Terms and Conditions

YOUR AGREEMENT WITH DESTIFY

Welcome to Destify! Our goal is to make your next trip as easy to plan as it is to enjoy. The terms “we”, “us”, “our”, and “Destify” refer to Destify., an Illinois corporation. The term “you”, “guest”, “traveler” or “participant” refers to the person making a booking with us and all members of their group.

CONTRACT. We draw your attention to the terms and conditions of travel herein, which include all brochures, documents, correspondence, and the terms and conditions of our Suppliers (as herein defined) and form the basis of our legally binding contract with you (“Terms and Conditions”). Before making a booking with us, you must ensure that you have read and understood these Terms and Conditions (and ask any questions you may have). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all of the Terms and Conditions laid out below and acknowledging that you have read the Terms and Conditions of this legally binding agreement and agree with it. If you do not agree with any part of these Terms and Conditions, including the cancellation or chargeback sections, you must not make a booking with us or pay us in connection with our travel-related services.

If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. Destify will not be liable for a group leader’s failure to share these Terms and Conditions with all travelers in their group.

You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (c) the information supplied by you, or members of your group is true and correct.

VIOLATIONS BY YOU. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) your being denied access to the applicable travel related product or service.

CHANGES TO THESE TERMS AND CONDITIONS. Destify reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will be posted here on this website and are effective immediately on posting. The current terms will apply to your booking. You must therefore be familiar with the terms in effect at the time you book. Your continued use of our services, including continuing to use or maintain any bookings after any changes to these Terms and Conditions, constitutes your consent to any changes.

SCOPE/AGENCY. Destify does not provide, own, manage, operate, supervise or control the travel services and products that are or may be provided as part of your trip, such as flights, accommodations, cruise, rental cars, packages, or travel insurance (the “Travel Products”). All Travel Products are owned, controlled, operated, or made available by vetted, independent third parties such as destination management companies, airlines, hotels, cruise lines, and tour operators (the “Suppliers”). The Suppliers are solely responsible for the Travel Products as well as any and all benefits, perks, or amenities, including without limitation, resort credits, on-board credits, free specialty dining, spa credits, in-room amenities, etc. The Supplier’s terms, conditions and privacy policies apply to your booking so you must agree to and understand those terms. Your interaction with any Supplier is at your own risk; Destify does not bear any responsibility should anything go wrong with your booking or during your travel. Hence, as the traveler, you agree that Destify acts only as agent for the traveler in acquiring transportation, hotel accommodations, cruises, sightseeing and other Travel Products, privileges or services for the travelers’ benefit, and on the express condition that Destify shall not be responsible for any act, omission, negligence, bankruptcy, insolvency or default of any Supplier, company or person engaged in or responsible for any Travel Products, or otherwise in connection therewith. Please review all documents, including the cancellation policies and terms and conditions of the Suppliers, carefully and promptly as we will not be responsible for any errors.

BOOKING/PAYMENT; SERVICE FEES. When you are ready to start your next travel adventure simply contact us for a complimentary consultation either by email, phone or by filling out the contact information on the website at https://destify.com/contact-us/. Together, we will discuss your travel wants and needs. Our itineraries take many hours of planning and work to create the unique experience we aim to give our travelers. Your booking will be confirmed following our receipt of your completed Rooming Information Form, a signed Credit Card Authorization Form and the applicable NON-REFUNDABLE and non-transferable deposit per person (which varies depending on the nature of your trip and the Suppliers involved, but shall not be less than $150 per person). Once received by Destify, all deposits are NON-REFUNDABLE. In the case of group bookings, additional deposit requirements may apply. Each deposit and/or payment charged will receive a receipt emailed to the email address you provided. It is the traveler’s responsibility to access and review all travel information including your final itinerary and invoice with payment information as detailed below. The invoice is subject to change until you receive confirmation that your travel is booked. Some Suppliers will require a larger deposit, or payment in full, to hold your booking and you will be notified of the amount required. All payments must be made in U.S. Dollars.

Our bookings may include airfare, and if they do, said airfare will be expressly described in your itinerary. If we assist with booking airfare reservations, Destify reserves the right in its sole discretion to issue scheduled airline tickets only once the booking is under applicable deposit. If we do not assist with airfare reservations, you must not make any air reservation until you receive confirmation of your booking. Your contract for airfare is with the carrier and subject to its terms, conditions and policies and we will not be liable for any change fees or cancellation fees or other additional cost you incur with the air carrier.

Following your approval of the final itinerary and after your booking is processed, we will provide you with instructions for payments and all due dates. You must make all payments in full and on time. If you are booking within 65 days of the departure date, full and final payment will be due at the time of booking confirmation. Failure to make any payment, including the balance that is due by the final payment due date, may result in the cancellation of your travel. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect. Traveler understands that discounted fares typically involve restrictions and that changing any aspect of the travel arrangements may result in the payment of additional monies in order to accomplish said changes. Any and all fees relating to our travel planning services (collectively, “Service Fees”), if any, are NON-REFUNDABLE and must be received in full by Destify before any proposal or itinerary is presented.

Please review all correspondence and documents, as well as any information submitted by you, through our website dashboard, carefully as we will not be responsible for any errors in names and other personal information in connection with your travel documents. It is your responsibility to review all travel documentation and alert us as soon as possible within 48 hours of any corrections.

AIR RESERVATIONS. Your dedicated travel team will be able to confirm the latest flight details at the time of your booking. Your contract for airfare is with the air carrier, inclusive of domestic, international and charter flights, and subject to its terms, conditions and policies and we will not be liable for any fees or expenses, including without limitation, change fees, cancellation fees or any other additional costs you incur with the air carrier. Your flight tickets, which we dispatch when your booking is paid in full, or your electronic documents, will contain your flight information. All times are subject to change. It is your responsibility to reconfirm your flight times as recommended herein. Destify assumes no responsibility for any passengers making independent connections to your flights booked through Destify. For charter trips/flights, please be aware the charter operator can legally change, with limited notice, departure times up to forty-eight (48) hours, and flights advertised as non-stop may be changed to make intermediate stops. Suppliers can substitute types of aircraft and even airlines and are generally not responsible for baggage delays/losses and have very stiff cancellation penalties. In addition, frequent flyer miles may or may not be accrued and advance seat assignments are frequently not available. Destify is not responsible or liable for any costs incurred with changes resulting from any flights.

TRAVELER INFORMATION. Names provided to secure reservations must match travelers’ respective passports. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. Please review documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible with any corrections.

CREDIT CARD BOOKINGS. Payments can be made via major credit cards including Visa, Mastercard, American Express and Discover and travelers must provide to us a click (checkbox) or an authorization for every transaction for your trip. Your authorization is a legally binding agreement for us and/or the Supplier to charge your card and an acknowledgement and agreement to these Terms and Conditions including the cancellation terms. Additionally, you agree not to make any improper chargebacks.

In certain cases, you can dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. Destify retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees, related to improper chargebacks and to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut the chargeback claims below, including without limitation: (i) chargebacks resulting from non-cancellable reservations, whether or not the reservation is used; (ii) chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card (this does not include credit card fraud); (iii) chargebacks arising from inconsistency or inaccuracy with regard to the Supplier’s product description; (iv) chargebacks resulting from force majeure or other circumstances that are beyond the control of Destify or the Supplier; (v) chargebacks resulting because you do not agree with the cancellation policy; (vi) chargebacks resulting because you were not provided with an itemized breakdown of costs in connection with your trip, or (vii) chargebacks resulting because you were not provided with an itemized breakdown of costs in connection with your trip.

PRICE AND RATE CHANGES. The price listed in your proposal will be based on known costs at the date of issue of the proposal. All prices and features described herein, including in Destify advertisements and websites, are accurate at the date issued, but we reserve the right to change, without notice, any of those prices from time to time as the Suppliers adjust the prices. Prices that include costs for fuel and local taxes that are estimated at the date of issue and are subject to change. At the time of booking confirmation, we will provide you with an invoice reflecting the current price and particular inclusions. We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.

Upon payment of your deposit, as required, and any Service Fees, and confirmation of your booking, your price will be locked in with the exception of any increases or decreases resulting from fuel, airport charges, scheduled air fares and other transportation-related charges which form part of your contract with the Supplier, dues or taxes payable locally, currency fluctuations and government action, any other airline surcharges, taxes, port fees, or fees payable for services. We reserve the right to add a supplement to your travel prices if our costs to supply your travel increase and will forward a new invoice reflecting any changes made. Subject to the foregoing, after final payment your price is locked in.

CHANGES AND CANCELLATION. Please note that any bookings made outside of your original booking dates for any reason whatsoever, including force majeure, are considered a cancellation by you and rebooking penalties as outlined below will apply. Cancellation of travel must be made in writing at guestservices@destify.com and is effective from the date we receive the written notification. Any and all deposits and/or Service Fees paid to us prior to cancellation are always NON-REFUNDABLE. All Suppliers have their own cancellation policies, which apply to your booking, and may involve additional charges or fees to you. Upon receipt of your cancellation request we will contact the Suppliers for any applicable refunds subject to the Supplier’s terms and conditions. If you are entitled to a refund, please note that the Supplier is solely responsible for this refund, not Destify. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible under any circumstances for a Supplier’s failure to pay a refund or issue a voucher or credit in lieu of a refund, or for Supplier bankruptcy or insolvency. Airline tickets are governed by the applicable air carrier’s terms, conditions, and policies, and we are not responsible for any air carrier’s decision regarding refund. All refunds, where applicable, are solely contingent upon our receiving funds from Suppliers and while we will use commercially reasonable efforts to facilitate the Supplier providing you with a refund, credit or voucher, we cannot guarantee the same.

Traveler understands and acknowledges that any refunds shall only be made to the original form of payment, and this shall serve as a full and final settlement with regard to any money owed to the traveler. By accepting a refund, Traveler releases Destify, its owners, agents, employees and representatives, from any future demands and/or claims whether in tort, contract, or any other form, and agrees that Destify has no further liability to traveler. Further, you acknowledge that you are purchasing your trip in U.S. Dollars and thus any refunds or credits given at any point after the time of purchase shall be in U.S. Dollars.

In the event of a cancellation by you, Destify’s own cancellation penalties will apply as described below, and are in addition to any fees or charges imposed by Suppliers, who often require strict payment deadlines.

Days Before Departure We Receive Notice of Cancellation	Destify’s Cancellation Penalty (Per Person)
More than 30 days	Destify will refund payments received from traveler minus the NON-REFUNDABLE deposit and any fees or charges imposed by applicable Suppliers
30 days or less	All payments are NON-REFUNDABLE; no refunds

Changes by Traveler

While we will make every effort to accommodate your change requests, requests made within fourteen (14) days of travel may not be guaranteed and may incur additional costs, which will be the traveler’s sole and absolute responsibility to cover, including any costs to process said changes. Any adjustments, if approved, will also be subject to the prevailing rates at the time of the change. Subject to the foregoing, any changes to travel dates, destinations, or other trip details, including but not limited to, changes in room occupancy, may be considered cancellations and can require a new booking, and/or be subject to additional fees, at the Supplier’s and/or Destify’s sole discretion.

CHANGES AND CANCELLATION BY THE DESTIFY AND/OR SUPPLIER. Destify will inform you as soon as reasonably possible if a Supplier needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier, but we will have no further liability to you.

If between planning time and/or during actual travel, circumstances require changes, Destify and its Suppliers reserve the right to cancel or vary any itinerary and substitute components of any trip, including but not limited to air schedule or surface transportation changes (e.g., drivers and guides), security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on a trip. During local or national holidays or special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. Destify cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the traveler. Normal cancellation penalties still apply to the trip that has been changed.

NO REFUND FOR UNUSED ARRANGEMENTS. As Destify’s prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while your trip is in progress, there is no refund for the unused portion. In addition, if you arrive late to any part of the trip, all costs required to reach and join the activity in progress, will be at your own expense.

FORCE MAJEURE. Destify assumes no liability for any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, or any other acts of a similar nature, sabotage, cybersecurity issues and/or technology outages or disruptions, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics (including, without limitation, COVID-19), or warnings or alerts of any kind of nature, government seizures, 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, or any other unforeseen circumstances or any other factors unforeseen by Destify that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions (“force majeure”). In circumstances amounting to force majeure, we will not be required to refund any money to you, although if (and only if) we can recover any monies from our Suppliers (it being under no obligation to do so), we will refund these to you without any charge by Destify. Any and all deposits and/or Service Fees are always NON-REFUNDABLE.

TRAVEL PROTECTION/INSURANCE. Travel Protection Coverage is NOT included in the cost of your trip. It is the traveler’s responsibility to protect their purchases. For this reason, Travel Protection/Insurance Coverage including additional Cancel For Any Reason coverage is strongly recommended. Such plans should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage insurance. Travel protection/insurance plans can help protect you in the event of loss of NON-REFUNDABLE trip deposits and any other payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for costs related to, and not limited to, medical emergencies (including costly medical evacuation and repatriation costs), delayed or missed connections and baggage delay/loss. Travel protection/insurance plans including ‘Cancel For Any Reason’ coverage should be purchased in close conjunction with your travel purchase.

Destify is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel coverage plans. Destify cannot evaluate the adequacy of the prospective insured’s existing insurance coverage and cannot guarantee that any insurance provider will approve coverage for a claim made under the insurer’s policy and makes no representations about the extent of coverage for any policy it may offer or quote. Any and all cancellation fees will not be accepted as part of your claim. If you have any questions about your travel protection, call your insurer or insurance agent or broker. If you choose to travel without adequate insurance coverage, Destify will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.

DESTINATIONS AND DOCUMENTATION. Travel to certain destinations may involve greater risk than others. Destify urges travelers to remain informed daily as to current news, 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 conditions in various countries and the level of risk associated with travel to destinations can be found at https://travel.state.gov/content/travel.html and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including without limitation any COVID-19 or medical insurance requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. A U.S. State Department list of travel advisories is available at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/. Should you choose to travel to a country that has been issued a travel warning or advisory, Destify will not be liable for damages or losses that result from travel to such destinations.

It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. When travelling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/traveler-information/acceptable-ids. Air travelers with identification (ID) that does not meet the REAL ID ACT requirements will have to use alternate ID forms (passport, military ID, or permanent resident card) to pass TSA security checkpoints—even for domestic travel. Visas are required when they apply. You can find out if your international destination requires a visa at https://www.usa.gov/visas-citizens-traveling-abroad. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation and for any entry (reciprocity) fees and/or departure taxes/ exit fees which may be collected at the airports upon entry/departure by local government authorities. Destify strongly recommends that you consider that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry and many countries require a minimum number of blank pages in your passport book. For information about passport requirements, you can visit https://travel.state.gov/content/travel/en/passports.html. Non-USA citizens may require additional documentation. Children and infants also require all such 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 visit www.travel.state.gov or https://www.dhs.gov/real-id for the most updated requirements for travel documentation.

Certain countries restrict travelers with criminal convictions, even if expunged. Please inform us prior to booking with us if this applies to you and seek separate legal counsel to confirm your ability to travel to your desired destination. If you are denied access to a country or a Supplier due to a conviction, Destify shall not be liable for any losses, expenses, or refunds to you or anyone in your group. In addition, recommended inoculations and vaccinations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations and vaccinations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.

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 trips. Destify bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry. Destify cannot be held responsible for denied entry if a traveler is unable to provide such details to authorities of insurance or denial of entry for any reason.

NON-RESPONSIBILITY. Destify and its Representatives use third party Suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this trip. Destify is an independent contractor and is not a Representative of any of these Suppliers. Destify does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your trip. All Suppliers are independent contractors and are not Representatives of Destify. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each Supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither Destify, nor its Representatives are or may be liable for any loss, injury, or damage to any trip traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Destify including any injury or damages you may suffer in connection with your air or ground transportation or as a result of any third-party providers or healthcare professionals seeking to assist with medical or other help and we are not liable for any costs or missed activities in relation to said assistance. Destify assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; Destify assumes no responsibility or liability for personal property; and Destify shall be relieved of any obligations under these Terms and Conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Destify accepts no responsibility for lost or stolen items. Destify reserves the right to refuse any traveler or potential traveler at its sole discretion.

ASSUMPTION OF RISK/WAIVER. Traveler is aware that travel to such area as traveler is undertaking on the trip may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor and conveyance vehicle collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, Destify and its Representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, illnesses caused by COVID-19 (or other pandemics, diseases, viruses, etc.), physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.

Traveler understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip and in consideration of the services provided by Destify, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of Destify and agrees to and shall hold harmless and fully release Destify, and its employees, shareholders, agents, and representatives (“Representatives”) from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of Destify and/or its Representatives, and traveler hereby covenants not to sue Destify and/or its Representatives for any such claims or join any lawsuit or action that is suing Destify. This agreement also binds your heirs, legal representatives, and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.

INDEMNIFICATION. Traveler agrees to and shall indemnify and hold harmless Destify and its Representatives from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Destify or its Representatives (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: (i) your breach or violation, or threatened breach or violation, of these Terms and Conditions; (ii) any of your acts or omissions, including any damage caused by you to persons or property while participating in the trip; (iii) any force majeure or inherent risk of travel; or (iv) claims brought by third parties in connection with any of the foregoing. The terms of this INDEMNIFICATION paragraph shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.

RE-CONFIRM FLIGHT/BAGGAGE FEES/INSECTICIDE NOTICE. Destify advises you personally to re-confirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure. It is recommended that you arrive at the airport a minimum of two (2) hours prior to departure for domestic flights, and three (3) hours for international flights.

Please be aware that when you fly to and from your destination the Conditions of Carriage apply, some of which limit or exclude liability. The Conditions of Carriage are available by requesting them in writing from the carrier or by request at the airport. In addition, due to continual changes in airline baggage policies, it is suggested that you inquire with your airline’s website for up-to-date fees and information. Destify is not responsible for additional fees incurred for baggage or seating. The Department of Transportation along with the Federal Aviation Administration outline which materials are hazardous to carry in your baggage. More detailed information on this is available at https://www.tsa.gov/travel/security-screening/whatcanibring/all. Travelers are also encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s website, as this list is updated from time to time: https://www.transportation.gov/airconsumer/spray

HEALTH/PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES. For the safety of our guests, Destify reserves the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion. It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Destify will communicate requests to Suppliers but cannot be responsible if Americans with Disabilities Act (ADA) accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act (ADA) and may not have wheelchair accessibility. Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify Destify at the time of booking of the status and identity of their non-discounted, fully paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.

If you are pregnant or expecting at or around the time of your planned travels, please inform us prior to booking. Some Suppliers will not permit travel past certain gestational periods for your safety and the safety of your child/ren. If you become pregnant after booking with us, please consult with a doctor and review the Supplier terms and conditions as they relate to your booking to determine whether you will be permitted or prevented from traveling. If you are denied boarding embarkation, or access to a Supplier due to a pregnancy, Destify shall not be liable for any losses, expenses, or refunds resulting from such loss in access for you or anyone in your group.

YOUR BEHAVIOR. Each traveler in any trip planned by Destify is expected to act responsibly and adhere to all behavior guidelines established by our Suppliers. All Suppliers reserve the right to remove you from any facility, hotel or resort property, tour location or means of transportation if your health or your conduct appears to endanger yourself or others, disrupts the general well-being of other individuals on any element of your trip, or interferes with the operation or security of the places we visit. In any such case, there will be no refund. When you book with Destify, you accept responsibility for any damage or loss caused by you or your group. 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. You must indemnify us for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a trip, or any portion of a trip. You agree not to hold Destify or any of its related entities liable for any actions taken under these terms and conditions. Baggage and personal effects are at all times the sole responsibility of the traveler.

PHOTOGRAPHIC/VIDEO LIKENESS. Traveler hereby gives consent and grants to Destify a royalty-free, perpetual, and irrevocable license to publish any testimonials, reviews, photographs and/or videos of the trip or traveler in any form of media without obtaining further consent and without compensation, solely for the purposes of marketing our trips. Each traveler releases Destify and its Representatives from any liability in connection with any use of such photographs and/or video.

GOVERNING LAW/VENUE/JURY WAIVER. These Terms and Conditions and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Illinois exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Illinois. You agree that you will only bring claims against Destify in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Destify shall not in any case be liable for other than compensatory damages, and your payment of any deposit or fees on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. The prevailing party in either case shall be entitled to recovery for all costs of litigation and reasonable attorneys’ fees and costs.

CLASS ACTION WAIVER/NOTICE OF CLAIM /LIMITATION OF DAMAGES. If you have any questions or concerns regarding these Terms and Conditions, please contact us at: Destify Legal Department, 24 E. Washington Street, Suite 875, Chicago, IL, 60602, or email at support@destify.com. You agree that you will only bring claims against Destify in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Destify shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Destify unless you have first provided a written notice of claim to Destify within 30 days after the trip or cancellation of the trip, further provided that you agree to file suit within one (1) year of the incident and you acknowledge that this expressly limits the applicable statute of limitations to one (1) year. Notwithstanding the foregoing, in no event shall Destify’s liability to you (or any member of your traveling party, or your/their heirs, successors and assigns), from any cause of action (whether in contract, tort, indemnity, equity, or otherwise), exceed the amounts paid to Destify for the services Destify performed and provided to you in connection with these Terms and Conditions, and this is your sole and exclusive remedy for a breach of these Terms and Conditions by Destify.

ELECTRONIC COMMUNICATIONS. You have a committed team by your side every step of the way. From check-in to check-out, you will have direct access to the Destify team for us to handle anything you may need assistance with remotely while on vacation. We may check in with you via email and/or text message before, during and after your trip to ensure everything runs smoothly. You consent to receive electronic communications, and you agree that all documents, notices, disclosures, and other communications that we provide to you electronically, via email or through text, satisfy any legal requirement that such communications be in writing.

MISCELLANEOUS. These Terms and Conditions, including the terms and conditions of our Suppliers, and any other documents, including invoices, that we provide you constitutes the entire agreement, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Destify. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Failure by us to exercise or enforce any right or provision of these legally binding Terms and Conditions shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. The provisions of these Terms and Conditions which by their nature extend beyond termination or expiration of these Terms and Conditions (whether by operation of law or otherwise) shall survive the expiration or termination of these Terms and Conditions to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate. These Terms and Conditions shall be written in, and all other communication under or in connection with these Terms and Conditions shall be in, the English language. Any translation into any other language shall not be an official version thereof, and in the event of any conflict in the interpretation between the English version and such translation, the English version shall control.

CONTACT US. Destify welcomes your questions or comments regarding your trip:

Destify

24 E. Washington St.

Suite 875

Chicago, IL 60602

Phone: 1-800-792-6898

Email: guestservices@destify.com

SELLER OF TRAVEL

State of Iowa #1190

State of California #2117614-40

State of Florida #39458

State of Washington #603591447

RULES FOR USING THE SERVICE

1. PROTECTION OF INTELLECTUAL CONTENT

Our Services contain copyrighted material, inventions, know-how, potentially patentable business method material, design logos, phrases, names, logos, HTML code and/or other computer code and/or scripts (collectively, “Intellectual Property Content”). Unless otherwise indicated and/or provided pursuant to a third-party license, our Intellectual Property Content is our sole property, and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the “look,” “feel,” “appearance” and “graphic function” of this Services, including but not limited to its color combinations, sounds, layouts and designs.

You may use the Services (including any content and materials included on the Services) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Services unless explicitly authorized in these Terms. You may not frame or link to the Services without our prior written permission.

The Services contain trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the “Marks”) owned or licensed for use by us, including but not limited to, TRAVEL ZAP, DESTIFY. Unless otherwise agreed to in writing, you agree that no right, property, license, permission, or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance, or non-performance of the Terms or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of the Terms and thereafter. You shall not utilize the Marks or any similar marks in any manner that would diminish their value or harm their reputation.

You shall not use or register any domain name, trademark, or service mark that is identical to or similar to any of the Marks.

2. CONTENT SUBMITTED BY USERS

The Services may offer Users the opportunity to submit or post information to the Services, and to share information with other Users through message boards, Vendor advertisements and listings, and other means. You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information.

Any information submitted to the Services through any means is “Submitted Content.”

By posting Submitted Content, you expressly represent and warrant the following: (i) you are the owner, with all appurtenant rights thereto, of any and all Submitted Content; or (ii) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce, and distribute Submitted Content. You further represent and warrant that all persons and entities connected with the Submitted Content, and all other persons and entities whose names, voices, photographs, likenesses, works, services, and materials have been used in the Submitted Content or its exploitation, have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Submitted Content and the rights granted herein.

Users are solely responsible for their Submitted Content. We do not control the Submitted Content of Users. We are not a publisher of Submitted Content and we are not responsible for its accuracy or legality. You assume legal responsibility for and will indemnify us from all liabilities, losses, or damages incurred as a result of any of your Submitted Content.

3. OUR LICENSE TO SUBMITTED CONTENT

By posting Submitted Content to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty-free, worldwide license (with the right to sublicense at multiple levels) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Submitted Content for any purpose and in any format on or in connection with the Services, our business, or the promotion thereof, to prepare derivative works of, or incorporate such Submitted Content into other works, and to grant and authorize sublicenses of the foregoing. Additionally, by providing Submitted Content, you authorize us to use the names, voices, photographs, likenesses, performances, and biographical data included in or associated with any Submitted Content in connection with the advertising, promotion, trade and other exploitation of the Submitted Content and the rights granted herein. You acknowledge that we may retain archived copies of your Submitted Content and may continue to use your Submitted Content in connection with any materials that were created prior to your removal of your Submitted Content, in accordance with the license described above.

We always want to receive messages and feedback from our Users and welcome any comments regarding the Services. Any ideas, suggestions, comments or proposals you send to us (collectively, “Submissions”) are entirely voluntary and we will be free to use such Submissions as we see fit and without any obligation or compensation to you.

4. RULE REGARDING SUBMITTING CONTENT

By using our Services, you agree not to post any Submitted Content that you know is incorrect or not current.

You further agree not to post Submitted Content or take any action that:

May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person or any animal;
Is fraudulent, vulgar, obscene, unlawful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, is sexually or otherwise harassing or menacing, high-pressure sales tactics, humiliating to other people (publicly or otherwise), libelous, threatening, highly coercive, profane, or otherwise harmful to any Users or in any way violates the Nondiscrimination Policy set forth herein;
Creates liability for us in any manner whatsoever;
Violates or possibly causes us to violate any applicable law, statute, ordinance or regulation or encourages criminal conduct;
Scans or tests the vulnerability or security of our Services or the system within which it operates or involves the upload, or insertion of, any programming language or code into or onto, our Services;
Contains your personal information that you do not wish to be made public or to be displayed in accordance with the applicable settings that you indicate, or that contains another person’s personal information or otherwise invades another’s privacy;
Contains any information (such as insider, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law;
Advertises the products or services of others or contains links to third-party web sites or solicits business for products or services other than those that are offered and promoted on the Services
Contains any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our Services or our systems and or create or impose a large burden or load on our Services or systems; or
Infringes any third party’s intellectual property rights including but not limited to copyright, patent or trademark right.

We reserve the right, but do not have the obligation to monitor, remove, or restrict any Submitted Content for any reason, including, without limitation, that your Submitted Content is in violation of these Terms or is otherwise inappropriate, as determined in our sole discretion.

You agree that any action or inaction by us or any of our directors, officers, shareholders, parents, subsidiaries, employees, consultants, affiliates, partners, or representatives (collectively, our “Representatives”) to prevent, restrict, redress, or regulate Submitted Content, or to implement other enforcement measures against any Submitted Content, is undertaken voluntarily and in good faith. Our Representatives may moderate Submitted Content, conduct, and compliance with these Terms at our discretion but they do not have any authority to make binding commitments, promises or representations on our behalf.

You expressly agree that Our Representatives and anyone else authorized to act on our behalf shall in no circumstances be liable as a result of any representation that we would or would not restrict or redress any Submitted Content, conduct or potential or purported violation of the Terms.

5. CLAIMS OF COPYRIGHT INFRINGEMENT – DMCA NOTICE

We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials from the Services by submitting written notification to our Copyright Agent (designated below).

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Completed notices should be sent by email to: support@destify.com or by mail at: Destify, Attn: Legal Department, 24 E. Washington St. Suite 875, Chicago, IL, 60602.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.
Completed Counter-Notices should be sent by email to: support@destify.com or by mail to:

Destify, Attn: Legal Department, 24 E. Washington St. Suite 875, Chicago, IL, 60602

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. If you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Assumption of Risk

Traveler is aware their travel may involve hazardous activities, some in remote areas of the world. Inherent hazards and risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other guests, DESTIFY’s employees, and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any employees of DESTIFY or their third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.

Travelers understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this Trip traveler is willing to accept the risks and uncertainty involved as being an integral part of travel. Traveler hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of DESTIFY and agree to and shall hold harmless and fully release DESTIFY from any and all claims associated with the Trip, including any claims of third party negligence and you hereby covenant not to sue DESTIFY for any such claims or join any lawsuit or action that is suing DESTIFY.

FORUM SELECTION

The exclusive forum for any dispute or litigation relating to The Agreement shall be the Circuit Court of Cook County, Illinois. You irrevocably consent to the exclusive personal jurisdiction of that court for the purposes of litigating any dispute concerning this transaction or this Agreement. You further agree that Illinois substantive law, without regard to choice-of-law principles, will govern any dispute between us. You agree that you will only bring claims against DESTIFY in your individual capacity and not as a plaintiff or class member in purported class action or representative proceeding. DESTIFY shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a tour means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against DESTIFY unless you have first provided a typewritten notice of claim to DESTIFY within 30 days after the trip or cancellation of the trip.

SEVERABILITY

If any term or provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining terms or provisions will not be impaired thereby.