In order to complete the registration process for a MAVtravel LLC tour/program, you are REQUIRED to read the following important information BEFORE submitting your online registration form.
· By submitting your online registration form, you confirm you accept the Terms and Conditions of this document.
· Furthermore, by submitting your online registration form you confirm that your passport name matches EXACTLY the full name as listed on your passport including middle name(s) or initial(s). You understand any discrepancy may result in cancellation, change fees, new and higher airfares or denial of services.
TERMS AND CONDITIONS – Group Participants
These terms and conditions (“Terms and Conditions”) govern the relationship between MAVtravel LLC d/b/a MAVtravel (“MAVtravel” and/or “us/our”) and you, the purchaser and/or traveler (“Traveler”, “Client” and “passenger” and “you/your”). By planning travel and registering for a trip and/or making a payment for the trip with MAVtravel, you, as the Traveler or Parent/Legal Guardian of Traveler (the “Traveler”, “You”), hereby accept the following Terms and Conditions and agree to be bound by them. You represent that you are 18 years of age or older. Traveler acknowledges and agrees that MAVtravel may change these Terms and Conditions at any time and those changes become effective immediately. MAVtravel is not responsible for any traveler’s unawareness of the Terms and Conditions. Traveler agrees to be bound by the Terms and Conditions that are in effect at the time of travel or by cancellation.
Prices are in U.S. dollars and are based on operating costs, fuel prices, taxes, and exchange rates at the time of contracting with vendor partners. Should these increase, you may be notified and asked to pay these additional costs. All prices are subject to change without notice. Prices listed in this publication are per person based on two to three people sharing a room (double or triple occupancy). For single occupancy pricing, contact MAVtravel. Room occupancy limits vary among hotel properties and/or destinations. Triple rooms are based on three people sharing two beds; rollaway beds are not always included in the price. Package prices do not include any fees or service charges other than those listed in the trip itinerary. The detailed itinerary with specific inclusions can be found on document provided to you by MAVtravel.
The “Trip” price includes round trip economy class airfare from Indianapolis (unless otherwise noted), all accommodations, airport transfers, ground transportation, sightseeing and admissions, meals, hotel baggage handling (one suitcase per person), and gratuities as noted in the itinerary. All airfare and departure taxes are included unless this is not allowed by the country to be visited. If there is an increase you will be notified prior to departure.
We reserve the right to re-invoice you in case an error is made in computing your price. We cannot be responsible for typographical errors, misprints, and misquotes.
We are not responsible for travel arrangements you have made on your own. MAVtravel reserves the right to cancel or re-schedule any trip departure. MAVtravel’s only liability will be to refund to the traveler the amount it has received for the “Land Only” reservation (less any applicable fees). Any air tickets or other travel arrangements purchased outside of the trip package purchased from MAVtravel will not be the liability of MAVtravel in the case of trip cancellation or schedule change.
2. PRICE EXCLUSIONS
Package prices do not include any items other than those listed in the trip itinerary. Visas, passport fees, incidental charges (snacks, laundry, phone calls, internet access, etc.), beverages, meals not mentioned, medical testing, immunizations, inoculations, a travel protection plan, items of a personal nature and gratuities for your travel director, motorcoach driver, hotel staff, cruise ship staff or other service provider are not included. Airline fees such as checked and/or excess baggage or seat selections and /or upgrades are not included. The price does not cover costs and travel expenses if you leave the trip whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.
Based on the price of the trip, a per person deposit of $150 or greater is required to confirm your reservation. Upon confirmation of reservation, balance of payment is due 60 to 90 days prior to departure date, or earlier if specified. Deposit amounts, final payment dates and cancellation dates and fees vary by trip, and details can be found on the specific trip page provided by MAVtravel. For reservations made within the final payment date, full payment is due immediately; a deposit or full payment may be taken if you are placed on a waitlist. MAVtravel accepts payment via ACH or MasterCard, Visa, and Discover. MAVtravel reserves the right to cancel any reservation and impose cancellation fees if any payment is not received per the payment schedule found on the specific trip page.
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through MAVtravel. By submitting a credit card authorization to MAVtravel, you agree to allow MAVtravel to use your payment method, if necessary, to purchase travel products from our Suppliers on your behalf. EXCEPTING IN CASES OF FRAUD, YOU AGREE NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF MAVTRAVEL OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF MAVTRAVEL OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, MAVTRAVEL RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
4. CHANGES AND CANCELLATION
You have the right to cancel your reservation. Trip cancellation fees, potential refunds and final payment dates vary by trip, and details can be found on the specific trip page. Travelers who cancel after final payment will forfeit the total amount of the reservation, unless otherwise stated on the trip page. All refunds will be processed according to the manner in which you paid. Unless stated otherwise in these terms and conditions, please allow sixty (60) days for refunds to be processed. MAVtravel reserves the right to cancel any reservation and impose cancellation fees if any payment is not received per the payment schedule found on the specific trip page. To avoid cancellation fees, we recommend optional travel protection.
Any changes you make regarding your reservation are subject to a per person change fee plus any applicable cancellation charges or increases in the trip package price.
5. TRAVEL PROTECTION
MAVtravel strongly recommends that travelers purchase a travel protection plan. Travel protection safeguards your travel investment, your belongings, and most importantly, you. Your travel protection plan should cover at a minimum, cancellation, curtailment, medical, emergency travel and personal accidents, and damage or loss to personal belongings. Travel protection with Cancel for Any Reason coverage is available and MAVtravel recommends you research this coverage prior to purchasing travel protection.
MAVtravel is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel protection plans. MAVtravel cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call the travel protection company directly.
Declining travel protection plan coverage could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If a traveler chooses to travel without adequate travel protection, MAVtravel will not be liable for any of your losses howsoever arising, which would have been covered by adequate travel protection.
MAVtravel continually strives to improve travel itineraries. If such improvements can be made, we reserve the right to vary itineraries and to substitute accommodations. MAVtravel strives to operate trips as advertised, but if unforeseen circumstances beyond our control make changes necessary, we will make every effort to substitute accommodations, sightseeing or other inclusions with options of a similar standard and location whenever possible.
7. CANCELLATION BY MAVtravel
MAVtravel reserves the right to cancel any trip at its sole discretion. In the unlikely event a trip is canceled by MAVtravel and MAVtravel is unable to reschedule, all funds collected from any traveler will be refunded. Money is refunded to the original payer. MAVtravel shall not be responsible for any refund and will pay no damages in the event of cancellation due to Force Majeure.
8. FORCE MAJEURE
MAVtravel will not be in breach of these terms and conditions or otherwise be liable to you, for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, including web host and internet service provider, breakdown or malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes including, but not limited to extreme weather events, floods and volcanic eruptions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, and any other unforeseen circumstance which is beyond the control of MAVtravel. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
In addition, each of MAVtravel’s Suppliers have terms and conditions which include Force Majeure provisions. In the event that a Force Majeure event occurs, those Suppliers may be entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any itinerary or arrangement in relation to the trip. Payment of any refund to you as a result of the non-performance of any obligations hereunder shall remain in the sole and absolute discretion of the Supplier, pursuant to their policies, although MAVtravel shall use its reasonable efforts to secure reimbursement for you where possible.
9. TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS
It is the responsibility of each Traveler to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry acceptable identification in order to board a flight. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are DHS-designated enhanced driver’s license, Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Traveler to miss flight(s), and subsequent scheduled travel bookings on cruises and tours.
MAVtravel strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-United States citizens may require additional documentation. Traveler is responsible to make MAVtravel aware when traveling on a passport from a country other than the United States of America. MAVtravel neither controls nor warrants the issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued, MAVtravel is not responsible for lost payments made toward the contemplated trip. Please note that rules of each country regarding entry and exit change on a daily basis.
Children and infants also require travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities; please see https://help.cbp.gov/s/article/Article-3643for additional information. The U.S. Customs and Border Protection Agency requires that for groups of children under age 19 arriving to the United States by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader in writing.
10. INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or prior criminal offense, contact that country directly for entry and exit requirements. You can visit the US State Department Website for further information about these requirements. See, https://travel.state.gov/content/travel.html. We do not inquire about an individual’s criminal record in the interest of respecting our Clients’ privacy. For example, if traveling to or through Canada, individuals with a Driving While Intoxicated (DWI) record should review current entry requirements. See: http://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp.
11. HAZARDOUS MATERIALS
Federal law prohibits passengers from bringing hazardous materials on the aircraft.
(1) Federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals.
(2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed http://www.tsa.gov/traveler-information/prohibited-items.
12. INSECTICIDE NOTICE
We recommend that you refer to the DOT list of airports in countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft. This list is on the DOT’s website and is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
You must have the proper immunizations and health screenings and required documentation of such immunizations and screenings before travel. MAVtravel shall not assume responsibility for the accuracy of health, vaccination, or documentation prior to departure or upon landing at the final destination. In some cases, required inoculations must be recorded by Travelers’s health practitioner on a valid vaccination certificate, which the Traveler must carry for proof of inoculation. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues related to travel.
14. AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN
MAVtravel shall not assume any responsibility for any air schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Failure to use a reservation may result in automatic cancelation of all continuing and return flights, as well as forfeiture of airfares.
By checking in for a flight, tour or cruise, you may be agreeing to additional terms and conditions imposed by the Supplier. If you have authorized MAVtravel to check you in for any component of your trip, that you take full responsibility for agreeing to and complying with the Supplier’s terms and conditions of check-in.
15. RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY
We reserve the right to correct errors. In the event of any pricing error or omission, we reserve the right to adjust such pricing or make any other corrections. All offers, incentives and Supplier promotions are subject to availability and may change without notice. Prospective Travelers are advised to reserve early to avoid disappoint ent and additional late booking fees.
16. UNUSED ARRANGEMENTS, MINIMUM PASSENGER REQUIREMENTS AND ALTERATIONS TO BOOKINGS
When tour, cruise or package prices are based on Suppliers’ contract rates, you will not be entitled to any refund for any unused portion of travel.
Some group tours are based on minimum numbers of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed, or the tour may be canceled. Any cancelations of a tour or package for reason of failing to meet the minimum traveler requirement will be governed by the tour operator’s cancelation policy.
If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you. Certain bookings may not be able to be changed. All requests for changes to a booking must be made in writing to MAVtravel.
The Supplier may determine that alterations in itinerary are necessary for any number of reasons, including but not limited to severe weather. Any alterations to an itinerary are at the sole discretion of the Supplier, and MAVtravel bears no responsibility for any changes.
17. LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
MAVtravel makes arrangements with air carriers, hotels, cruise lines, car rental companies, motorcoach companies and other independent parties to provide you with travel services on your trip. MAVtravel acts solely as a booking agent for these principal Suppliers and is not the source or provider of any travel service. Each Supplier is an independent entity with its own management and is not subject to the control of MAVtravel. The Suppliers are responsible for providing the travel services noted in the itinerary, and you consent to the use of Suppliers selected by MAVtravel. These services are subject to the conditions imposed by these Supplier partners, and their liability may be limited by their tariffs, conditions of carriage, and international agreements.
BECAUSE MAVTRAVEL ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE THAT MAVTRAVEL IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. MAVTRAVEL HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH MAVTRAVEL, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFULL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR CANCELATION AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY OR CESSATION OF OPERATIONS AND OTHER MATTERS OUTSIDE OF MAVTRAVEL’S CONTROL, AND YOU HEREBY EXONERATE MAVTRAVEL FROM ANY LIABILITY WITH RESPECT TO THE SAME.
MAVTRAVEL MAY HAVE RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM MAVTRAVEL WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY MAVTRAVEL.
Travel to certain destinations may involve greater risk than others. MAVtravel urges Travelers to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on health and safety conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, MAVTRAVEL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CLIENT’S OWN RISK.
In the event of emergent health or safety concerns, once MAVtravel has investigated the prevailing situation, MAVtravel shall have the sole and absolute discretion whether to proceed with any MAVtravel escorted trip or private departure, or to make alterations to the itinerary.
19. BAGGAGE ALLOWANCE & LIABILITY
Baggage allowance and fees vary and are not covered in the cost of the trip. Specific allowances and fees, and questions regarding baggage restrictions on commercial carriers should be directed to that particular airline or cruise line.
Although every effort is made to handle traveler’s luggage as carefully as possible, MAVtravel is not responsible for and does not assume liability or accept claims for loss of or damage to luggage due to breakage, theft or tear through handling by various vendor partners. It is recommended for your own self-interest and protection that you have adequate insurance to cover these eventualities.
20. AIR CARRIERS
All trips are via commercial air carriers unless otherwise noted. MAVtravel acts as a sales agent for air carriers and reserves the right to designate any air carrier, including commuters and charter services, connecting routing and schedule. Tickets issued are highly restrictive and may not be reissued, revalidated, or exchanged for another carrier or routing.
21. AIR SCHEDULE
Flight schedules are confirmed by MAVtravel as early as 30 days prior to departure date. A tentative flight schedule may be given. However, these schedules and air carriers are subject to change without notice prior to departure.
22. SEAT AND ROOM ASSIGNMENTS
Airline seating and hotel room type requests made at the time of booking will be considered; however, these are requests, not guarantees. Although your preferences are forwarded to our vendor partners, they cannot always honor these requests and pricing does not include assigned, purchased or upgraded seats or room types.
23. ACTIVITY LEVEL
The amount of activity varies according to the trip. In general, European destinations require more walking over uneven surfaces. By taking part in trip activities, you incur and assume all of the risks that such activities present. MAVtravel is not qualified to evaluate your fitness; you must evaluate your fitness for any given trip or activity. MAVtravel assumes no liability or responsibility for any damages which may result from your participation in any activity during the trip.
24. TRAVELERS NEEDING SPECIAL ASSISTANCE
Travelers needing special assistance are welcome and must always be accompanied by a companion capable of providing all required and needed assistance and must not require assistance from MAVtravel or its vendor partners. The traveler must notify MAVtravel of any special assistance needed, in writing no later than the payment of the first deposit, and of status and identity of the non-discounted, paid travel companion who will be responsible for providing all necessary assistance. The traveler should notify MAVtravel if ADA accessible accommodations and/or transportation are needed as soon as possible but no later than the payment of the first deposit. MAVtravel will make all reasonable efforts to accommodate this request, but cannot be responsible if ADA transportation and/or accommodations are not available. Any accommodations provided will be at the sole expense of the traveler.
Neither MAVtravel nor its vendor partners may physically lift or assist traveler into transportation vehicles. Any traveler that uses oxygen must work with the airline or other vendor partners directly to obtain approval.
25. SPECIAL DIETARY REQUIREMENTS
MAVtravel, its representatives and its vendor partners will do their best to accommodate special dietary requests. However, for safety and liability reasons, MAVtravel and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. All scenarios and special dietary requests regarding food and drink, including allergies, or dietary requirements and restrictions, are the sole responsibility of the traveler. While most meal establishments can offer general options, MAVtravel cannot guarantee that options will be available. Just in case, MAVtravel recommends packing extra food/snacks if accommodations cannot be met.
26. HEALTH AND PERSONAL SAFETY
For the safety of our travelers, MAVtravel reserves the right to request health information prior to travel and to exclude any travelers it deems unfit for travel at its sole discretion.
27. PERSONAL CONDUCT
MAVtravel and its vendor partners reserve the right in its or their sole discretion to terminate any traveler who does not abide by its or their rules and regulations, and/or whose conduct is deemed to be such as to endanger the traveler, the welfare of other travelers, staff members and/or third parties or the success of the program. In the event of such termination, traveler will be required to leave the trip at the expense of the traveler. In the event of such termination, there will be no refund whatsoever.
When you book with MAVtravel, traveler accepts responsibility for any damage or loss caused by traveler. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other supplier. Traveler must indemnify MAVtravel for the full amount of any claim (also including legal costs) made against MAVtravel. Traveler agrees to and shall indemnify and hold harmless MAVtravel and each of our officers, directors, employees and agents, from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by MAVtravel (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from any traveler’s breach or violation, or threatened breach or violation, of this Agreement.
28. PHOTOGRAPHY ON TOUR
Unless an opt-out waiver is requested, all travelers assign permission to MAVtravel, and its photographer(s), to use the images in any media for any purpose (except pornographic, defamatory, libelous or otherwise unlawful) which may include, among others, advertising, promotion, marketing and packaging for any product or service. Images may be combined with other images, text and graphics, and cropped, altered or modified. All paid and complimentary travelers acknowledge and agree with consent to publication. Traveler’s retention of tickets, reservations, or bookings after issuance shall constitute consent to the above, as well as an agreement on traveler’s part to convey the contents hereof to his or her travel companions or group members.
29. ADDITIONAL RISK
Traveler expressly acknowledges that naturally occurring diseases and viruses (including, but not limited to, the currently widespread COVID-19) may be present and actively occurring in all environments in which this trip will take place. Traveler acknowledges the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact (however the exact method of spread remains unknown). Traveler also understands that if they are older or have underlying conditions, the traveler may be more prone to serious infection and death due to COVID-19. As a result of the highly infectious nature of this disease, federal, state, and local governments and federal and state health agencies recommend social distancing, wearing of PPE (including masks), and have, in many locations, prohibited the congregation of groups of people. MAVtravel may require the completion of a waiver(s) stating that the traveler understands and accepts the risk of traveling in such environments.
Traveler, any minors traveling with traveler, and on behalf of any traveler and their heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS MAVtravel LLC d/b/a MAVtravel (“MAVtravel”), its officers, agents, and/or employees, vendor partners, and other travelers (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY, DEATH OR ANY OTHER LOSS traveler may suffer due to exposure, infection, or spread of COVID- 19 or any other naturally occurring disease and virus, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
Traveler assumes all inherent risks involved in the use of any exercise equipment and/or swimming pool and/or any other body of water, which risks include, but are not limited to bodily injury, sickness, disease or death from using the exercise equipment, swimming pool or body of water. Travelers also acknowledge and understand that use of any exercise equipment, swimming pool or other body of water is potentially dangerous and that there exists a risk of injury or death when using any equipment, swimming pool or any other body of water. TRAVELER UNDERSTANDS THERE WILL BE NO LIFEGUARD ON DUTY AND IF THE TRAVELER CHOOSES TO SWIM OR USE A HOT TUB OR SPA, TRAVELER WILL DO SO AT THEIR OWN RISK.
Additional risks and dangers may arise including, but not limited to, hazards of travel by train, automobile, motorcoach, aircraft and other means of conveyance, animal interactions, swimming, forces of nature, political unrest, other unrest, risks associated with water, food, plants, insects and differing animal regulation, and acts of national and local governments and unrest and acts of others against governments. These risks are not an exhaustive list but are examples of many kinds of risks. Traveler is voluntarily participating in these activities with the knowledge that there are significant dangers involved, and traveler hereby agrees to accept any and all risks. As lawful consideration for the agreement with MAVtravel to participate in such trips and activities traveler agrees traveler will not make a claim against MAVtravel, its related companies or its personnel or sue for bodily injury, emotional trauma, death, property loss or damage or other loss, cost or expense, however caused, as a result of or related to traveler contracting for, traveling to or from, or in any and every other way participating in the trip. Traveler releases MAVtravel, its related companies and its personnel from any and all claims, known or unknown, arising from contracting for, traveling to or from, and in any and every way participating in a trip. This release of liability and assumption of risk agreement is entered into on behalf of you and all members of your family and party, also including minors. This Agreement also binds your heirs, legal representatives and assigns.
Where the traveler occupies a motorcoach seat fitted with a safety belt, neither MAVtravel nor the Operator nor its agents or co-operating organizations or service providers will be liable for any injury, illness or death or for any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of such an accident or incident. This exclusion and limitation of liability shall not be used to imply that the Operator or its agents or affiliated entities are liable in other circumstances.
30. ERRORS AND OMMISSIONS
While every effort is made to ensure the accuracy of information in our brochures, on our websites or communicated by our staff, errors and omissions are possible and MAVtravel is not responsible for such error. If a mistake is made in price and/or inclusion quoting or billing, we reserve the right to correct the invoice and you will be responsible for proper payment.
The laws of the State of Indiana govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in Johnson County, Indiana in all disputes arising out of or relating to travel bookings with MAVtravel.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Traveler and MAVtravel with respect to travel bookings made with MAVtravel by any means, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Traveler and MAVtravel with respect to communications with MAVtravel. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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