IMPORTANT NOTICES, TERMS AND CONDITIONS
THEGR8GROUP, LLC its officers, board, employees, agents, affiliates, and subsidiaries (collectively, the “Provider”, “Us” or “Our”) require that any and all individuals, groups, organizations, business, spectators or others (“Participant”, “You” or “Your”) who may participate in activities, events or travel related services organized by Provider (collectively the, “Activity”) adhere to the following terms and conditions. By participating in any Activity or ancillary service, You indicate Your acknowledgment and acceptance of these notices, terms and conditions (collectively, the “Agreement”).
1.THIRD PARTY SERVICE PROVIDERS Certain products, services and content available through or organized by the Provider are provided by third parties, including, but not limited to suppliers, as hereinafter defined.
2.RELATIONSHIP No joint venture, partnership, employment, agency or fiduciary relationship exists between You and the Provider as a result of Your participation in the Activity. It is our role to assist You in finding travel suppliers and event/activity coordinators as well as making arrangements that meet Your individual needs. We consider various factors in identifying suppliers to You and recommending specific itineraries. We want You to be aware that certain suppliers pay us commissions as well as incentives for reaching sales targets or other goals, and from time to time may also provide incentives to our travel counselors. Certain suppliers may also provide compensation to us for various marketing and administrative services that we perform for them, such as granting them access to our marketing channels, participating in marketing programs and supporting other initiatives. In identifying suppliers and recommending itineraries, we may consider a number of factors, including but not limited to, Supplier availability and Your preferences. The relationships we have with suppliers may also influence the suppliers we identify and the itineraries we recommend.
3.TERMS OF PURCHASE Please note that separate terms and conditions dictated by the applicable supplier will apply to Your reservation and purchase of products and services through Us. You agree to abide by such terms and conditions, including payment of all amounts when due and compliance with the applicable supplier's policies, rules and restrictions regarding availability and use of fares, products and services. You understand that any violation of any such supplier's terms, conditions, policies, rules or restrictions may result in (a) Your forfeiting any monies paid for such reservation or purchase, (b) cancellation of Your reservation or purchase and/or (c) Your being denied access to any flights, hotels or other products or services. You acknowledge that You will be responsible for all charges, fees, duties, taxes and assessments arising out of Your participation in the Activity.
4.NO WARRANTIES PROVIDER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER PROVIDE NOR ANY SUPPLIER WARRANT THAT ITS WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM PROVIDER OR ANY SUPPLIER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. SUCH WARRANTIES GIVE YOU SPECIFIC RIGHTS WHICH MAY VARY FROM STATE TO STATE.
5.DISCLAIMER REGARDING SUPPLIERS THE AIR CARRIERS, HOTELS, CAR RENTAL AGENCIES, CRUISE LINES, TOUR OPERATORS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES TO YOU ("SUPPLIERS") ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR AGENTS OF PROVIDER. PROVIDER ACTS SOLELY AS A SALES AGENT FOR THE SUPPLIERS AND IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. PROVIDER SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, ACTS OF WAR, TERRORISM, DISEASE OR OTHER FORCE MAJEURE EVENT OR OTHER CAUSE BEYOND ITS DIRECT CONTROL, AND PROVIDER HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, ACTS OR OMISSIONS OF ANY GOVERNMENTAL AUTHORITY. THE FACT THAT PROVIDER INCLUDES OR OFFERS ANY PRODUCT OR SERVICE ON THE TRAVEL SITE DOES NOT MEAN PROVIDER IS ENDORSING OR RECOMMENDING SUCH PRODUCT OR SERVICE.
6.LIMITATION OF LIABILITY PROVIDER AND ITS SUPPLIERS ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON ITS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SAME. IN NO EVENT SHALL PROVIDER OR ANY SUPPLIER BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) THE ACTIVITY; (B) ANY FAILURE OR DELAY THEREOF; OR (C) THE PERFORMANCE OR NON-PERFORMANCE BY PROVIDER OR ANY SUPPLIER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. SOME STATES DO NOT ALLOW LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
If, notwithstanding the foregoing, Provider or any supplier should be found liable for any loss or damage that arises out of or is in any way connected with any of the above described functions, the liability of each of Provider and Supplier shall in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for Your Activity, or (b) US$100.00.
7.AGE; RESPONSIBILITY You represent that You are of sufficient legal age to participate in the Activity and to create binding legal obligations for any liability You may incur as a result of your participation therein.
8.RELEASE Provider does not provide liability insurance for the protection Participants who may participate in the Activities organized by Provider. In consideration for Your participation in the Activity, the individual, group, organization, business, or spectator, or other, does hereby release, remise and forever discharge Provider, and its officers, board, employees, agents, affiliates, subsidiaries, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating in the Activity (“Release”). This Release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist. The provisions of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such Release, are hereby expressly waived.
9.INDEMNIFICATION By engaging in any Activity organized by Provider, You hereby agree on behalf of Your heirs, executors, administrators, and assigns, to indemnify Provider, its officers, board and employees, joint and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating in the Activity. It is further understood and agreed that said participation in the Activity is not to be construed as an admission of any liability and acceptance of assumption of responsibility by Provider, its officers, board, and employees, jointly and severally, for all damages and expenses for which Provider, its officers, board and employees, become liable as a result of any alleged act of the Participant. Any and all activities depicted on any of Provider’s promotional or marketing materials are to be performed at your own risk.
10.GOVERNING LAW; VENUE This Agreement and all questions of interpretation, construction and enforcement hereof, and all controversies arising hereunder, shall be governed by the applicable statutory and common law of the United States of America, specifically The State of Florida. Venue for any legal proceedings shall be in Miami-Dade, Florida, U.S.A.
11.SEVERABILITY In the event any term or provision of this Agreement shall be held illegal, unenforceable or inoperative as a matter of law, the remaining terms and provisions of this Agreement shall not be affected thereby, but each such term and provision shall be valid and shall remain in full force and effect.
12.BINDING EFFECT; ENTIRE AGREEMENT; MODIFICATION This Agreement shall be binding upon, and shall inure to the benefit of, the successors and assigns of the parties hereto. This Agreement embodies the entire agreement between the parties hereto and supersedes any and all prior agreements and understandings, written or oral, formal or informal. No modifications or amendments to this Agreement, of any kind whatsoever, shall be made or claimed by any party hereto, and no notices of extension, change, modification or amendment made or claimed by any party hereto shall have any force or effect whatsoever unless the same shall be endorsed in writing and fully signed by the party against whom enforcement is sought.
13. CAPTIONS Captions and Paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement nor the intent of any provision hereof.
14.LITIGATION In the event of any dispute or litigation between the parties of this Agreement relating to or arising out of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs at the pretrial, trial and appellate levels.