Travel Abundance Terms and Conditions

Travel Abundance provides travel-related concierge services (“Services”). These terms of use (“Agreement”) set forth the legally binding terms for your (“Client[s]”) use of the Site and its Services. By accessing or using Travel Abundance, including its website (“Site”) or Services, you are accepting this agreement and you represent and warrant that you have the right, authority, and capacity to enter into this agreement. You may not access or use the Site or Services or accept the agreement if you are not at least 18 years old. If you do not agree with all the provisions of this agreement, do not access and/or use the Site or Services. Certain features of the Site or Services may be subject to additional guidelines, terms, or rules. All such additional terms, guidelines, and rules are incorporated by reference into this agreement. To the extent any such terms conflict with the terms in this agreement, the later terms shall govern.

1.         Services. Travel Abundance offers travel-related concierge services (“Services”) for your benefit, including but not limited to advice, research, booking, negotiations, and general representation of your travel interests. Client[s] hereby expressly agree that, when such Services are provided, Travel Abundance can represent and contractually bind Client[s], including financially and contractually obligating Client[s] to pay for travel-related expenses, including but not limited to hotels, airfare, restaurant reservations, cruise bookings, tours and general vacation activity reservations, etc. Itinerary Changes and Trip Delay: TravelAbundance, and its Suppliers reserve the right to change a program’s dates, itineraries or accommodations as conditions warrant. If a trip must be delayed or the itinerary changed due to bad weather, road conditions, transportation delays, government intervention, sickness or other contingency for which TravelAbundance or its agents cannot make provision, the cost of delays or changes is not included. TravelAbundance is not responsible for acts or omissions of the Suppliers or their failure to provide services or adhere to their own schedules.

2.         Waiver. Travel Abundance’s ability to effectively provide the Services may be subject to conditions outside its control, including but not limited to room availability, blackouts, restrictions, fees, delays, weather, and misinformation from third parties. Further, Travel Abundance’s ability to effectively provide the Services may be subject to conditions solely within your control, Travel Abundance will make every effort to provide Services based on information provided by Client[s] that result in a positive experience, but cannot guarantee Clients’ subjective approval of any or all Services and makes no warranties in relation thereto. Client[s] hereby release and forever discharge Travel Abundance (including its officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or transactions with, or act or omission of, Travel Abundance’s provision of the Services and/or third party providers associated with the Services, except where Travel Abundance has willfully, recklessly, or negligently caused such harm and only to such extent of Travel Abundance’s proximate causation of said harm.

3.         Personal Information. To use the Services, you must provide certain Personal Information, which is information about you that is “Identifiable Information,” including but not limited to your full name, physical address, or email address, as well as “Non-Identifiable Information,” including but not limited to information that is not associated with or linked to Identifiable Information and does not by itself permit the identification of individual persons (e.g., demographic, interest, or Site usage information). You hereby represent and warrant that: (a) all required personal information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. Travel Abundance is committed to protecting the security of your Personal Information. Travel Abundance uses a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while Travel Abundance uses reasonable efforts to protect your Personal Information, Travel Abundance cannot guarantee its absolute security.

4.         Use and Disclosure of Identifiable Information By submitting said Identifiable Information to Travel Abundance, you expressly consent to the collection, use, and disclosure of your Identifiable Information, including to any and all third parties service providers Travel Abundance, in its sole and absolute discretion, deems necessary to effectively provide the Services for your benefit or to contact you. If you opt-in to receiving marketing, Travel Abundance may use your contact information and other information to contact you with such marketing. Except as otherwise stated herein, Travel Abundance does not generally sell, trade, rent, or share the Identifiable Information that it collects with third parties, unless you ask or authorize us to do so or Travel Abundance, in its sole and absolute discretion, deems such disclosure necessary to effectively provide the Services for your benefit or to contact you. Travel Abundance may disclose Identifiable Information in connection with any legal investigation and/or if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Travel Abundance or its employees, contractors, or affiliates; (b) protect or defend the rights or property of Travel Abundance or users of our Site or Services, including yourself; or (c) to investigate any violation or potential violation of the law or this Agreement.

5.         Client Responsibilities. Clients are responsible for passports, visas, health requirements and travel insurance. Travel Abundance is not responsible for researching or obtaining passports, visas, health requirements or travel insurance. Clients are fully accountable for obtaining all documents and immunizations necessary to complete travel. Keep in mind that requirements often vary for citizens of different countries. Make sure to gather information well in advance. A credit card may be required upon hotel check-in to cover any incidental room charges or for security purposes and is the responsibility of Client[s]. Clients further agree to abide by the terms and conditions imposed by any third party service provider with whom you or Travel Abundance, on your behalf, elect to deal, including payment of all amounts when due and compliance with the service provider’ rules and restrictions regarding minimum age, maximum occupancy, pet policies, child policies and use of services.

7.         Payment Terms. Client[s] agrees to pay all fees or charges incurred by Client in accordance with the billing terms set forth in this Agreement and any other Agreements between Client and Travel Abundance. Client must provide a valid credit or debit card (“Payment Method”) (Visa, MasterCard, or any other issuer accepted by us) as a condition to retaining Travel Abundance for its Services. By providing Travel Abundance with your Payment Method number and associated payment information, you hereby authorize Travel Abundance (or its third party payment processors) to immediately charge your Payment Method for all fees and charges due and payable to Travel Abundance hereunder where  consent is required. With a customized trip design, 50% deposit is required to confirm all components and is thus non-refundable. Refund deadlines are in direct alignment with our supplier partners deadlines. If your trip is within 60 days of departure, full payment is required and specific terms will apply. You agree to immediately notify Travel Abundance of any change in your billing address or the Payment Method used for payment hereunder. Travel Abundance reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Site or by e-mail delivery to you. Cancellations are subject to the terms and conditions of individual travel suppliers and are subsequently passed thru to traveling client(s). In the case of refunds, all are subject to the terms & conditions of individual travel suppliers and partial refunds are a possibility given date of cancellation and specific terms & conditions.

8.         License. Subject to the terms of this Agreement, Travel Abundance grants Client[s] a non-transferable, non-exclusive, license to use the Site and Services for your personal use. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.

9.         Modification.   Travel Abundance reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Travel Abundance will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.

10.       Ownership. Client[s] acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Travel Abundance or its licensors. The provision of the Site and Services does not transfer to Client[s] or any third party any rights, title, or interest in or to such intellectual property rights. Travel Abundance and its affiliates reserve all rights not granted in this Agreement.

11.       Indemnity. Client[s] agree to indemnify and hold Travel Abundance (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your interaction with any other user, (iii) your violation of this Agreement or applicable laws, and (iv) your use of any Packages (including any personal injury, death, or property damage or loss). Client’s agreement to indemnify and hold Travel Abundance (and its officers, employees, and agents) harmless shall include any claim or demand made by Client’s travel partners, whether they expressly contracted to use Travel Abundance’s Services or not. Travel Abundance reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Travel Abundance. Travel Abundance will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

12.       Term and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services or (b) terminate this Agreement, at any time for any reason at our sole and absolute discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your right to access and use the Site and Services will terminate immediately. Travel Abundance will not have any liability whatsoever to you for any termination of this Agreement. Termination of this Agreement shall not prevent Travel Abundance from seeking to enforce against you its legal rights created hereunder.

13.       Disclaimers. The Site and Services are provided “as-is” and “as available” and Travel Abundance (and our affiliates) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our affiliates) make no warranty that the Site or Services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

14.       Limitation on Liability. In no event, shall Travel Abundance (and its affiliates) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to this agreement or your use of, or inability to use, the site or services, even if Travel Abundance has been advised of the possibility of such damages. Access to, and use of, the Site and Services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom. Notwithstanding anything to the contrary contained herein, Travel Abundance’s (and its affiliates’) liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty us dollars ($50) or (b) service fee amounts you have paid in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit. Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.

16.       Force Majeure. Travel Abundance shall not be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; pandemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Travel Abundance (i) shall not discriminate against Client in favor of any other client of Travel Abundance in attempting to complete or reimburse the Services contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

17.       Changes to Terms of Use. This Agreement is subject to occasional revision, and if Travel Abundance makes any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

18.       Entire Agreement. This Agreement constitutes the entire agreement between Client[s] and Travel Abundance regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Travel Abundance is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Travel Abundance’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Travel Abundance may freely assign this Agreement. The terms of this Agreement shall be binding upon assignees.

19.       Electronic Communications. The communications between you and Travel Abundance may use electronic means, whether you use the Service or send us emails, or whether Travel Abundance posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Travel Abundance in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Travel Abundance provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.