Terms and Conditions
Please read these Terms and Conditions carefully as they contain very important information about our goods and services. "The Company" or "Us" refers to Best Deal Vacantions Corp. or Soytuviaje.com
By Purchasing a travel product and/or service with Us to a destination, you expressly accept these Terms and Conditions, without modification, intend to be legally bound by them and acknowledge and agree that they become part of your contract with the Company. To the extent that any travel products and/or services are booked through this website, or directly with our Company, you agree that these Terms and Conditions apply to all transactions.
1. Reservations and Payments
A deposit is required within three days (all referenced days herein are calendar days) of booking to secure a reservation, except as otherwise provided for under “LAST MINUTE RESERVATIONS,” below. All balances are due 45 days prior to departure. Special payment policies may apply and will be advised at time of reservation. If payment is not received by the due date, airline and all other reservations will be cancelled. the Company is not responsible for any penalties, supplier-imposed fare increases or fees incurred due to late payment. Submission of any payment to the Company signifies the acceptance of these Terms & Conditions of Sale. Additional fees may apply for last minute reservations (reservations made within 3 days of the departure date).
2. Forms of Payment
Payment may be made by debit or credit cards from American Express, Visa, MasterCard, Diners Club, Discover Card or PayPal.
3. Changes, Cancellations, and Refunds
The Company will assess a fee for cancellations, which will not exceed the total vacation package price. Additional airline, hotel and/or supplier fees may also be charged. Once travel has begun, there will be no refunds for any unused or partially used travel component for any reason. While every effort will be made to provide all items on the travel itinerary as booked, the Company reserves the right to cancel or alter any reservation for any reason prior to departure. Should this occur, refunds will be made without any further obligation by the Company.
If you are traveling as part of a traditional-contracted group of 15 or more adults on the same reservation, different deposit, payment and cancellation policies may apply. Please make sure to ask you agent to ensure which policies apply to you and/or your group.
5. Customer Required Travel Documentation
It is highly recommended that customers check the TSA website for up to date requirements or possible changes due to security measures applicable to air travel to/from their scheduled destination(s). It is the customer’s responsibility to verify current entry requirements and obtain the necessary travel documentation based on the country of origin, destination and any countries in which a stop is scheduled.
An entry visa and passport may be required for travel. It is the customer’s responsibility to verify that a passport is valid at the time of departure, remains valid for a minimum of six months beyond the return travel date, and contains sufficient BLANK pages to attach any required visas for their travel. At least one person occupying a room must be 18 years or older to check into a hotel or other accommodations. Please verify the most current documentation and entry requirements with the country’s consulate or at www.travel.state.gov. No refund will be issued for losses incurred as a result of failure to obtain or provide required valid documentation.
Check with www.travel.state.gov, not only for entry requirements into foreign countries and returns to the U.S., but also for any restrictions that may prevent you from entering into a foreign country. State Department travel advisories are also on this site.
The Transportation Security Administration (TSA) requires all airline passengers to provide the following Secure Flight Passenger Data (SFPD):
∙ Full Name as it appears on the Passenger’s Government-Issued I.D.
∙ Date of Birth
∙ Known Traveler Number (if available)
∙ Redress Number (if available)
Names and birthdates provided to the Company for airline, hotel and cruise line customers must be an exact match to the photo ID that will be used during travel. The customer is responsible for all fees and expenses that may be incurred due to an incorrect name, or to the denial of travel due to an incorrect name. A name revision fee of $50 per person will be assessed by the Company for name corrections or revisions, in addition to other fees assessed by airlines or other suppliers. Updated information regarding security measures and requirements for air travel are available at www.tsa.gov.
6. Domestic Airline Travel Requirements
Beginning October 1, 2020, every air traveler 18 years of age and older must present a REAL ID compliant driver’s license, state-issued enhanced driver’s license, or other acceptable form of identification, such as a valid passport or U.S. Military ID, to fly within the United States. Standard driver’s licenses will no longer be accepted by the Transportation Security Administration (TSA) at airport security checkpoints effective October 1, 2020. Individuals who are unable to verify their identity will not be permitted to enter TSA checkpoints at airports and will not be permitted to fly. For more information about REAL ID, visit tsa.gov/real-id
7. Aircraft and Flight Times
Flight times are not guaranteed and are subject to change. It is your responsibility to confirm your flight time with your carrier. Nonstop and single plane service are not guaranteed. International flights are subject to the respective foreign governments granting landing rights for the flights. If the air carrier cannot obtain these rights, the flight will be canceled and a full refund will be made to you automatically in the form of original payment. The air carrier and/or the Company reserve the right to substitute other aircraft/airlines if necessary.
Meal and beverage service is at the discretion of carrier and alcoholic beverages are generally not included. In the event of a flight delay related to weather, traffic or an Event of Force Majeure (as defined below), it may not be possible for the airline to provide meals and/or accommodations.
Should a customer wish to book their own flights, all flight reservations, including connections, are made at your risk and you assume the cost of any loss in the event of a change to the flight arrangements that may require you to change your connecting flight(s). The Company cannot be held liable for damages or additional fees incurred by passengers due to a missed flight connection for whatever reason.
The Company does not accept responsibility for lost wages, missed vacation time or any other additional expenses incurred as a result of changes in flight times.
8. Changes Prior to Departure
If the desired change is possible, the Company will assess a fee for each customer initiated change to the reservation after receipt of payment, and additional airline, hotel and/or supplier fees or fare/price differentials, may also be charged. Any change made will result in the reservation being re-priced at the rate in effect at the time of the change. A “name change” constitutes a cancellation and cancellation fees will apply.
9. Changes After Departure
No refunds will be granted on unused services once travel has commenced. the Company will assess a $100 per person fee for changes made after commencement of travel. Changes in return transportation to the extent permitted by carrier(s)’ tariffs may be made only through the Company’s representatives. Changes in travel arrangements that result in additional monies owed due to price differences, fuel surcharges, ticket re-issuance fees, etc. are due and payable directly to the Company’s representatives at time of change.
All rates are quoted in U.S. Dollars unless otherwise noted. Rates are subject to change at any time, without notice. The Company reserves the right to make adjustments if a particular rate was incorrectly stated. Rates are subject to increase prior to receipt of full payment, and the Company can guarantee rates only for reservations paid in full (except as otherwise provided below); it is therefore recommended that full payment be made at time of booking. Rates are not subject to increase after full payment, except as a result of increases in government-imposed taxes or fees (applicable to all reservations) or supplier-imposed fees (applicable only to reservations that do not include an air component). Rates include service fees and charges for planning, managing and administering the sale of vacation packages, cruises, hotels and other travel products.
11. Rates Do Not Include
Airline seat assignment/seat selection fees, baggage fees or other ancillary fees, passport and visa fees, some departure taxes, gratuities, meals, beverages, resort fees, hotel energy surcharges, parking and valet fees, insurance, telephone calls, additional bedding charges, third or fourth adult in room charges, laundry service, foreign currency exchange fees, minibar charges, room service and movie rental fees, airport or cruise port transfers and other miscellaneous charges of a personal nature are not included except where specifically noted. The Company retains service fees as additional compensation in handling and serving travel reservations.
12. Air Transportation
The Company has no control over and assumes no liability for airline strikes, schedule changes, flight delays, flight cancellations or other airline initiated changes. In the event of such an occurrence, the airline is responsible and will determine what action will be taken.
AIRLINE CONDITIONS OF CONTRACT AND OTHER IMPORTANT NOTICES – ADVICE TO INTERNATIONAL PASSENGERS ON LIMITATIONS OF LIABILITY
PASSENGERS EMBARKING UPON A JOURNEY INVOLVING AN ULTIMATE DESTINATION OR A STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE ARE ADVISED THAT THE PROVISIONS OF AN INTERNATIONAL TREATY (THE WARSAW CONVENTION, THE 1999 MONTREAL CONVENTION, OR OTHER TREATY), AS WELL AS A CARRIER’S OWN CONTRACT OF CARRIAGE OR TARIFF PROVISIONS, MAY BE APPLICABLE TO THEIR ENTIRE JOURNEY, INCLUDING ANY PORTION ENTIRELY WITHIN THE COUNTRIES OF DEPARTURE AND DESTINATION. THE APPLICABLE TREATY GOVERNS AND MAY LIMIT THE LIABILITY OF CARRIERS TO PASSENGERS FOR DEATH OR PERSONAL INJURY, DESTRUCTION OR LOSS OF, OR DAMAGE TO, BAGGAGE, AND FOR DELAY OF PASSENGERS AND BAGGAGE.
ADDITIONAL PROTECTION CAN USUALLY BE OBTAINED BY PURCHASING INSURANCE FROM A PRIVATE COMPANY. SUCH INSURANCE IS NOT AFFECTED BY ANY LIMITATION OF THE CARRIER’S LIABILITY UNDER AN INTERNATIONAL TREATY. FOR FURTHER INFORMATION PLEASE CONSULT YOUR AIRLINE OR INSURANCE COMPANY REPRESENTATIVE.
NOTICE of Liability Limitations
The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of air carriers for death or bodily injury, for loss of or damage to baggage, and for delay.
Where the Montreal Convention applies, the limits of liability are as follows:
- There are no financial limits in respect of death or bodily injury.
- In respect of destruction, loss of, or damage or delay to baggage, 1,131 Special Drawing Rights (approximately EUR 1,400; US $1,600) per passenger in most cases.
- For damage occasioned by delay to your journey, 4,694 Special Drawing Rights (approximately EUR 6,000; US $6,400) per passenger in most cases.
EC Regulation No. 889/2002 requires European Community carriers to apply the provisions of the Montreal Convention limits to all carriage by them of passengers and their baggage by air. Many non-European Community carriers have elected to do so in respect of the carriage of passengers and their baggage.
Where the Warsaw Convention system applies, the following limits of liability may apply:
- 16,600 Special Drawing Rights (approximately EUR 21,000; US $22,500) in respect of death or bodily injury if the Hague Protocol to the Convention applies, or 8,300 Special Drawing Rights (approximately EUR 10,500; US $11,200) if only the Warsaw Convention applies. Many carriers have voluntarily waived these limits in their entirety, and US regulations require that, for journeys to, from or with an agreed stopping place in the US, the limit may not be less than US $75,000.
- 17 Special Drawing Rights (approximately EUR 21; US $23) per kg for loss of or damage or delay to checked baggage, and 332 Special Drawing Rights (approximately EUR 420; US $450) for unchecked baggage.
- The carrier may also be liable for damage occasioned by delay.
Further information may be obtained from the carrier as to the limits applicable to your journey. If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability.
Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel.
Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Baggage claims: Written notice to the carrier must be made within 7 days of the receipt of checked baggage in the case of damage, and, in the case of delay, within 21 days from the date on which it was placed at the disposal of the passenger.
Notice of Contract Terms Incorporated by Reference
- Your contract of carriage with the carrier that provides you with carriage by air, whether international, domestic or a domestic portion of an international journey is subject to this notice; to any notice or receipt of the carrier; and to the carrier’s individual terms and conditions (Conditions), related rules, regulations and policies (Regulations) and any applicable tariffs
- If your carriage is by more than one carrier, different Conditions, Regulations and any applicable tariffs may apply for each carrier.
- The Conditions, Regulations and any applicable tariffs of each carrier are, by this notice, incorporated by reference into and made part of your contract of carriage.
- The Conditions may include, but are not restricted to: a) Conditions and limits on the carrier’s liability for the bodily injury or death of passengers. b) Conditions and limits on the carrier’s liability for the loss of, damage to or delay of goods and baggage, including fragile or perishable goods. c) Rules for declaring a higher value for baggage and for paying any supplementary fee that may apply. d) Application of the carrier’s Conditions and limits of liability to the acts of the carrier’s agents, servants and representatives, including any person providing either equipment or services to the carrier. e) Claims restrictions, including time limits by which passengers must file claims or bring actions against the carrier. f) Rules about reconfirmations or reservations; check in times; the use, duration and validity of air transportation services; and the carrier’s right to refuse carriage. g) Rights of the carrier and limits on the carrier’s liability for delay or failure to perform a service, including schedule changes, substitution of alternative carriers or aircraft and re-routing, and, when required by applicable law, the obligation of the carrier to notify passengers of the identity of the operating carrier or substituted aircraft. h) Rights of the carrier to refuse carriage to passengers who fail to comply with applicable laws or who fail to present all necessary travel documents.
- You can obtain additional information on items (a) through (h) above at any U.S. location where the transporting air carrier’s tickets are sold.
- You have the right to inspect the full text of each transporting carrier’s terms at its airport and city ticket offices. You also have the right, upon request, to receive free of charge the
full text of the applicable terms incorporated by reference from each of the transporting carriers. Information on ordering the full text of each carrier’s terms is available at any U.S. location where the air carrier’s tickets are sold.
- If a carrier sells air transportation services or checks baggage specifying carriage on another carrier, it does so only as agent for the other carrier.
CARRIERS RESERVE THE RIGHT TO REFUSE CARRIAGE TO ANY PERSON WHO HAS ACQUIRED A TICKET IN VIOLATION OF APPLICABLE LAW OR THE CARRIER’S TARIFFS, RULES OR REGULATIONS.
YOU CANNOT TRAVEL IF YOU DO NOT HAVE ALL REQUIRED TRAVEL DOCUMENTS, SUCH AS PASSPORT AND VISA. PASSENGER SHALL ARRIVE AT AIRPORT BY TIME EARLY ENOUGH TO COMPLETE DEPARTURE PROCEDURES.
GOVERNMENTS MAY REQUIRE YOUR CARRIER TO PROVIDE INFORMATION ON OR PERMIT ACCESS TO PASSENGER DATA.
U.S. NOTICE—OVERBOOKING OF FLIGHTS. Airline flights may be overbooked, and there is a slight chance that a seat will not be available on a flight for which a person has a confirmed reservation. If the flight is overbooked, no one will be denied a seat until airline personnel first ask for volunteers willing to give up their reservation in exchange for a payment of the airline’s choosing. If there are not enough volunteers the airline will deny boarding to other persons in accordance with its particular boarding priority. With few exceptions persons denied boarding involuntarily are entitled to compensation. The complete rules for the payment of compensation and each airline’s boarding priorities are available at all airport ticket counters and boarding locations. Some airlines do not apply these consumer protections to travel from some foreign countries although other consumer protections may be available. Check with the airline or your travel agent.
EUROPEAN NOTICE—DENIED BOARDING/CANCELLATIONS: For all flights departing from the European Union and all flights to the European Union if on an European operating carrier, if you are denied boarding or your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance. For further information on your air passenger rights for these flights, see http://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm.
Please be sure to check travel advisories in regards to health related issues before traveling. The Company is not responsible for any health issues arising from any travels.
Excess valuation may be declared on certain types of articles. Carriers may apply special rules for fragile, valuable, or perishable articles. Check with your carrier. Checked Baggage: Carriers may permit a free checked baggage allowance, which is set by the carrier and may differ by class, and/or route. Carriers may apply extra charges for checked baggage in excess of their permitted allowance. Check with your carrier. Cabin (Unchecked) Baggage: Carriers may permit a free cabin baggage allowance, which is set by the carrier and may differ by class, route, and/or aircraft type. It is recommended that cabin baggage be kept to a minimum. Check with your carrier. If more than one carrier is providing the transportation for your journey, each carrier may apply different rules on baggage (both checked and cabin). SPECIAL BAGGAGE LIABILITY LIMITATIONS FOR U.S. TRAVEL: For domestic travel wholly between U.S. points, federal rules require any limit on a carrier’s baggage liability to be at least US $3,500 per passenger, or the amount currently mandated by 14 CFR § 254.5.
Baggage checked or carried on board an aircraft, vessel or vehicle are subject to fees based on weight, number and size. All baggage fees are the responsibility of the customer and are payable directly to the supplier. Please contact the supplier for their current baggage policy. Some airlines may charge additional fees for sports equipment including golf clubs, surf boards and similar items. the Company is not responsible or liable for any delay, loss or damage to baggage and personal property.
15. Travelers with Disabilities
Customers requiring special facilities, services or accommodations must disclose such needs to the Company at time of reservation. Wheelchair-accessible transportation and accommodations may be requested, but cannot be guaranteed. Available accommodation standards vary by airline, hotel and cruise ship and are not within the control of Pleasant Holidays, LLC. Your foreign destination may not conform to the United States’ Americans with Disabilities Act requirements, and facilities for disabled persons may be extremely limited. the Company assumes no liability for the failure for the provision of accommodations by a travel vendor. Peanut Allergies: Airlines cannot guarantee nut-free flights and customers are encouraged to review all health concerns with their physicians prior to flying.
16. Rental Cars
Each rental day consists of one 24-hour period. Overtime charges must be paid directly to the car rental company (CRC). Car rentals do not include limited collision damage waiver, gas, GPS devices, drop charges, personal accident insurance, highway toll charges, hotel parking fees, personal effects protection, car seats, additional driver fees, upgrades or extensions of rental beyond the period included. All CRC claims must be settled directly with the CRC. NOTE: A valid driver’s license and
security deposit must be provided to the CRC. Minimum driver age varies by type of vehicle and CRC. Underage drivers may be subject to an extra surcharge payable directly to the CRC. Some countries require the presentation of an International Driver’s Permit (IDP) along with a valid license. To learn more about an IDP and how to obtain one, visit http://www.dmv.org/international-driver-permits.php.
17. Hotel Environment Fee
RIVIERA MAYA ECO TAX: Mexico’s Municipality of Solidaridad in the Riviera Maya implemented an eco tax effective October 2017. Hotels will collect 26.60 Mexican pesos per room, per night from guests upon check-out. The funds will be deposited into an environmental trust to fund local projects to maintain and preserve the natural beauty of the area. Tax subject to change without notice.
Other Resorts may impose the same fee. It is the customer’s responsibility to check with the resorts and pay for the required fees.
18. Airport Check-In
The time shown on the itinerary/receipt is the departure time of the aircraft. Flight departure time is not the same as the time you must check-in or the time you must be available for boarding. Your carrier may refuse you carriage if you are late. Check-in times, as advised by your carrier, are the latest times at which passengers can be accepted for travel; boarding times, as advised by your carrier, are the latest times at which passengers must present themselves for boarding. Flight cannot be held for late-arriving passengers, and the Company accepts no responsibility in such cases.
19. Hotel Check-In and Check-Out Conditions
The check-in time for most hotels is 3:00 pm and check-out time can be as early as 11:00 am, regardless of your arrival or departure times. Please refer to your hotel accommodation voucher for actual check-in and check-out dates as this may differ from your departure and return date. Check-in policies differ by hotel and will therefore vary. Many hotels will offer hospitality areas for travelers who may be without their room for some time; however this arrangement is solely at the discretion of the hotel. Travelers wishing to make arrangements for a late check-out and baggage storage must arrange this service directly with the hotel. We do not accept responsibility for any inconvenience or loss arising from these types of arrangements. Some hotels may require you to leave a credit card imprint or cash deposit upon check-in to provide security for miscellaneous charges such as telephone calls.
20. Cruise Lines
Except as otherwise provided, cruise line carrier may, for any reason, without prior notice, cancel the cruise; deviate from the scheduled ports of call, route and/or timetable; call or omit to call at any port or place; render assistance to preserve life and property; or change the date or time of sailing or arrival, change the port of embarkation or disembarkation, shorten the cruise or substitute ships, aircraft or other transportation or lodging.
If conditions make cruise routes and itineraries unsafe for navigation due to weather or other conditions, the cruise line carrier reserves the right to change or modify the itinerary. Any changes or modifications to cruise itineraries will not result in eligibility for a refund.
The customer is responsible for timely embarkment at all ports. The Company is not responsible for any issues arising of this nature.
21. Act of God/Force Majeure
The Company, its parent, subsidiaries, affiliates, agents, subagents, suppliers and each of their respective officers, directors, employees, agents and representatives do not assume liability for any loss, damage or injury of any nature in whole or in part resulting from an act of God or any other force majeure condition including without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, flood, explosion, water or power shortages or failures, storms or hurricanes, riots or civil commotions or disturbances and any other acts of similar nature, sabotage, arrests, strikes, boycotts, picketing, lockouts or other labour disruptions, inability or failure of a third party service provider to provide services and/or products, restraints of rulers or peoples, expropriations, acts of terrorism, public enemies, war, invasion, insurrection, national emergency, epidemics, pandemics, quarantine restrictions, government health advisories or warnings or alerts of any kind or nature, government seizures, any laws, rules, proclamations, regulations, orders, declarations, advisories, actions, interruptions or requirements of or interference by any government or governmental agency thereof, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, any other unforeseen circumstances in any country in the world or any other cause or causes of any similar nature that impacts negatively on or hampers its ability to fulfill any of its contractual conditions (all of the foregoing being herein referred to as an «Event of Force Majeure»). In the event that any of these conditions apply, the Company shall be excused, discharged or released from its performance to the extent such performance is so limited or prevented, without liability of any kind and the Company’ non-performance shall not be deemed a breach of these Terms and Conditions. In such case, the Company’ obligations hereunder shall be extended to the extent of any delay resulting from the Event of Force Majeure and a full refund will not be granted.
22. Methods of Contact
Please visit our Contact Us page for all valid forms of contact regarding any questions you may have.
Facilities, guest services, amenities, energy surcharges, resort fees, third or fourth adult in room charges, valet/parking fees and promotional offers are provided at the discretion of the hotel/cruise line and are subject to change without notice. Such charges, which are not payable to the Company, are the responsibility of the customer and are payable directly to the hotel/cruise line. Room/cabin location, connecting rooms and bedding requests are not guaranteed and are based upon availability at time of check in. Hotel/cruise ship descriptions and photos do not necessarily depict the actual room/cabin in which guests will be accommodated; maps and images may not be exact or to scale, and are for general description purposes only. Room/cabin standards are the sole responsibility of the hotel/cruise line. Hotel/cruise ship ratings are based on information provided by the hotel/cruise ship and the Company’s own evaluations. Hotel relocations are the direct responsibility of the hotel and the Company assumes no liability for hotel relocations.
For hotels located in certain jurisdictions such as New York City, New York sales taxes and a New York City Hotel Room Occupancy Tax must be collected on both the rent charged by the hotel and the amount the Company charges for its services, which we are required to collect and remit to these jurisdictions.
Hotel stays do not earn or qualify for any points, awards, airline miles or elite status upgrades under any hotel loyalty or frequent guest program. Hotels may require a credit card or cash deposit up to several hundred dollars based upon room or suite category upon check-in to cover additional expenses incurred during the hotel stay. These deposits are made direct to the hotel at check-in and are unrelated to the amount paid to the Company. Hotel beach and ocean conditions change with the seasons due to storms, wave heights and wind direction including sand erosion, seaweed or Sargassum, rocks, debris, flooding and other coastal conditions.
24. Claims and Liability
WITH RESPECT TO THE TRAVEL ARRANGEMENTS MADE IN CONNECTION WITH THIS TRANSACTION, the Company REPRESENTS AND ACTS AS AGENT FOR DISCLOSED PRINCIPALS AND INDEPENDENT CONTRACTORS, INCLUDING CARRIERS, TRANSPORTATION COMPANIES, TOUR OPERATORS, WHOLESALERS, SERVICE COMPANIES, HOTELS, ETC. the Company IS NOT RESPONSIBLE OR LIABLE FOR ANY ACTS, OMISSIONS, FINANCIAL STABILITY, DELAYS OR CHANGES BY ANY OF THESE ENTITIES. NEITHER the Company NOR ANY OF ITS REPRESENTATIVES SHALL BE OR BECOME LIABLE OR RESPONSIBLE FOR ANY LOSS, INJURY, DAMAGE TO PERSON, PROPERTY, OR OTHERWISE IN CONNECTION WITH ANY ACCOMMODATIONS, TRANSPORTATION OR OTHER SERVICES RESULTING DIRECTLY OR INDIRECTLY FROM ANY EXTRAORDINARY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, DANGERS INCIDENT TO THE SEA, FIRE, BREAKDOWN IN MACHINERY, ACTS OF GOVERNMENTS, DE JURE OR DE FACTO, WAR, HOSTILITIES, CIVIL DISTURBANCES, STRIKES, RIOTS, THEFTS, EPIDEMICS, MEDICAL QUARANTINES, CUSTOMS REGULATIONS, DEFAULTS, DELAYS OR CANCELLATIONS OF OR CHANGES IN ITINERARY, ROUTING OR SCHEDULES FROM ANY CAUSE BEYOND THE CONTROL OF the Company OR FROM ANY LOSS OR DAMAGE RESULTING FROM INSUFFICIENT OR IMPROPERLY ISSUED PASSPORTS, VISAS OR OTHER DOCUMENTS.
LIMITATION OF LIABILITY – BY MAKING A RESERVATION, CUSTOMER ACKNOWLEDGES THAT IN ALL EVENTS, the Company SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THAT THE SOLE EXTENT OF the Company’s LIABILITY, IF ANY, SHALL NEVER EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO the Company.
Each of the Company, its agents and subagents’ act as an agent for you in relation to travel services and/or products purchased by you including, but not limited to, accommodations, transportation [including, but not limited to, ground and air transportation], and tours. the Company makes no guarantees or warranties, express or implied, regarding any such services. This includes, but is not limited to transfers, flights, cruises, tours, services and accommodations purchased or provided, as well as other features listed or not listed in these Terms and Conditions and/or your itinerary.
All of these travel services and/or products purchased by you and provided in your itinerary are furnished by independent contractors over which the Company and its agents and subagents exercise no control. Although the Company has taken reasonable steps to ensure proper arrangements are in place for your travel plans, we cannot be held responsible for the acts or omissions of such independent contractors [including, but not limited to, delayed opening of hotel accommodations and any related relocations as a result of such delay. In such cases, you will be responsible for all costs and damages in connection with such delay and relocation including, but not limited to, airline fees and accommodation costs]. the Company will not issue any refunds and shall not be held responsible for any claims, losses, damages, costs or expenses arising out of personal injury or death, loss, damage or delay of baggage or other property, delay, loss of enjoyment, inconvenience, upset, disappointment, distress or frustration whether physical, emotional or mental, resulting from or arising out of any of the following:
- Any act or omission (including, but not limited to, inability or failure to provide services and/or products) by any customer, supplier or third party including, but not limited to, the airlines, transportation companies, coach tour operators, car rental organizations, excursion providers, hotel/resort properties, or anyone for whom such suppliers or third parties may be in law responsible;
- An act of God or Event of Force Majeure;
- Equipment failure;
- Sickness/illness (including, but not limited to, contracting food-borne illnesses, viruses, diseases, etc.), family emergencies, theft or any other circumstance affecting you beyond our direct control;
- Failure of the passenger to obtain the necessary documentation or meet the required health regulations in order to complete their travel arrangements;
- Failure of the passenger to follow instructions including, but not limited to, airport departure times, baggage handling and check-in time frame stipulated by the Company in these Terms and Conditions on the day of departure whether due to missed connections, adverse weather conditions, mechanical failures or any other reason whatsoever;
- Voluntary participation in an optional tour, excursion or activity;
- The need for us to cancel services, change itineraries or substitute accommodation or services, provided that efforts are made to supply comparable services and accommodations available; or
- Cancellation of an optional tour, excursion or activity.
The Company, its parent, subsidiaries, affiliates, agents, subagents, suppliers and each of their respective officers, directors, employees, agents and representatives’ liability for any loss, damage or injury, whether to property, physical or mental, arising from their own acts, omissions or negligence, is limited to the amount you paid to the Company for the services with respect to which you are claiming.
The sole and exclusive responsibility and liability of any airline used in the Company’ services shall be in accordance with and limited by the contract of carriage on your ticket, the applicable tariffs, and the provisions of the Warsaw Convention or Montreal Convention, as applicable.
The customer agrees to indemnify and save harmless the Company, its parent, subsidiaries, affiliates, agents, subagents, suppliers and each of their respective officers, directors, employees, agents and representatives against any liability, actions (including legal fees), claims, losses, costs and damages, which the Company may incur, sustain or pay arising out of or in connection with the customer’s acts or omissions, in relation to any incident alleged to have occurred in destination and/or in relation to services provided by the Company.
By making a reservation to purchase a vacation product from the Company you, the customer/passenger, hereby acknowledge that you have read and accept the Terms and Conditions contained herein. Furthermore, when making a reservation for a the Company product on bestdealvacations.com or soytuviaje.com or any website relating to the company, you agree that you are solely responsible for such reservation. You also confirm that as the booking or instructing passenger, you have the legal capacity and authority to book travel services on behalf of yourself and of other persons named in the invoice and itinerary. It is you who will keep your travel agent or the Company informed of any changes to your travel plans or contact information.