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General Terms and Conditions

GENERAL TERMS AND CONDITIONS

 

1.00.       Not withstanding any provision in any incorporated agreement with suppliers of goods and services, this agreement and the rights and remedies Traveler and TRAVEL AGENT, with regard to each other, shall  be governed  by  and construed  and interpreted  in  accordance  with  the  laws of the State of California as existing at the time of any claim by either party.

2.00.       Any legal action, including any arbitration, brought by either party based on any claim arising under or as a result of this contract or based upon the travel program of which it is a part, shall be brought in the state courts of the State of California of competent jurisdiction in the County of Orange, State of California, or, in the case of an arbitration, at a location within the County of Orange, State of California.  Arbitration requires the consent of both parties, in writing.  Both parties waive all rights to bring or transfer any such case to the federal district courts.

3.00.       This is an integrated agreement.  All prior discussions and/or agreements of the parties are incorporated in this agreement which constitutes the only agreement between the parties on this matter.  Its terms are intended by the parties as a final expression  of their agreement with respect to such terms as are included and may  not be  contradicted by evidence  of any prior   agreement   or contemporaneous oral agreement.  The parties further intend this agreement to constitute the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving   this agreement.   No waiver,  consent,  or approval  by any  party or modification  or amendment  of this agreement  shall  be effective unless the same is in  a  writing, signed by the party to be charged.

4.00.       If any term, covenant, condition, or provision of this  agreement or  the  application  thereof  to  any  person whomsoever  or  to  any circumstances shall,  to  any  extent  be invalid,   illegal,  or  unenforceable,  the  remainder  of the agreement, or the application of such term, covenant,  condition, or  provision to persons or to circumstances other than those  to which  is  is invalid, illegal, or unenforceable,  shall  not  be affected  thereby and this agreement shall be in full  force  and effect.

5.00.       Traveler acknowledges that Travel Agent is an agent for the suppliers of travel goods and services as well as a special agent for the Traveler with regard to this single transaction.

5.01.       Travel Agent’s duty, to Traveler, is expressly limited to providing the services included in the FINAL CONFIRMED ITINERARY and disclosure to Traveler of reasonably obtainable material information concerning the travel services purchased, obtained from published sources believed to be accurate and provide current conditions and status of the facilities and services involved at the time the FINAL CONFIRMED ITINERARY is produced.

5.02.       Traveler acknowledges that Travel Agent does not have a duty to independently investigate any aspect of the information involved nor provide information to Traveler that is considered obvious and apparent, before or during travel.  Investigation by Travel Agent, if any, will entail an additional cost, paid in advance, negotiated by the parties.

5.03        Traveler acknowledges that conditions and status of facilities and services are subject to change without notice, notwithstanding which, Travel Agent will advise Traveler of any knowledge of said changes, prior to the commencement of travel, if and when received.

6.00.       The term “Force Majure” as used herein is defined as “including delay or change of itinerary, or irregularly connected with the services purchased, which is the result of any case beyond the provider’s control, including but not limited to acts of God; regulations, laws or orders of governmental authorities; fire, flood, or explosion; acts of war; natural or man-made disasters; labor strikes, political strikes, civil unrest, riots or disorder, civil disobedience on a scale sufficient to disrupt normal activity at the intended destination; acts of terrorism; and other emergencies making it inadvisable, illegal, impracticable, or impossible or counter to advisories of the United States Government cautioning against travel to the intended destination, any delay in necessary and essential construction or renovation of the hotel facilities; arrest or seizure under legal process;, strike, lockout, work stoppage, or other restraints of labor;, weather conditions; mechanical difficulties not the fault of the carrier; either partial or substantial, or general and resulting from any and all of the mentioned causes.

6.01.       An event falling within the definition of “Force Majure” which prevents Traveler from traveling to the intended destination, or any unavoidable intermediate destination, or receiving the contracted for services at the intended destination, or receiving the benefits to be provided pursuant to this contract, by causes beyond the control of either or both parties, or the ability of the providers of facilities, goods or services for this program to perform the obligations they have undertaken pursuant to this contract, does not constitute a breach of contract and the obligation by each party to perform may be terminated on notice by either party to the other or is terminated by the existence of the facts constituting the “Force Majure”.

6.02. The term “cause beyond the control’ does not include any arbitrary cancellation by Traveler of any or all of the travel services contained in the FINAL CONFIRMED ITINERARY.

6.03.       Traveler RELEASES Travel Agent FROM ANY AND ALL LIABILITY AND RESPONSIBILITY, AND/OR CLAIMS THEREOF, all expenses and damages, direct or consequential, claimed or sustained by Traveler AS A RESULT, DIRECTLY OR INDIRECTLY, INCLUDING BUT NOT LIMITED TO  those actions which prevent or change the travel arrangements contracted for and/or restrictions within the definition of “Force Majure”.

6.04.       BASED ON SAID RELEASE, Traveler waives all rights under Section 1542 of the Civil Code of California, which states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

7.00.      The parties hereto agree that in the event that either party is required to seek legal assistance to enforce the terms of this agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs, whether or not a suit, including arbitration, results.

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