This Agreement (“Agreement”) is made as of DATE SUBMITTED by and between Practically Perfect Vacations Inc. (“Company”), and CLIENTS SIGNED BELOW, on behalf of themselves, their minor children, and any personal representatives, heirs, and next of kin (hereinafter referred to as “Client”).
1. Relationship. Company will provide travel booking services to Client. Client understands and agrees that results are not guaranteed. Client understands and agrees that Company acts as an intermediary for Travel Suppliers, including but not limited to airlines, hotels, car-rental companies, tour operators, cruise lines, travel destinations, or other service providers listed in Client’s booking. Company is not responsible for acts or omissions of the Travel Suppliers or their failure to provide services. Client consents to and requests the use of those Suppliers and agrees not to hold Company responsible should any of these Suppliers: 1) fail to provide the travel services purchased; 2) fail to comply with any applicable law; 3) engage in any negligent act or omission that causes any sort of injury, damage, delay or inconvenience; 4) impose additional price increases or restrictions on participation or entry.
2. Client Prerequisites. Client will review all travel documents for accuracy upon receipt. Client understands that the Transportation Security Administration (TSA) requires that Client carry a government issued identification card in order to board a flight. Client has been advised that the name, date of birth and gender that appears on the identification card must exactly match the same data that is listed on airline tickets and in booking records. Client acknowledges that failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing missed flight and additional costs. Client understands that, if traveling internationally, Client must have a valid passport and, depending upon Client’s destination and nationality, Client may need to obtain one or more visas or vaccinations.
3. Travel Insurance. Company strongly recommends that Client purchase travel insurance to cover risks inherent in travel such as supplier bankruptcy and the inability to travel due to a medical or personal emergency. Company strongly recommends purchasing your travel arrangements with a credit card, in order to exercise your rights under the Fair Credit Billing Act if you do not receive the services you purchased.
4. Company Information. Client understands and confirms that Company has provided Client with the best available information at the time regarding travel. Company has no special knowledge of the financial condition, unsafe conditions, health hazards, weather hazards, or climate extremes of the Travel Suppliers or Client’s travel destinations. Client understands and agrees that any and all information provided by Company is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of
this information. Company disclaims all liability and responsibility arising from any reliance placed on such information. Any reliance that Client places on such information is strictly at their own risk. For information concerning possible dangers at destinations, Company recommends contacting the Travel Warnings Section of the U.S. State Department at (202) 647- 5225 or www.travel.state.gov. For medical information, Company recommends contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel. Client assumes full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of Client’s destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s).
5. Cancellation. Client understands and acknowledges that Travel Suppliers have their own policies, penalties, fees, and terms and conditions covering cancellations and changing travel arrangements. Client understands and agrees that they are bound by these Supplier policies, penalties, fees, and terms and conditions, regardless of whether Client has received notice of them, and Client agrees not to hold Company responsible for any Supplier policies, penalties, fees, and terms and conditions.
6. Miscellaneous.
(a) LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, COMPANY’S ACTS OR FAILURE TO ACT, TRAVEL SUPPLIER’S ACTS OR FAILURE TO ACT, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(b) Indemnification. Client agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to this Agreement.
(c) Governing Law. The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the
parties hereto shall be governed, construed and interpreted in accordance with the laws of the state of MA, without giving effect to principles of conflicts of law.
(d) Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, between them relating to the subject matter hereof.
(e) Amendments and Waivers. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance.