Terms and Conditions
Terms of Service - Not So Hostel World, LLC
Last Updated: 1st October 2023
- Terms of Service - Not So Hostel World
Last Updated: 1st October 2023
- Introduction
AGREEMENT WITH NOT SO HOSTEL WORLD, LLC, INDEPENDENT TRAVEL AGENT CHRISTOPHER E SNELL OF OUTSIDE AGENTS/CRUISE TOURS UNLIMTED, LLC, CALIFORNIA SELLER OF TRAVEL, NO 2090937-50
These terms are agreements between Not So Hostel World and its agents (“NSHW”, “We”, “Us”, “Our” or “Agency”), and “You”, and “Your” mean the traveler and anyone traveling under the same booking. Not so Hostel World an independent agent of outside agents is an independent booking agent for third-party suppliers (each a "Supplier" and together, "Suppliers") to offer travel services such as tours, cruises, hotels, flights, and rental vehicles et al. We are not responsible for the acts or omissions of the suppliers or their failures to adhere to their own schedules, provide service, or refunds, financial default, or failure to honor trip credits. These Terms and Conditions apply to all reservation services and travel services we plan. You have consented to and accepted these Terms and Conditions by making a reservation through our Agency. The terms of our booking take precedence over those of the supplier. Each Supplier is a separate legal person with its management and is not under our Agency's control.
When the booking is confirmed, we'll email you to let you know. You should carefully read these Terms before confirming travel services because they are subject to modification at any time, without previous written notice. These agreements may be subject to cancellation and change fees imposed by our Agency, as detailed in our Terms.
A. The Services
- The “Services” consist of our Agents and Website and any functions provided by, through, or in conjunction with our Website, agent, virtual office, and any location where travel can be discussed and sold, including but not limited to travel searches, travel booking, email, telephone messages, social media direct messages and text messages. These Terms of Service do not apply to your individual travel booking, only to your use of the Services to make a travel booking through our agency.
- Each component of your travel (including but not limited to cruises, hotels, flights, excursions, tours, all-inclusive, travel insurance, and all other travel-related services) may include its Terms of Service of service or a contract of carriage (the “Partner Terms”). If Partner Terms apply, you will be shown a link to the Partner Terms before completing your booking. We make no representations or warranties as to the Partner Terms. You acknowledge and agree that you will review and agree to the Partner Terms before booking your travel through the Services.
- The Services are not for use by users under the age of 18 unless accompanied by an adult 18 and over unless local law supersedes. By registering for the Services, you represent to us that you are over the age of 18 and warrant that you shall not allow persons under the age of 18 to use or access the Services without a parent or guardian.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY. DO NOT USE THE SERVICES IF YOU DO NOT WISH TO COMPLY:
B. By either filling out our contact form or providing contact information as part of a prospective or final cruise booking, you give us express written consent to contact you by phone, e-mail, or text messages to
(i) Provide notices regarding your bookings and travel itineraries,
(ii) investigate or prevent fraud, or
(iii) collect a debt owed to us.
You agree that we may contact you using auto-dialed or prerecorded message calls, emails, social media, and text messages to carry out the purposes we have identified above. We will not share your phone number(s) with third parties for their purposes without your consent. Standard telephone minute and text charges may apply. We will not use auto-dialed or prerecorded message calls or texts to contact you for marketing purposes at the telephone number(s) you designate unless we receive your prior express written consent. You do not have to consent to receive auto-dialed or prerecorded message calls or texts to use the Services.
YOU EXPRESSLY AGREE THAT WE MAY CONTACT YOU EVEN IF YOU HAVE PREVIOUSLY REGISTERED YOUR PHONE WITH A FEDERAL OR STATE “DO NOT CALL” REGISTRY. You can withdraw your consent and may opt out of receiving phone calls by contacting us in any of the methods listed in the “Contact” section of the Website. In addition, you may opt out of e-mails by clicking the “unsubscribe” link in any e-mail we send and may opt out of text messages by replying “STOP” to text messages you receive from us. If you opt-out and re-enable any of these services, you will be deemed to have again given us your express written consent to contact you via any services you re-enable.
2. PRIVACY POLICY
Our privacy policy is located in the footer of our Website and is incorporated herein by reference. Click here for quick access.
ACCEPTABLE USE
- For purposes of these Terms of Use, “Content” means information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials made available, displayed or transmitted over, by, or in connection with the Services (including information made available by means of an Internet “hyperlink”, a third party Web posting, e-mail, or similar means), including all trademarks, trade names service marks and domain names contained therein, as well as the contents of any mobile applications, websites, social media, bulletin boards, chat forums, and all updates, upgrades, modifications, and other version of any of the foregoing.
- About the use of the Services, including any Content that you upload, send, post, e-mail, or otherwise transmit while using the Services, you represent and warrant that
(i) you are the true owner of or have and will have at all times sufficient rights, without limitation, to upload the Content;
(ii) the Content does not and will not violate:
(a) the copyrights, patents, trade secrets, trademarks, service marks or other intellectual property rights;
(b) any other property rights;
(c) privacy rights; or
(d) any other proprietary rights of any other person, business, or entity; and
(iii) the transmission of the Content does not and will not violate any laws or breach any licenses or other agreements to which you are a party. Except as expressly permitted by law, you may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials.
- You acknowledge that all Content, whether posted publicly or transmitted privately over, by, or in connection with the Services, is the sole responsibility of the person from whom such Content originated. You agree and acknowledge that
(i) we do not control or endorse the Content and
(ii) we cannot guarantee such Content's accuracy, integrity or quality. You further agree and acknowledge that by using the Services you may be exposed to inaccurate, offensive or indecent content. You agree that the Company will not be liable for any Content or any loss or damage resulting, directly or indirectly, from the use of or reliance on any Content transmitted via the Services. You hereby assume and agree to bear all risks associated with the help of any Content, including any reliance on the accuracy or completeness of such Content.
- In using the Services, you agree not to upload, send, post, e-mail, or otherwise transmit via the Services any Content that
(i) contains viruses, other code, or software that damages, destroys or interferes with (or is intended to damage, destroy, or interfere with) the communications networks or computer systems of the Company or our employees, contractors, affiliates, or customers,
(ii) contains unlawful, tortious, libellous, defamatory, abusive, racist, harassing, or threatening material, or is invasive of another’s privacy, another’s right of publicity, is pornographic (including but not limited to child pornography), or otherwise objectionable as determined by us in our sole discretion, or
(iii) constitutes unsolicited commercial bulk email (spam), or is prohibited by the CAN-SPAM Act of 2003 or any other applicable law regulating e-mail services.
- At our sole discretion, we have the right to remove any material that breaches these Terms of Service or is (in our sole reasonable opinion) otherwise objectionable.
- You may not use the Services, either manually or employing an automated tool, to collect the contact information or personally identifiable information of other users of the Services for any purpose (other than using the Services), including, but not limited to, collection of such information for advertising or direct marketing to users of the Services outside of the Services.
- You may not use the Services to interfere with, gain unauthorised access to, or otherwise violate the security of our (or another party’s) network, servers, computers, other control devices, software, or data or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:
- Unauthorized monitoring, scanning or probing of networks or systems or any other action aimed at the unauthorized interception of data or the harvesting of e-mail addresses;
- Use any forged, false or misleading number identity, email header, invalid or non-existent domain names in email or postings nor employ techniques to hide, obscure or counterfeit the source of e-mail or other posting;
- Hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
- Impersonating others, phishing, or secretly or deceptively obtaining personal information of third parties; or
- Using any program, file, script, command or transmission of any message or content of any kind designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication, except in the case of authorized legitimate network security operations, distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools; or programs that may damage the operation of another’s network, system, computer or other property
3. Travel and Service Rates
All the Quoted rates mentioned to you are set to today’s date and time quoted. Prices and charges may fluctuate based on the exact inclusions you ask. Without being specifically itemized, rates exclude seat assignments, the Air Transportation Tax, the Agricultural Tax, airport taxes and fees like the security fee, passenger facility charges, Federal domestic flight segment fees, U.S. international travel and departure fees, and other government-imposed fees. Unless otherwise noted, they also exclude port taxes, vaccinations, tips, meals, and beverages. So, please keep in mind the extra charges not included in the package due to the variety of services at your destination, accommodation and leisure. This may include meals and beverages except as noted and on cruises or all-inclusive resorts, alcohol, resort fees, locally paid city taxes, hotel energy charges, parking and valet services, laundry service, additional bedding charges, telephone calls, minibar, optional excursions, airport transfers, non-qualifying flights, porterage at airports and train stations, travel insurance premiums, and any other miscellaneous services.
4. Reservations and Advance or On-Site Payments
You acknowledge and accept our Terms and Conditions and agree to comply with them by giving your credit card information for payment of any type. You permit us to charge your credit card for the costs related to your travel reservation. You indicate that you understand and agree to all the terms and conditions of the booking, including but not limited to, all cancellation policies, by permitting us to charge your credit card, either through our payment authorization form or over the phone. Any payments not made in USD to the agency will be converted at the prevailing exchange rate. Payments made by the Agency to vendors in U.S. dollars will be exchanged at the going rate for the local currency.
5. Refunds and Chargebacks
Requests for modifications, refunds, or both must be submitted immediately, or within 24 hours of the travel booking, if applicable. See vendor and supplier terms and conditions for more information. All claims must be supported by complete information and payment documentation. Please give us 3 business days from the date of the canceled trip to process your refund. Refunds won't be given for cancellations brought on by real or threatened terrorist attacks or travel anxiety brought on by such events as terrorism, health, political, or similar threats. Supplier terms are distinct from those of our Agency. Please see the terms and conditions for further information on the supplier's policies. You consent to the refund policies and practices described in these Terms and Conditions and waive any right to a chargeback in the event of cancellation (apart from fraud). We reserve the right to recover extra costs, fees, and expenditures related to the chargeback, including but not limited to attorney fees, if you attempt a chargeback, reverse, or reclaim a trip payment that has already been issued without our written authorization.
6. Required Actions and Documents for All Bookings
A. Proof of Citizenship
All airline passengers are required by the Transportation Security Administration (TSA) to provide Secure Flight Passenger Data (SFPD), which includes the following information: full name as it appears on government-issued identification, date of birth, gender, and Redress number (if available). The traveler's government-issued identification must match the name on all reservations and travel papers. Any fees and costs incurred due to an incorrect name or the denial of travel due to inaccurate information are the passenger's responsibility. Visit www.tsa.gov for the most recent information on security precautions and standards for air travel. It is strongly advised that passengers visit this webpage before departing for their planned location. Every individual traveling to or from a foreign country is required to have a passport that is current and valid for at least six months after the return date. By the country of origin, the country of destination, and any other countries where a stop is planned, the traveler is responsible for confirming the most recent entry requirements and getting the required travel papers. On domestic or foreign flights, minors aged 17 and younger who travel alone or with a single parent may need additional paperwork. Losses incurred due to failing to obtain or deliver necessary travel paperwork will not be reimbursed.
B. Passports, Visas, and Driver’s Licenses
You must be familiar with the laws and rules governing any visit to any country or region. We may be able to assist you in acquiring the necessary travel documents upon your request. It is not our responsibility to determine if any such records are required. If you do not possess the necessary Visas and/or papers for admission into any nation or region, we will not be held liable in any manner. You are responsible for deciding which documents are required and obtaining those documents. If an accident happens and you need our help, you'll be responsible for paying for all necessary alternative arrangements. You are responsible for making sure your passports are current and valid before traveling to any nation. Your passport or any other travel document must be valid to enter any country or region; we are not responsible for making this determination.
7. Check-in period/time
The minimum check-in for a domestic flight is 1 to 1 and ½ hours prior to take off and 2 to 3 hours prior for international travel. Heightened security measures have led to longer wait times transiting security and can lead to unexpected delays. If you fail to arrive within your airline's specified check-in time, it could result in a delay or denial of boarding. We are not responsible in the event you or anyone within your travel party miss a flight, train boarding, and/or other booking and service in which your prior check-in is required, not limited to the above examples.
8. Accommodations
When making a reservation, consideration should be given to hotel accommodations. To secure a reservation, certain hotels charge NON-REFUNDABLE and NON-TRANSFERABLE deposits. In these situations, we will inform you how much of the trip's prepayment is NON-REFUNDABLE. No accommodation can guarantee specific amenities like lifts, air conditioning, or bedding dimensions. Additionally, even if a hotel includes amenities like air conditioning or a lift, neither their availability nor availability during your stay is guaranteed. The primary burden for making up for a lack of extras is with the hotels. Even though we might serve as a middleman, we can never be held accountable for such compensation.
9. Air Arrangements
Please be aware that most airlines treat a name change as a cancellation. The traveler is responsible for verifying the airline's luggage policies for each voyage. There can be differing requirements for domestic flights and international flights. The traveler is accountable for any additional baggage charges. At the time of booking, all tickets must be paid in full and are NON-REFUNDABLE. Once purchased, airline tickets are fully NON-REFUNDABLE and NON-CHANGEABLE. We disclaim all liability for any damage, accident, injury, delay, defect, omission, or irregularity that may arise, including adjustments, additional costs, and cancellations brought on by weather, changes in the schedule, and other unforeseen circumstances. You consent to follow all airline safety regulations and release us from any liability resulting from airline regulations. Not all airlines provide complimentary seat allocations. These carriers reserve the right to impose additional fees for pre-assigned seats before takeoff. Seats in particular areas or next to one another cannot be guaranteed. This is solely dependent on space at the moment seats are chosen. Airlines reserve the right to modify seat assignments and aircraft at any time. After seats have been selected and paid for in advance, we are not liable for any changes made by airlines, any additional fees levied by the airlines, or any seats.
10. Cruise Management
When booking a cruise, customers must pay the deposit or full cruise fare at the time of booking, depending on which is applicable. If less than 120 days, the full booking amount will be due. All bookings for cruises are considered FINAL, NON-REFUNDABLE, and NON-TRANFERABLE unless otherwise stated in writing. This policy is in place due to the nature of the cruise industry, which typically requires reservations and commitments to secure accommodations and services. In the event of a customer's inability to embark on a booked cruise due to unforeseen circumstances, we may assist in exploring options for rescheduling or modifying the booking. However, any such changes are subject to availability and the terms and conditions of the cruise line, and additional fees may apply. The cruise itinerary and activities offered during the voyage are subject to change by the cruise line and are beyond our control. Customers should know that additional charges may apply for certain onboard activities, excursions, and services during the cruise. These charges are typically paid directly to the cruise line or service providers and are not included in the initial booking fee with our company.
To secure the best possible cruise experience, we recommend booking at least one year in advance. Cruise availability and pricing are subject to change, and booking early can help customers get their preferred cruise dates and accommodations. We strongly advise customers to consider purchasing comprehensive travel insurance to protect against unexpected events that may disrupt their travel plans, such as medical emergencies, trip cancellations, or interruptions.
11. Risk of Travel
We assume no responsibility for and shall not be liable for the acts or omissions on the part of any other party not under our control, or any acts of God, unsafe conditions, terrorism, health hazards including pandemics, illness, weather or any other condition outside of our control. We have no knowledge of any future events, or how financially viable a company or supplier is and we do not warrant such. If you would like to read ore about the risks associated with travel and risks associated with the specific destination you are traveling to please visit the state departments website at www.travel-state.gov. There you can click on international travel information and then view each country you are visiting. For information on medical and health-related travel risks, please visit the CDC’s website at www.cdc.gov. Additionally, all travelers should access and review the most recent COVID 19 information as well as requirements for travel. We are not responsible for providing this information or any changes that may impact your booking.
12. Special Travel Needs (Regarding Accessibility or Any Disabilities)
Consider if you require non-emergency special services, additional support, or disability accommodations because of your disabilities or other special needs. If so, please let us know before making a reservation so we may arrange assistance or the necessary services or equipment. In rare circumstances, renting specific equipment or gadgets may incur additional costs if you cannot use your wheelchairs, mobility devices, or medical equipment or devices. The size of wheelchairs that airlines may accept may be subject to size limits and additional baggage fees. If you travel with a service or emotional support animal, some vendors may demand in advance plans and additional documents for the animal's training and health. Laws and regulations in other countries frequently impose different requirements or adjustments for people with impairments or special needs. While we will help travelers with special needs or impairments, we cannot be held liable if a supplier does not accommodate your needs when that supplier complies with local laws and regulations. Additionally, in the legal or regulatory environment of the locations you visit on your vacation, the rules and regulations of local jurisdictions regulating visitors with special needs or impairments may alter. There might not be as many medical facilities or prescription drugs available in some places. Your vacation should be discussed with your healthcare physician. Some travel insurance policies may include access to emergency medical care, medical evacuation, and replacement of prescription prescriptions. THE PURCHASE OF COMPREHENSIVE TRAVEL INSURANCE IS STRONGLY RECOMMENDED.
13. Third-Party Suppliers
Our Suppliers do not act as agents, affiliates, representatives, or employees; instead, they are independent contractors supplying tours, excursions, transportation, lodging, and other elements of your trip or vacation. The terms and conditions outlined by the Supplier apply to all provided paperwork, receipts, confirmations, and tickets. Your reservation and any purchases of travel-related products and services will be subject to additional terms and restrictions independent from this Agreement. Please carefully read these added terms and conditions. You consent to adhere to the terms and conditions of any Supplier you choose to do business with, which may include, but is not limited to, payment of all sums when due and observance of the Supplier's guidelines and limitations on the accessibility and use of fares, goods, or services.
We retain the right to cancel your reservation if full payment is not received on time. You understand that a liability waiver may be requested from you by some third-party providers before you can use the services or engage in the activities they offer. You are aware that breaking any of these suppliers' policies could lead to cancellation of your reservation(s), denial of access to the relevant travel services or products, loss of any payments made for those reservation(s), and/or your obligation to pay any costs we incur as a result of that violation. You will receive a written copy of any additional terms and conditions through email.
14. Hazardous Materials and Insecticides During Travel
Federal law forbids any passenger from bringing dangerous chemicals in their luggage or on their person onto an aircraft or cruise. According to 49 U.S.C. 5124, violations are punishable by up to five years in jail and fines of $250,000. These substances include radioactive materials, explosives, pressurized gases, flammable liquids and solids, oxidizers, poisons, and corrosives. Paints, lighter fluid, explosives, tear gas, oxygen bottles and radiopharmaceuticals are a few examples. Small quantities (up to 70 ounces total) of toiletries, medical supplies transported in your luggage, and specific smoking materials carried on your person are given special exemptions. On your itinerary, you should get in touch with the representative of your airline.
Restrictions on hazardous materials are listed at http://www.tsa.gov/traveler-information/prohibited items. Also, review the Cruise's hazardous items conditions to avoid mishaps or unpleasant experiences.
We advise you to consult the Department of Transportation's (DOT) list of airports in nations that demand that airlines treat passenger cabins with pesticides before takeoff or during flight. This list is available on the DOT website and is periodically updated. Aircraft disinfection regulations can be found at http://www.dot/office-policy/aviation.
15. Compliance with the Laws
- In connection with your use of the Website or our Services, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
- You agree and acknowledge that (i) the export, import, and use of certain software, and technical data that may be provided as part of the Services are subject to domestic and foreign U.S. laws (including the U.S. Export Administration Act and the regulations implemented thereunder by the U.S. Department of Commerce, the U.S. Foreign Corrupt Practices Act (“FCPA”), and all foreign laws similar to the FCPA) (all such laws and regulations collectively referred to herein as “Export Laws”), as the same may be amended from time to time, (ii) the transmission of Content via the Services may be subject to all domestic and foreign privacy laws applicable to the provision of Services (including the Electronic Communications Privacy Act (together with the Stored Communications Act),the Federal Trade Commission Act, the U.S. Patriot Act, the Children’s Online Protection Act, state privacy laws (including the California Online Privacy Protection Act (“CalOPPA”)), state wiretap laws, and, together with all respective federal and state regulations implementing those laws, as the same may be amended from time to time (all such laws and regulations collectively referred to herein as “Privacy Laws”), and (iii) you shall strictly comply with all Privacy Laws and Export Laws applicable, directly or indirectly, to your operation or use of the Services or your transmission of Content thereby.
16. Travel Consumer Restitution Fund
NSHW is committed to providing exceptional travel services while ensuring our valued customers' financial protection and peace of mind. To this end, we participate in the Florida Travel Consumer Restitution Fund (TCRF) program.
The TCRF is a consumer protection program designed to safeguard the funds paid by consumers to travel agencies in the event of unforeseen circumstances, such as the insolvency or non-performance of the travel agency. This program aims to reimburse eligible consumers for any prepaid, non-refundable travel expenses, including but not limited to, transportation, accommodations, and tour packages.
Key points regarding the Florida TCRF program:
A. Coverage Eligibility
The coverage provided by the TCRF program is subject to specific eligibility criteria and limitations established by the Florida Department of [Relevant Regulatory Authority]. Please consult the official guidelines or contact the Consumer Board for detailed information on eligibility requirements.
B. Claim Process
In the event of financial failure or non-performance by NSHW, customers may file a claim with the Consumer Board to seek reimbursement for their prepaid, non-refundable travel expenses. The process for filing a claim and the documentation required will be determined by the Consumer Board.
C. Limitations
The TCRF program may limit the maximum amount of reimbursement provided to eligible consumers. These limits may vary based on the circumstances of the claim and the guidelines set by the Consumer Board.
D. Exclusions
It is important to remember that the TCRF program might not pay for all travel-related costs, and some things could not be reimbursed. Customers should thoroughly read the terms and conditions of the TCRF program to comprehend its coverage.
NSHW strongly advises all customers to consider the advantages of getting comprehensive travel insurance, which might offer further protection outside the purview of the TCRF program. Travel-related hazards, such as trip cancellations, disruptions, medical emergencies, and more, can be covered by travel insurance. By booking travel services through NSHW, customers acknowledge the existence of the Florida Travel Consumer Restitution Fund and agree to comply with its guidelines and procedures in case of a claim.
For further information about the Florida TCRF program or to inquire about specific coverage details, please visit the official website of the Consumer Board or contact their customer service representatives.
17. Intellectual Property Rights
A. You acknowledge and agree that the Services in total, the Website and Content contained therein (including without limitation the Website design, text, blogs, Vlogs, graphics, and all software and source codes connected with the Website and the services) are protected by copyright, trademarks, patents and other intellectual property rights and laws that are owned by Company or other third parties from whom Company has the right to display such intellectual property. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
B The Company does not claim ownership of any materials you post, upload or submit to any publicly accessible Services area. You hereby grant to the Company (and its Affiliates) a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all Content that you upload to the Services, and to incorporate any such Content in other works in any form, media, or technology now known or later developed. You agree that the Company will not treat any Content that you upload to the Services as confidential and may use any such Content in the operation of its business (including, without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind.
18. Indemnity
A. You agree to indemnify, defend, and hold our Company and its shareholders, members, board of directors, board of managers, officers, managers, employees, agents, independent contractors, attorneys, suppliers, vendors, or representatives (collectively with Company, the “Company Affiliates”) harmless from and against any Claims and Damages arising directly or indirectly
(i) from any breach by you of these Terms of Use, and
(ii) any Claim brought or threatened against the Company by any third party arising
(a) out of your use of the Services or
(b) because of or in connection with any Content submitted, posted or transmitted through the Services, howsoever such Claims or Damages are suffered or incurred by Company as a result of (a) or (b).
- For purposes of these Terms of Service:
- “Claim” shall mean any suit, claim, demand, cause of action, administrative, regulatory or judicial action, proceeding (including condemnation or appropriation proceedings), hearing, written notice, arbitration, investigation, request for information, litigation, charge or complaint.
- “Damages” shall mean any injury, damage, liability, judgment, loss, penalty, interest, cost and expense, including reasonable attorneys’ fees and court costs incurred due to, as part of, or resulting from an asserted or threatened Claim.
19. Responsibilities and Liability
By each schedule, we offer a service for organizing lodging, travel, sightseeing, admissions, and other services from third parties. Any harm, loss, damage, delay, accident, or other irregularity caused by a hotel's owner, manager, employee, or company or person involved in transporting people or offering services is not our responsibility. None of the Suppliers who will offer goods and services for the trip or other potential options that may be available in conjunction with the trip are owned, operated, or represented by us in any way. varied nations have varied entrance requirements for those with criminal history. You must know destination entry laws if you or anyone in your party has a criminal history. We don't ask about someone's criminal record out of respect for our client's privacy. Refusal of entry is not an acceptable justification for a chargeback or cancellation. In the event of negligence, loss, injury, delay, or expense resulting directly or indirectly from any action or omission, whether negligent, criminal, or otherwise, of any entity providing goods and services for the trip or any available option, you agree to pursue remedies directly with the Supplier and not hold us liable. Additionally, you consent to release us from responsibility for events that are beyond of our control (such as force majeure, terrorism, war, or acts of God). We accept no responsibility for losses or additional expenses brought on by train, bus, ship, airline, or other land, lake, or river services delays, schedule changes, cancellations, adverse weather/climate conditions, war, terrorist acts, strikes, quarantine, lost or delayed luggage, or other circumstances. You hereby waive and hold us blameless from any liability arising out of or related to your trip or participation in activities we organized, whether now or in the future. You are not required to be transported or given a refund if an airline or travel service provider files for bankruptcy. As required by law, any money donated to our Agency immediately becomes the property of the airline or other travel service provider. We do not permit refunds for providers who have filed for bankruptcy. If an airline or other travel service files for bankruptcy, operations may continue or end entirely. Alternative services may be offered by other airlines or travel vendors, but they are not required to.
20. Disclaimers
A. USE OF THE SERVICES IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY, EXPRESS OR LIMITED, WITH RESPECT TO THE SERVICES, INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
B. WE ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER TO THE EXTENT ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH LOST OR ALTERED MESSAGES OR TRANSMISSIONS OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, DAMAGE OR DESTRUCTION OF YOUR CONTENT, DATA, PROGRAMS, INFORMATION, NETWORK OR SYSTEMS, EXCEPT TO THE EXTENT THAT ANY OF THE FOREGOING IS CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
C. NOTWITHSTANDING ANY PROVISION OF THSE TERMS OF SERVICE TO THE CONTRARY, NONE OF THE COMPANY AFFILIATES SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL COSTS, LIABILITIES OR DAMAGES, WHETHER IN BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE, ARISING FROM THE USE OR PERFORMANCE OF THE SERVICES, ANY INTERRUPTION OF SERVICES, OR ANY DELAY, ERROR OR LOSS OF DATA OR INFORMATION ARISING IN ANY MANNER OUT OF, OR IN CONNECTION WITH, THESE TERMS OF SERVICE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ALL CLAIMS FOR WHICH ARE HEREBY SPECIFICALLY WAIVED. TO THE EXTENT SUCH DISCLAIMER IS PERMITTED BY LAW, WE HEREBY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING COSTS, LIABILITIES OR DAMAGES CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
D. YOU ACKNOWLEDGE THE SERVICES ARE NOT GUARANTEED TO BE SECURE OR FREE FROM TAMPERING, VIRUSES, OR OTHER SECURITY VIOLATIONS. ACCORDINGLY, WE HEREBY DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR THE SECURITY OF THE SERVICES, WHETHER OR NOT YOU HAVE IMPLEMENTED ENCRYPTION, FIREWALL PROTECTION OR ANY OTHER INTERNET SECURITY SERVICE OR DEVICE. YOU AGREE THAT THE TRANSMISSION OR USE OF CONTENT VIA THE SERVICES IS AT YOUR OWN RISK.
Changes to these Terms of Use
We reserve the right to update or amend (collectively, “change”) these Terms of Service at any time and will revise the effective date when we do so. It is your responsibility to check the Terms of Service regularly for any changes and to take note of the posted effective date of the Terms of Service. Your continued use of the Website or the Services, as the case may be, after the posted effective dates constitute your agreement to be bound by these Terms of Service as modified, provided, however, that such modifications shall not apply to any disputes arising before the effective date of the changes. Accordingly, you hereby agree that your continued use of the Website constitutes your waiver to contest the enforceability of any such changes (for lack of notice or otherwise). Please do not use the Website if you disagree with the provisions. Otherwise, your continued use is to be deemed conclusive acceptance thereof.
Contact Us
Feel free to contact us over the “Contact Us page” on our website www.notsohostelworld.com, or email us at info@notsohostelworld.com. We would love to help you set up the best trip for the future.
