Responsibility & Limitations

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By engaging VIP Incentives (“Agent”) to arrange travel and/or vacation services, you acknowledge and agree as follows:
 

Agent acts solely as a booking agent for providers (“Providers”) of travel and vacation services, including, without limitation, cruises, ferries, boat travel, hotels, lodging, air travel, bus travel, train travel, motor coaches, car rentals, other transportation,  tours, charters, excursions, events, entertainment and similar activities, restaurants, meals, food service, and other accommodations, transportation, and/or other services (“Services”), and Agent is neither the source nor the provider of any Services. Each Provider is independent of and is not subject to the control of Agent. All Services are provided by the Provider thereof subject to such Provider’s own terms and conditions, which are generally contained in the tickets, itineraries, exchange orders or vouchers issued by such Provider, or on such Provider’s website. 
 

Since Agent acts only as a booking agent for Providers, and does not provide any Services itself or have any ability to control the acts, operations, methods, manners or practices of any Provider (Agent and each Provider being independent contractors and not agents, employees, servants, or joint venturers of or with each other), Agent shall not have, and you fully release Agent from, any liability or responsibility for any acts or omissions whatsoever of any Provider or any other party, or any consequence thereof, including, without limitation, any liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligence, willful acts, omissions or otherwise thereof, and whether based on contract, tort, strict liability or otherwise, including, without limitation, any personal injury, loss of life or property damage. Included in the foregoing are, without limitation, cancellations, diversions or substitution of equipment, variations, postponements, omissions and/or default by Providers, loss or damage to baggage or property. You further release Agent from all liabilities, suits, actions, losses, damages, and claims of any and all nature whatsoever (collectively, “Claims”) except and to the extent caused by Agent’s gross negligence or willfully wrongful acts.
 

For all purposes hereof, “Force Majeure” means any circumstances beyond the reasonable control of a party, including, without limitation, acts of God, explosion, flood, tempest,  fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, substandard local safety and/or other conditions, defects in equipment, machinery and/or vehicles, delay, wildlife, criminal acts of others, and weather conditions, including but not limited to the presence or absence of snow, sunshine, and/or rainfall, hurricanes and tropical storms, volcanic eruptions, ash clouds, and wind. Agent shall have no liability whatsoever for the results or consequences of any event of Force Majeure. THE PURCHASE OF TRAVEL PROTECTION IS HIGHLY RECOMMENDED ON ALL TRIPS. In the event of Force Majeure, Agent and/or any Providers shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement without refund. 
 

Some tours include visits to shops and merchants. Agent is not responsible for any purchases you make during your tour, whether or not that merchant is part of the scheduled itinerary.
 

Agent shall not be liable for damages caused by emotional distress, mental suffering or psychological injury of any kind, under any circumstances.

Agent shall not be liable for losses or expenses due to, lack of appropriate medical facilities or practitioners.  Any physical disabilities must be reported to Agent at the time of your reservation.  Participants who require extraordinary assistance must be accompanied by a helper who is entirely capable and totally responsible for providing the required assistance.  All health, medical or other personal services that may be provided, if any, are provided solely for the convenience and benefit of patients who may be charged for such services. You accept and use medicine, medical treatment and other personal services, if available, at your sole risk and expense without liability or responsibility of Agent whatsoever. Doctors, nurses or other medical or service personnel work directly for patients and shall not be considered to be acting under the control or supervision of Agent. Similarly, and without limitation, all spa personnel, photographers, instructors, guest lecturers and entertainers and other service personnel shall be considered independent contractors who work directly for the participant. 
 

Agent makes no guaranty, representation or warranty, either express or implied, and disclaims the same, whether arising by law or otherwise, including without limitation any implied warranty of merchantability of fitness for a particular purpose, or any implied warranty arising from course of performance, course of dealing, usage or trade, regarding the suitability, safety, insurance or other aspects of any Provider or Service, or any other matter whatsoever. Agent shall not be liable for any Claim except to the extent due to Agent’s own gross negligence or wilful misconduct.
 

In no event shall Agent be liable for any punitive, special, consequential, incidental or indirect damages, or any other damages other than compensatory damages. Specifically, and without limitation we shall not be liable for any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages. Notwithstanding the foregoing, Agent’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to Agent for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.
 

Agent may make changes to or cancel any itinerary based on Force Majeure or whenever, in its sole judgment, conditions warrant, or if Agent deems it necessary for the comfort, convenience, or safety of participants. Should revision of itinerary or features become necessary or additional taxes or surcharges be imposed, any additional expense is the obligation of the tour participant.  You acknowledge and agree that the price quoted for any Service is based upon prices provided by Providers, and should the price for any Service be increased, such increase will be passed on to and assumed by you.  However, Agent may not be aware of destination conditions, and whether or not Agent is aware thereof, and whether or not Agent advises you thereof, shall be solely responsible for and you accept the risks involved in travel, both foreign and domestic, and accept responsibility for your own travel decisions.  Guests may be required to review and sign a participation agreement prior to engaging in certain activities.
 

While every effort is made to ensure the accuracy of information in Agent’s brochures, on its website or communicated by its reservation staff, errors or omissions are possible and Agent is not responsible for any such error. If a mistake is made in billing, Agent reserves the right to correct the invoice and you will be responsible for proper payment.
 

Agent reserves the right to decline to accept any person and/or expel any person as a member of any tour or activity, or to require any participant to withdraw from any tour or activity at any time, when such action is determined by the Agent or any tour manager to be in the best interests of the group or the individual participant. Parties traveling with children are solely responsible for their behaviour and monitoring them at all times. 
 

All services and accommodations that you receive during your tour are subject to the laws of the country in which they are provided. 
 

Agent’s liability for loss or damage to baggage or personal property is limited to U.S. $500 per bag. You shall not bring with you any tools of trade, household goods, fragile or valuable items, precious metals, jewellery, documents, negotiable instruments or other valuables, including but not limited to those specified in Section 30503 of Title 46 of the United States Code. You release Agent from all liability whatsoever for loss of or damage to such items. You shall keep valuables, irreplaceable items and medicines in your possession at all times and shall not to pack such items in baggage or suitcases handled by others. Agent shall not be liable for any loss, theft or damage to valuables left unattended in your hotel room, on any bus or other mode of transportation or any facility or location, nor for any valuables lost, damaged or stolen. Valuables include but are not limited to cash, jewellery, electronic devices (including laptops and tablets), cameras, cellular phones, medical equipment/devices, eye wear and medications. Agent shall also have the benefit of all the statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including but not limited to Title 46 of the United States Code sections 30501 through 30509, and 305011. Nothing contained herein shall limit or deprive Agent of the benefit of the applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liability. On cruises where the passenger commences the cruise by embarkation or disembarks at the end of the cruise in a port of a European Union Member State, Agent’s liability shall also be limited as provide under EU Regulation 392/2009 for personal injury or death of a passenger. The international carriage of passengers is subject to international conventions and treaties, where applicable. These international agreements limit and, in some events, exclude the carrier’s liability to passengers (vacation participants). Where any claim or part of a claim (including those involving death or personal injury) concerns or involves any travel arrangements (including the process of getting on or off the transport concerned) provided by any air, sea, inland waterways, rail or road carrier, or any stay in a hotel, the Agent’s maximum liability is the maximum that would be payable by the carrier or the hotel keeper concerned under the applicable international convention, treaty, or regulation applicable to the travel arrangements or hotel stay (e.g., the Warsaw Convention, the Montréal Convention for international travel by air, the EU Regulation on Air Carrier Liability for air carriers with an operating license granted by an EU country, the Athens Convention for international travel by sea) in that situation.
 

Any dispute between the you and Agent, directly or indirectly relating to these Terms & Conditions and/or the vacation undertaken, shall be first submitted to mediation in Salt Lake City, UT before a mediator mutually agreed to by the parties, with the cost thereof equally shared. If mediation is not successful, then the dispute shall be resolved by binding arbitration under Utah law. Such arbitration shall be invoked in writing under the laws of the State of Utah within a period of twelve months following the date of completion of the vacation and not later, or all legal action related thereto shall be forever barred. The governing and substantive law for the Arbitration proceedings shall be laws of the State of Utah, USA. The prevailing party in any arbitration or other legal action, if allowed, shall be entitled to an award of costs and reasonable attorneys’ fees. Any action to enforce the arbitrator’s decision shall be brought only and exclusively in the state or federal courts in the State of Utah, USA. These Terms & Conditions shall be governed and interpreted pursuant to the laws of the state of Utah and, to the extent judicial action may be permitted, the federal and state courts in Utah shall have exclusive and sole jurisdiction over any dispute, controversy or suit arising relative to these Terms & Conditions. You and Agent and hereby waive the right to a trial by jury.
 

No person, other than a representative of Agent authorized in writing, is authorized to vary, add, or waive any term or condition contained herein, on Agent’s website, in Agent’s brochures, or in any other promotion material or media of Agent. Agent is not responsible, and will not be bound by, representations made by any third-party representatives, travel agents, unaffiliated websites, Provider or any other party.
 

Agent may use any photograph or other likenesses of you as well as any comments that you submit as a review or post in social media for Agent’s promotional purposes. Agent reserves the right to modify these terms and conditions at any time, without notice.
 

In the event that any clause in these Terms & Conditions is determined to be invalid, the remaining provisions shall be valid and enforceable, and the invalid provision shall be replaced by a clause as similar as legally permitted.
 

All references herein to you, Agent and any Provider shall include, as applicable, your/Agent’s/such Provider’s affiliated entities, employees, agents, shareholders, officers, members, successors, assigns, personal representative and estates. 

Program inclusions are subject to change depending on availability, or at the discretion of Agent, with pricing based on a minimum number of guests as provided in trip information. By accepting services from VIP Incentives, Inc. (“VIP”), you acknowledge that you have read the Terms & Conditions found on VIP’s website at the following link, www.vipincentives.com/terms, and that you agree that such Terms & Conditions form part of a contract between you and VIP, that you fully understand such Terms & Conditions, and that you are fully bound thereby. Pricing is based on the euro currency exchange rate at time of brochure printing. If currency exchange rates increase by 5%, VIP reserves the right to adjust package pricing. By reserving this trip, traveler agrees to adhere to and abide by COVID-19 protocols as mandated by local authorities and travel suppliers.

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