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AGREEMENT BETWEEN CUSTOMER AND CUSTOM VACATIONS, INC.
Welcome to the Custom Vacations website (the "Website").
This Website is provided solely to assist customers in gathering vacation planning information,
making legitimate reservations, and for no other purposes.
The terms "we", "us", "our" and "Custom Vacations" refer to Custom Vacations, Inc., a Georgia corporation.
The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this
Website, or through our customer service agents.
This Website is offered to you conditioned upon your acceptance without modification of all the terms,
conditions, and notices set forth below (collectively, the "Agreement").
By accessing or using this Website in any manner, you agree to be bound by the Agreement.
Please read the Agreement carefully. If you do not accept all of these terms and conditions,
please do not use this Website. Be sure to return to this page periodically to review the most current
version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise
modify the Agreement without prior notice, and your continued access or use of this Website signifies your
acceptance of the Updated or modified Agreement.Welcome to the Custom Vacations website (the "Website").
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age,
(ii) you possess the legal authority to create a binding legal obligation,
(iii) you will use this Website in accordance with this Agreement, (iv) you will only use this
Website to make legitimate reservations for you or for another person for whom you are legally
authorized to act, (v) all information supplied by you on this Website is true, accurate, current and complete.
We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer,
at any time and for any reason, including, but not limited to, for violation of this Agreement.
SERVICE PROCESSING FEES
We market vacation reservations on this site and collect
a Service Processing Fee. This Service Processing Fee will vary
based upon the type of reservation being booked. Custom Vacations
charges a fee for the service it provides when you book or reserve
services, activities or accommodations through this Site. Any
such service fee is non-refundable. In addition, you will be
responsible for all charges, fees, duties, taxes, and assessment
arising out of your use of the Products and Services available
from this Site. The Service Processing Fee will not be refunded
in the event of cancellation of any or all of the vacation reservations.
We retain our Service Processing Fees as compensation in servicing
your travel reservation.
PREPAID LODGING RESERVATIONS
We market lodging reservations on the site and collect the full amount
from you up front and handle the payments to the lodging suppliers ourselves.
Amounts displayed on this site consist of the amount that we expect the relevant lodging
supplier to bill us for any applicable taxes, governmental fees and other charges,
plus an additional Processing Service Fee that we retain as described above.
You agree that your credit card will be charged by Custom Vacations for the total reservation price including
any and all taxes for remittance to applicable taxing authorities.
Upon submitting your reservation request you authorize Custom Vacations to facilitate lodging
reservations on your behalf, including making payment arrangements with lodging suppliers.
Custom Vacations does not act as co-vendors with the lodging supplier with whom we book or
reserve our customer's lodging arrangements.
Our Service Processing Fees vary based on the amount and type of lodging reservation.
You may cancel your prepaid lodging reservation within 72 hours of your initial reservation without penalty.
If you cancel your prepaid reservation after the 72 hours, you will be charged a fifteen percent (15%)
cancellation fee. In addition, if you do not cancel your reservation before the cancellation policy
period applicable to the lodging you reserved, which varies by hotel (usually 24 to 72 hours) prior
to your date of arrival), you will be subject to a charge of applicable nightly Rates, tax recovery
charges and service fees. In the event you do not show for the first night of the reservation and plan
to check-in for subsequent nights in your reservation, you must confirm the reservation changes with
Custom Vacations no later than the date of the first night of the reservation to prevent cancellation
of your reservation. You must make refund requests for no-shows or early checkouts within 60 days after checkout.
You agree to pay any cancellation or change fees that you incur.
In limited cases, some hotels do not permit changes to or cancellations of reservations after
they are made, as indicated in the rules and restrictions for the hotel reservation.
You agree to abide by the terms and conditions imposed with respect to your prepaid hotel reservations.
PREPAID CHARTER RESERVATIONS
We market charter reservations on the site and we collect the full amount from you up front and
handle the payments to the charter suppliers ourselves. Amounts displayed on this site consist of the
amount that we expect the relevant charter supplier to bill us including any applicable taxes, governmental
fees and other charges, plus an additional Processing Service Fee that we retain as described above.
You agree that your credit card will be charged by Custom Vacations for the total reservation price
including any and all taxes for remittance to applicable taxing authorities.
Upon submitting your reservation request you authorize Custom Vacations to facilitate charter
reservations on your behalf, including making payment arrangements with charter suppliers.
Custom Vacations does not act as co-vendors with the charter supplier with whom we book or reserve
our customer's charter arrangements. We retain our service fees as compensation in servicing your
travel reservation. Our service fees vary based on the amount and type of charter reservation.
You further agree that your reservation of a charter will result in equipment being unavailable for
other activities. Therefore, a cancellation fee of twenty-five percent (25%) shall be forwarded to
the charter supplier in the event of your cancellation. In the event of cancellation by the charter
supplier for circumstances of weather or other unforeseen circumstances, the entire price of the charter
reservation shall be refunded, however, the Processing Service Fee shall not be refunded, as stated above.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES
OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, CUSTOM VACATIONS DOES NOT GUARANTEE THE ACCURACY
OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND
DESCRIPTION OF THE HOTEL, ATTRACTION, LODGING, CHARTERS, AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS
WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL
PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS.
IN ADDITION, CUSTOM VACATIONS EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR
WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER
YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE
WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
HOTEL INFORMATION DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND CUSTOM
VACATIONS DOES NOT GUARANTEE THE ACCURACY OF THE INFORMATION. CUSTOM VACATIONS MAKES NO GUARANTEES
ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. CUSTOM VACATIONS MAY MAKE IMPROVEMENTS
AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
CUSTOM VACATIONS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS
OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR
SERVICES BY CUSTOM VACATIONS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. CUSTOM VACATIONS DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE,
ITS SERVERS OR ANY EMAIL SENT FROM CUSTOM VACATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CUSTOM VACATIONS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE
INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF CUSTOM VACATIONS.
CUSTOM VACATIONS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES,
BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE,
OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. CUSTOM VACATIONS HAS NO LIABILITY AND WILL MAKE
NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES
BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS,
DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL CUSTOM VACATIONS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO,
DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS
WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE;
ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH
THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER
BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF CUSTOM VACATIONS,
ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, Custom Vacations is found liable for any loss or damage which arises
out of or in any way connected with any of the occurrences described above, then Custom Vacations
will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your
transactions on this Website, or (b) One-Hundred Dollars (US$100.00).
The limitation of liability reflects the allocation of risk between the parties.
The limitations specified in this section will survive and apply even if any limited remedy
specified in these terms is found to have failed of its essential purpose. The limitations of
liability provided in these terms inure to the benefit of Custom Vacations.
INDEMNIFICATION
You agree to defend and indemnify Custom Vacations and/or their respective suppliers and any of
their officers, directors, employees and agents from and against any claims, causes of action,
demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or
nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
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