravel.com (the “Website”) including its sub-domains and mobile-optimized version, as set out hereinafter. The Website is owned and operated by The Travel Adventure Team LLC a Limited Liability company registered in the United States and having its registered address located at 10205 US Hwy 15-501 Unit 26 #156 Southern Pines, NC 28387 (hereinafter referred to also as “Company”, “we,” “us” or “our”). Any ancillary terms, guidelines, the Privacy Policy (the “Policy”) and other documents made available by the Website from time to time and as incorporated herein by reference, shall be deemed as an integral part of the Terms. These terms set forth the legally binding agreement between you as the user(s) of the Website (hereinafter referred to as “you”, “your” or “User”) and the Company. If you are using the Website or its services on behalf of an entity, organization, or company (collectively “Organization“), you declare that you are an authorized representative of that Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such  Organization. In such a case, “you” in these Terms refers to your Organization, and any individual authorized to use the Service on behalf of the Organization, including you.

 

We do not permit users under the age of 18 to use this website. You represent that you are over the age of 18.

 

For European Union (EU) Users

 

If you are an EU consumer, you will benefit from any mandatory provisions of law of the country in which you are a resident.

 

By using company provided services, accessing or using the Website in any manner as laid down herein, including, but not limited to, visiting or browsing it, or contributing content or other materials to it, you agree to be bound by these Terms.

 

These Terms, granted hereunder, may not be transferred or assigned by you, but may be assigned by the Website without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

Acceptance of the Terms

 

Each time by viewing, using, accessing, browsing, or submitting any content or material on the Website, including the webpages contained or hyperlinked therein and owned or controlled by the Website and its Website Services, whether through the Website itself or through such other media or media channels, devices, software, or technologies as the Website may choose from time to time, you are agreeing to abide by these Terms, as amended from time to time with or without your notice.

 

The Website reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Website and/or the Website Services (or any part thereof) with or without notice. You agree that the Website shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website Services.

 

Website or the Website management may modify these Terms from time to time, and any change to these Terms will be reflected on the Website with the updated version of the Terms and you agree to be bound to any changes to these Terms when you use the Website or the Website Services. The Website may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications.

 

Also, occasionally there may be information on the Website or within the Website Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and the Website management reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

 

When you use the Website and/or upload, submit, enter any information or material to the Website or use any of the Website Services, you shall be deemed to have agreed to and understand the Terms.

 

IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE WEBSITE

 

Website Services

 

The Website represents a company providing travel advisory services to the general public and/or organizations utilizing the services of a travel advisor. 

 

Service Availability

 

The Website shall use commercially reasonable efforts to keep it up and running 24 hours a day, seven days a week; provided, however, that it may carry out scheduled and unscheduled maintenance work as necessary from time to time and such maintenance work may impact the availability of the Website.

 

Account Registration and Club Membership

 

In order to use some or all of the functionalities and Website Services provided through the Website you may be required to log in with the Website. At the time of login, you will be asked to provide personal information such as name, address, phone number, email address, username and other personal information.

 

Upon verification, Website may accept your use of website.

 

You represent, warrant and covenant that: (i) you have full power and authority to accept these Terms, to grant any authorization and to perform any of your obligations hereunder; (ii) you will undertake the use the Website and Website Services for individual purposes and (iii) the address you provide when registering is your address of record.

 

  • You must not allow any other person to use your login to access the Website.

  • You must notify us in writing immediately if you become aware of any unauthorized use of your account.

 

User IDs / Username and passwords

 

If you log in with the Website, you will be asked to choose a User ID and password. Your User ID must not be misleading and must comply with the content rules set out in this document; you must not use your account or User ID for or in connection with the impersonation of any person.

 

You shall be responsible to maintain the confidentiality of your password and shall be responsible for all uses via your login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your login or password.

 

You must notify the Website if you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password).

 

You are responsible for any activity and content on the account arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

 

Login data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

 

Discontinuation of Use

 

If you engage in Prohibited Conduct or otherwise violate any of the Terms, your permission to use the Website may be terminated.

 

Electronic Signature Consent

 

You agree that your “Electronic Signature” is the legal equivalent of your manual signature for this Agreement, thereby indicating your consent to do business electronically.

 

By clicking on the applicable button in the Website, you will be deemed to have executed these Terms electronically via your Electronic Signature with Company; effective on the date you first click to accept these Terms.

 

Electronic Delivery of Communications

 

You agree to receive communications from Website in electronic form. Such electronic communications may include, but will not be limited to, any and all current and future notices and/or disclosures that various laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship with the Website.

 

You accept that the electronic documents, files and associated records provided via your account with Website are reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and you acknowledge and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep. Website reserves the right to require ink signatures on hard copy documents from the related parties, at any time.

 

User Responsibility

 

Users are solely responsible for all of the transactions conducted on, through or as a result of use of the Website or Website Services.

 

You agree that the use of the Website and/or the Website Services on the Website is subject to all applicable local, state and federal laws and regulations. You also agree:

 

  • not to access the Website or services using a third-party’s account without the express consent of the account holder;

  • not to use the Website for illegal purposes;

  • not to commit any acts of infringement on the Website or with respect to content on the Website;

  • not to copy any content for republication in print or online;

  • not to create reviews or blog entries for or with any purpose or intent that does not in good faith comport with the purpose or spirit of the Website;

  • not to attempt to gain unauthorized access to other computer systems from or through the Website;

  • not to interfere with another person’s use and enjoyment of the Website or another entity’s use and enjoyment of the Website;

  • not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or

  • not to disrupt, interfere with, or otherwise harm or violate the security of the Website, or any services, system restores, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked website.

  • not to use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;

  • not to use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

  • not to use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

  • not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without the express written consent of the Website owner;

  • not to access or otherwise interact with the Website using any robot, spider or other automated means;

  • not to violate the directives set out in the robots.txt file for the website;

  • not to use data collected from the website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);

  • not to infringe these Terms or allow, encourage or facilitate others to do the same;

  • not to plagiarize and/or infringe the intellectual property rights or privacy rights of any third party;

  • not to disturb the normal flow of Website Services provided within the Website;

  • not to create a link from the Website to another website or document without Company’s prior written consent;

  • not to obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on the Website;

  • not to create copies or derivate works of the Website or any part thereof;

  • not to reverse engineer, decompile or extract the Website’s source code;

  • not to remit or otherwise make or cause to deliver unsolicited advertising, email spam or other chain letters;

  • not to collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder; and/or

  • not to pretend to be or misrepresent any affiliation with any legal entity or third party.

 

In addition to the above clause, unless specifically endorsed or approved by the Website, the following uses and activities of and with respect to the Website and the Website Services are prohibited:

 

  • criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;

  • transmitting chain letters or junk email;

  • engaging in any automated use of the Website or the Website Services.

  • interfering with, disrupting, or creating an undue burden on the Website or the Website Services or the networks or services connected or linked thereto;

  • attempting to impersonate another user or person;

  • using the username of another user;

  • using any information obtained from the Website or the Website Services in order to harass, abuse, or harm another person;

  • deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website or the Website Services;

  • attempting to bypass any measures of the Website or the Website Services designed to prevent or restrict access to the Website or the Website Services, or any portion of the Website or the Website Services;

  • harassing, annoying, intimidating or threatening any the Website employees or agents engaged in providing any portion of the Website Services;

  • using the Website and/or the Website Services in any manner inconsistent with any and all applicable laws and regulations.

 

Using data collected from the website to contact individuals, companies or other persons or entities.

 

Supplying false, untrue, expired, incomplete or misleading information through the Website.

 

You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Website and use of our Website Services.  You represent and warrant to us that you have all right, title, and interest to any and all content you may post, upload or otherwise disseminate through the Website. You hereby agree to provide Company with all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for our Website Services.

 

Third party websites

 

The Website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. Goods and services of third parties may be advertised and/or made available on or through this Website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. The Website shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

 

The management of the Website has no control over third party websites and their contents, and subject to the Terms it accepts no responsibility for them or for any loss or damage that may arise from your use of them.

 

The Website may contain links from third party websites. External hyperlinks to or from the Website do not constitute the Website’s endorsement of, affiliation with, or recommendation of any third party or its website, products, resources or other information. The Website is not responsible for any software, data or other information available from any third-party website. You are solely responsible for complying with the terms and conditions for the third-party sites. You acknowledge that Company shall have no liability for any damage or loss arising from your access to any third-party website, software, data or other information.

 

We do not always review the information, pricing, availability or fitness for use of such products and services and they will not necessarily be available or error free or serve your purposes, and any use thereof is at your sole risk. We do not make any endorsements or warranties, whether express or implied, regarding any third-party websites (or their products and services).  Any linked websites are ruled by their privacy policies, terms and conditions and legal disclaimers.  Please read those documents, which will rule any interaction thereof.

 

We strongly recommend that you read the terms and conditions and privacy policy of any third-party websites or services that you visit.

 

The Website may provide tools that may allow you to link your account on the website with an account of a third-party service.  By using these tools, you agree that we may transfer such User Content and information to the applicable third-party service. Such third-party services are not under our control, and we are not responsible for the contents of the third-party service or the use of your User Content or information by the third-party service. The Service, including our websites, may also contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked website. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked website. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties’ services or websites.

 

Third party rights

 

A contract under the Terms is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

 

The exercise of the parties’ rights under a contract under the Terms is not subject to the consent of any third party.

 

You agree not to; modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, scrape, gather, market, rent, lease, re-license, reverse engineer, or sell any information published by other users without the original publishers written consent.

 

Ownership

 

The trademarks, copyright, service marks, trade names and other intellectual and proprietary notices displayed on the Website are the property of – or otherwise are licensed to – Company or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.

 

Digital Millennium Copyright Act Policy (DMCA)

 

At hiddenadventurestravel.com we respect the intellectual property rights of others. We act in a way that does not infringe on others’ rights.

 

We take claims of copyright infringement very seriously and respond to notices regarding such matters expeditiously.  If you are a copyright holder owner or authorized to act on behalf of a copyright owner, you may report claims of copyright infringement to us by sending a DMCA notice of alleged infringement, containing the following:

 

  1. Identification, including a description, of the copyrighted work you are claiming has been infringed. If you are claiming infringement of multiple works you may provide a representative list.

  2. The location of the allegedly infringing material, including identification of URL where the allegedly infringing material is accessible or the exact location where the infringing material may be found.

  3. Your company affiliation, if applicable, your mailing address, telephone number, and email address.

  4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law.

  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.

  6. Your full legal name and your electronic or physical signature.

 

This notice may be sent to Christy Nicholson, info@hiddenadventurestravel.com

 

Upon receipt of your Notice, we will take all actions we deem appropriate, including removal of the infringing material or disable access to the infringing material. Please note that you must comply with all of the requirements above for your notice to be valid.

 

No section hereof shall be construed as intent to grant to you any interest in the Website or our Website Services, in whole or in part. All content and materials included as part of the Website Services, such as images, photographs, graphics, texts, forms, lists, charts, guidelines, data, logos, code, icons, videos, audio and other content are the property of, are licensed to or are otherwise duly available to Company, its affiliates, its licensors or to the appertaining third party copyrights holder.

 

Original images, original writings, photos or other intellectual property posted by us is copyrighted and protected under U.S. law.

 

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Website and Website Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

 

Term and Termination

 

The term hereof shall begin on the date that comes first among: (i) first access to the Website; (ii) your first access or execution of our Website Services; or (iii) Company begins providing its Website Services to you.

 

If you engage in prohibited conduct or otherwise violate terms, we may without notice revoke your access to Website.   The term will automatically end on the date of Company’ decision to make the Website or Website Services no longer available for use, at its sole and final discretion.

 

As a user of this Website, you are liable for the accuracy of the information that You provide to us.

 

Amendments

 

Company hereby reserves the right to update, modify, change, amend, terminate or discontinue the Website, the Terms and/or the Policy, at any time and at its sole and final discretion. Company may change the Website’s functionalities at any time.  Any changes to these Terms will be displayed in the Website, and we may notify you through the Website or by email. Please, refer to the date shown above for the date where effective changes were last undertaken by us. Your use of our Website Services after the effective date of any update– either by simple use – thereby indicates your acceptance thereof.

 

No Warranty

 

Your use of our Website or Website Services is at your own risk, and therefore you hereby acknowledge and agree that our Website and Website Services are provided “as is”, “with all faults”, and “as available”. It shall be your own responsibility to ensure that the Website Services or information available through this Website meet your specific requirements.

 

Neither Company, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Website will be error-free, uninterrupted, secure, or produce any particular results; or that any listing, purchase, order, amount, information, guide, sheet, checklist and/or content will be current, measured useful and/or valid, or that it will produce any particular results or that the information obtained therefrom will be reliable or accurate. No advice or information given by Company or its employees, affiliates, contractors and/or agents shall create a guarantee. No warranty or representation is made with regard to such services or products of third parties contacted on or through the Website. In no event shall Company or our affiliates be held liable for any such services.

 

Neither Company, nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry. The results described in the Website are not typical and will vary based on a variety of factors outside the control of Company. Your use of any information and/or materials on this Website is entirely at your own risk, for which we shall not be held liable.

 

Disclaimer of Damages

 

In no event shall the Company be liable to you or to any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to: (i) damages for business interruption, loss of profits, loss of data, computer or software failure or inaccessibility or any other type of personal damages or losses arising out of or related to your use of or inability to use the Website, including negligence; (ii) infringement of third party intellectual property rights; and (iii) claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants.

 

The aforementioned limitation of damage liability shall be in force regardless of however caused or however awarded, regardless of the theory of liability applied (including contract, warranty or tort), whether active, passive or imputed, including negligence, strict liability, product liability or other legal theory, regardless of the product or service offered by action or inaction by merchant; and even if you have been advised of such possibility.

 

To the fullest extent allowable under applicable law, Company hereby expressly disclaims any and all representations and warranties of any kind with respect to the Website, including any and all liability arising out of or related to any purported facts or information and description of any information, products and/or Website Services displayed on our Website, including all warranties of any kind, whether express or implied; including, without limitation, warranties of title, merchantability, accuracy, completeness, condition, quality, durability, performance, accuracy, reliability, suitability, fitness for a particular purpose or non-infringement.

 

Indemnification

 

You agree to indemnify, defend and hold Company and its independent contractors, affiliates, subsidiaries, officers, employees and agents, and their respective employees, agents and representatives, harmless from and against any and all actual or threatened proceedings (at law or in equity), suits, actions, damages, claims, deficiencies, payments, settlements, fines, judgments, costs, liabilities, losses and expenses (including, but not limited to, reasonable expert and attorney fees and disbursements) arising out of, caused or resulting from: (i) your conduct and any user content; (ii) your violation of these Terms or the Policy; and (iii) your violation of the rights of any third-party.

 

You indemnify the Website and its management for any time that the Website may be unavailable due to routine maintenance, updates or any other technical or non-technical reasons. You agree to indemnify the Website and its management for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to your published content, damages from lost profits, lost data or business interruption.

 

You hereby indemnify the Website and its management and will not hold them responsible for copyright theft, reverse engineering and use of your content by other users on the website.

Generals

 

Advertisements and Promotions. From time to time, we may place ads and promotions from third party sources in the Website.  Accordingly, your participation or undertakings in promotions of third parties other than Company, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party.  Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.

 

No Assignment. You may not assign or transfer these Terms by operation of law or otherwise without our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest.  Any rights not expressly granted herein are thereby reserved.  These terms will inure to the benefit of any successors of the parties.  We reserve the right, at any time, to transfer some or all of Company’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

 

Content Moderation. Company hereby reserves the right, at its sole and final discretion, to review any and all content delivered into the Website and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.

 

Force Majeure. Company is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Company’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

 

Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.

 

No Waiver. Failure by Company to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

 

Notices. All legal notices or demands to or upon Company shall be made in writing and sent to Company personally, by courier, certified mail, or facsimile, and shall be delivered to any address the parties may provide. For communications by e-mail, the date of receipt will be the one in which confirmation receipt notice is obtained.  You agree that all agreements, notices, demands, disclosures and other communications that Company sends to you electronically satisfy the legal requirement that such communication should be in writing.

 

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

 

Contact

For any inquires or complaints regarding the Service or Website, please contact Christy Nicholson by emailing info@hiddenadventurestravel.com or calling us at 888-836-8063 ext. 101