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. When booking your vacation with us, we ask that you please read the following terms and conditions of travel carefully. These terms and conditions contain important legal obligations that you make including a waiver of liability and waiver of a class action lawsuit. These terms and conditions together with the terms and conditions of the suppliers and any other documents we provide (All together “The Agreement”) form the basis of your agreement with us. By making a booking with us you are agreeing to be bound by The Agreement. If you do not agree with any of the terms of The Agreement, you should not make a booking with us.
If you are making a booking on behalf of any group as the group leader, you agree to be financially responsible for the group. You also agree that you are responsible for sharing The Agreement including these terms with all of the members of your group. We will not be responsible if the group leader fails to share The Agreement, including these terms with the members of the group. The group leader is also responsible for providing accurate information with regard to all travelers in the group.
The terms “we”, “us”, “our” and DESTIFY refer to DESTIFY. The terms “you” and “traveler” refer to the group and the individual traveler. The term “supplier” means any third party that provides any element of your trip.
You agree that any violation of The Agreement 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) you being denied access to the applicable travel related product or service.
We may change these terms and conditions from time to time and these applicable changes become effective immediately. If we make changes we deem material, you will be notified. Your continued use of our services following such notice constitutes acceptance of the changes and you will be bound by those changes.
COVID 19 WAIVER
By making a booking at this time, you acknowledge the highly contagious nature of COVID-19. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by DESTIFY, and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You acknowledge that due to the uncertainty of travel at this time, your trip may be postponed or cancelled or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You understand that you may become sick before the trip and may not be able to travel and such cancellation will be subject to our cancellation terms below. You also acknowledge that you may become sick during the trip and that your travel plans may change, (for example you may be asked to quarantine for part or all of your trip, or you may be asked to return home early) for which we will not be liable.
You understand the description of the risks due to COVID-19 is not complete and that unknown or unanticipated risks may result in injury, illness, death or any other loss. You agree that having considered these risks, you, for yourself, and any minors traveling with you, desire to book travel at this time and that you freely and voluntarily assume complete personal responsibility for the risk of exposure, illness, death, delay, postponement, change, and cancellation due to COVID-19, for yourself and any minors traveling with you, even if such injuries or losses occur in a manner that is not foreseeable at the time the booking is made.
You agree that due to uncertainty caused by COVID 19, DESTIFY has strongly encouraged the purchase of travel protection coverage including Cancel For Any Reason coverage, and that should you fail to purchase travel protection coverage, DESTIFY shall not be liable for any losses however arising.
You, for yourself, and any minors traveling with you, and on behalf of yours and their heirs, assigns, personal representatives and next of kin, hereby release and hold harmless DESTIFY, its officers, agents, and/or employees, suppliers, and other participants (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any postponement, cancellation, changes, injury, disability, death or any other loss you or any minor traveling with you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
1. BOOKINGS AND PAYMENTS
All that is required to reserve your vacation is a Rooming Information Form and a signed Credit Card Authorization Form including the applicable non-refundable deposit per person. Our deposit is non-refundable because planning any travel takes extensive time and research, and costs accrue well in advance of your travel. The full required deposit for the entire reservation must be received before the reservation can be completed. Individual deposits do not guarantee pricing.
The balance due must be paid at least 65 days before departure (for bookings within 65 days of departure, full payment is due at time of booking). If full payment is not received by that time, an additional $50 per-person late-payment fee will be assessed. We reserve the right to treat the booking as canceled by you if the balance due is not paid by the Final Payment Due Date. In such cases, the cancellation terms outlined below will apply.
Your signed Credit Card Authorization Form grants DESTIFY the authorization to charge the payment to a third-party credit card processing company used by DESTIFY or directly to an affiliated travel supplier, at the sole discretion of DESTIFY. All amounts due to DESTIFY shall be paid in U.S. Dollars.
In certain cases, you have the ability to 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. By using our service to make a reservation, you accept and agree to our cancellation policy. DESTIFY retains the right to dispute any chargeback that is improper to recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right 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 any such chargeback claims:
– Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
– 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.
– Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
– Chargebacks resulting from force majeure or other circumstances that are beyond the control of DESTIFY or the supplier.
– Chargebacks resulting because you do not agree with the cancellation policy.
Deposit requirements: Deposit amounts differ based on the type of airfare used for the package (scheduled, contracted, private, or charter), space availability, and departure dates. Deposits are never lower than $150 per person, inclusive of minors on a reservation.
DESTIFY reserves the right to issue scheduled airline tickets once the booking is under applicable deposit.
Each deposit and/or payment charged, will receive a receipt emailed to the email address provided. Once payment is received in full, you will receive a receipt and travel documents. 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 within 48 business hours with any corrections.
Prices are subject to change without notice due to currency fluctuations, tariff changes or increase in operational costs. Certain travel products are booked using local foreign currency. Those rates are subject to fluctuation, and the rate of exchange is not guaranteed until paid in full. All prices and features described herein (as well as in DESTIFY advertisements and websites) are subject to change without notice. Some hotel room photographs do not depict the standard room category.
2. AMENDMENTS AND CANCELLATIONS
As described above, planning travel takes extensive time and research and DESTIFY is required to pay all suppliers well in advance of your vacation date. Cancellation Penalties are imposed by almost all travel suppliers. Should you need to cancel for any reason you must provide us written notice of your cancellation. Cancellation will be considered effective on the date we receive this notice. PLEASE NOTE THAT ANY RESERVATIONS MADE OUTSIDE OF YOUR ORIGINAL BOOKING DATES ARE CONSIDERED A CANCELLATION AND REBOOKING. PENALTIES AS OUTLINED BELOW WILL APPLY. THIS INCLUDES AMENDMENTS TO BOOKING DATES FOR ANY REASON WHATSOEVER, INCLUDING DUE TO COVID-19.
The following cancellation policies apply to all vacation packages purchased with DESTIFY unless otherwise stated in a written contract, approved and signed by an agent or a representative of DESTIFY:
– Initial deposits are non-refundable and non-transferable at any point upon cancellation of your vacation package.
– Cancellations made greater than 65 days prior to departure are subject to a minimum of $150 per person cancellation fee in addition to any applicable hotel, airline, or tour operator fees. The cancellation fee is never less than the amount of the initial deposit.
– Cancellations made less than 65 days prior to departure are not eligible for any refunds. In other words, this purchase becomes completely non-refundable and non-transferable 65 days prior to the departure date. This applies to cancellations made FOR ANY REASON, including any reason relating to COVID-19, natural disasters, or any other acts or occurrences outside the reasonable control of DESTIFY or the Traveler.
– Reservations are not eligible for any requested amendments, changes, or modifications of any kind within 14 days of your booked travel date. We will not be liable to you for any changes requested during this time period. We will not be liable to you for any costs incurred by you due to late requests for changes.
Any refund applicable to a cancellation (for example, a refund for a cancellation made more than 65 days prior to departure) is contingent on DESTIFY receiving the funds back from the supplier (hotel, airline, resort). Accordingly, if for whatever reason, including bankruptcy or other disruption in business, the supplier is unable to or refuses to issue a refund to DESTIFY for the services paid for, then DESTIFY has no obligation to issue a refund to you. In some instances, Suppliers may offer a travel credit in lieu of a cash refund.
By accepting any refund from us, Traveler accepts refund as a full and final settlement with regard to any money owed and Traveler releases DESTIFY, its owners, agents, employees and assigns from any future demands and/or claims whether in tort, contract, or any other form, and agrees that by accepting the refund DESTIFY has no further liability to Traveler.
In order to avoid any of the above fees, we strongly encourage the purchase of “Cancel For Any Reason” travel insurance through one of our affiliates, which is available to purchase when you’re submitting your initial deposit.
If you cancel your vacation or change your departure date, flight, duration, class of service, name, departure city, destination, or hotel, the charges shown above become payable by you. Significant additional penalties (i.e. non-refundable airline tickets and fees, non-refundable or non-transferable hotel promotions) may apply.
Any amendments made to a reservation will result in repricing based on the current rates at the time the change is made. For example, if the number of individuals occupying a room changes due to an amendment or cancellation, the remaining travelers will be responsible for any additional costs incurred as a result of a change in the per person occupancy rate. If all passengers change, it is considered a cancellation and a new booking.
If this booking includes a group discount based on a minimum number of adult travelers, and fewer than the minimum number of adults actually book the vacation through DESTIFY and make full payment, you will be charged an additional $50 per-person fee to recoup the unearned discount. In lieu of charging this fee to each traveler, DESTIFY may charge each $50 per-person fee to the original booker (or “Group Leader”) of this vacation. You agree that DESTIFY may charge this $50 fee to your credit card on file, and if you are the Group Leader, you agree that DESTIFY may charge the $50 per-person fee to your credit card on file.
3. TRAVEL PROTECTION COVERAGE
It is the traveler’s responsibility to protect their purchases. For this reason, travel protection coverage including Cancel for Any Reason coverage is strongly recommended. Such a plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and 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 medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel protection purchased through DESTIFY must be purchased within 24 hours of paying your initial deposit. Other travel protection usually must be purchased in close conjunction with your trip as well so we recommend making this decision as soon as possible after booking.
DESTIFY is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel protection plans. DESTIFY cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Declining to purchase an adequate travel protection plan 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 you choose to travel without adequate coverage, we will not be liable for any of your losses however arising, for which trip protection plan coverage would otherwise have been available.
Traveler agrees to and shall indemnify and hold harmless DESTIFY, and each of our officers, directors, employees and agents (collectively “DESTIFY”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by DESTIFY (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) Traveler’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by Traveler while participating in the trip.
5. DESTINATION AND DOCUMENTATION
Travel to many parts of the world may involve the risk of a variety of hazards to health and/or safety, including but not limited to disease, crime, terrorism and warfare. Because each traveler’s risk tolerance is different, DESTIFY is not in a position to advise or recommend whether travel to any particular place at any particular time should take place. It is recommended that travelers should refer to objective third-party sources of travel information, such as that maintained by the U.S. Department of State travel.state.gov). In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country as well as understanding local laws that govern travel within a country, such as tracking and other COVID requirements. 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.
You and any minors traveling with you must be in possession of a machine-readable passport valid for 6 months after the trip return date along with applicable visas. Some countries require that your passport have two to four blank visa/stamp pages. Some airlines will not allow you to board if this requirement is not met. For information about passport requirements you can visit the State Department’s website at https://travel.state.gov/content/travel/en/passports.html. It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete. DESTIFY is not responsible for any passenger who is unable to travel as a result of their failure to have a valid passport, and necessary travel documents.
Health: Recommended inoculations for travel may change and you should consult your healthcare provider for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, 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 should also consult your destination country’s website for any COVID specific requirements.
6. AIRLINE AND SUPPLIER RESPONSIBILITY
The affiliates, partners, and suppliers of DESTIFY issue tickets, coupons, or electronic documents covering transportation, hotel accommodations, and other services and facilities. Neither DESTIFY nor these suppliers, or their respective subagents, shall be held liable for loss or damage to property or injury of a person caused by reason of any defect, negligence, or other wrongful act or omission by any other hotel agency, transportation company or party providing such services or facilities, strike, war, terrorism, weather, quarantine, sickness, government restrictions or regulations, or any other cause beyond its reasonable control. All airlines concerned are not liable for any claim arising out of or in connection with carriage or other services or features otherwise performed or occurring in connection with this package, except as provided in the conditions of carriage for the airlines and the passenger tickets issued in conjunction with this package. DESTIFY is not responsible under any circumstances for any injury or damages you may suffer in connection with your air or ground transportation.
7. LUGGAGE AND PERSONAL PROPERTY
DESTIFY Inc. does not accept liability for client luggage or personal property, but offers the following for informational purposes only: 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. Some airlines do not cover damage to soft-sided luggage. The airlines’ maximum liability for loss, damage or delay to checked baggage is limited to $3500 per ticketed passenger domestically and subject to limitations specified in international treaties (such as the Warsaw Convention or Montreal Convention) for international travel. These limits will apply unless an excess valuation is declared at the time of check-in. All lost or damaged luggage must be reported to an airline representative at the destination airport by the passenger before you leave the airport. Checked baggage taken from the terminal building at the destination will be considered to have been received in good condition and no claim for loss or damage will be accepted after baggage has been removed from the terminal. The maximum liability of the ground transportation company in the resort for lost or damaged property is $400. Loss or damage must be reported immediately.
WHAT WE PROVIDE IN RETURN
1. PRICE GUARANTEE
The Department of Transportation, DOT, has defined air transportation, tour or tour components as purchased when the full amount of that air transportation, tour or tour component has been paid by the consumer. Post-purchase price increases (increases to a vacation package after the initial deposit is made) are therefore prohibited, except for those increases related to government imposed taxes and fees. However, while our intention is to provide you with the vacation which you have selected, at the price in effect at time of booking, pre-purchase price increases (increases to a vacation package made prior to payment of the initial deposit on the record) including but not limited to an increase in the price of the air seat, an increase in the price for the carriage of the passenger baggage, an increase in the applicable fuel surcharge, or an increase in a government imposed tax or fee may become necessary. If for any reason we have to increase the price of your vacation, including because of an error made in computing your price, we will offer you the option of cancellation without charge, provided that you advise us within seven days of your receipt of notice of the increase. Change fees do not constitute an increase in the price of an already purchased ticket, as technically the consumer is purchasing a new ticket for new travel. Any foreign government entrance or exit fees or taxes are not included in the cost of your vacation package and have to be paid independently and directly upon arrival or departure at a destination where the government imposes such taxes or fees.
2. FLIGHT INFORMATION
Your dedicated travel team will be able to confirm the latest flight details at the time you make your reservation, and these will also appear on the booking confirmation we issue when we receive full payment for the reservation.
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 prior to departing for the airport. DESTIFY assumes no responsibility for any passengers making independent connections to your flights booked through DESTIFY.
3. AMENDMENTS & CANCELLATION
Special features offered by hotels are subject to change at the hotel’s discretion. In the unlikely event that a major change involving a pre-departure change of hotel, departure or return date, departure city or destination becomes necessary, we will notify you as soon as possible. If you find the revised arrangements we offer unacceptable, you will have the option of cancellation without charge provided that you notify us within 24 hours of your receipt of notice of the change (or prior to departure date if notified less than seven days prior). In the event of a change, we will try to substitute comparable services, but in the event of complete cancellation by us or a supplier, our only liability will be to return all monies paid (public charters only) or provide a refund in the form of a DESTIFY credit.
During local or national holidays, certain facilities such as museums, sightseeing trips and shopping may be limited or unavailable. In such instances itinerary changes are made by Suppliers seeking to reduce inconvenience to travelers. Such changes are deemed not to be a major change, and no compensation will be payable to travelers. Holidays, closing days and other circumstances may necessitate a change of the day of the week for scheduled regional meals, sightseeing or other activities. If you feel your enjoyment might be diminished by any of these circumstances please check with the respective national tourist office before selecting a specific departure date.
CHANGES AND CANCELLATION BY THE SUPPLIER – We will inform you as soon as reasonably possible if the 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.
FORCE MAJEURE – We cannot accept liability, provide any refund, or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, inconvenience or damage as a result of circumstances amounting to “force majeure”. “Force majeure” means any event or circumstances which we or the supplier of the services in question could not foresee or avoid. Such events and circumstances may include, acts of God, actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, volcanic eruption, earthquake, hurricane, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation, adverse weather conditions, fire and all similar events outside our control. Furthermore, there will be no refunds due to fear of travel from actual or threatened terrorists, health, political, pandemic or other similar events.
Any refunds (if applicable) will always be made as soon as possible to the original form of payment. Please note, however, that no refunds will be made for any services provided in the itinerary that you do not use. Passengers who do not travel (charter, land only, or scheduled air) are subject to 100% cancellation penalties. Travel insurance payment is non-refundable and non-transferable. Refunds (if applicable) for scheduled air programs will only be issued upon the return of the unused ticket. Any refunds made by the airline will be based on the value of the original ticket issued less any airline processing fees. In most cases the replacement ticket you have to purchase will be more expensive.
5. OUR RESPONSIBILITY TO YOU
DESTIFY has made arrangements with airlines, hotels, and other independent suppliers to provide you with the services you purchase; and has affiliated suppliers and tour operators which are represented in Mexico and most Caribbean destinations by companies organized and existing in that destination, including providers of transportation and excursions. We have taken all reasonable steps to ensure that proper arrangements have been made for your vacation. DESTIFY does not provide, own, or control the travel services and products that are provided as part of your trip, such as flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Suppliers”) either directly (e.g., airline) or as an agent (e.g., Tour Operator). The Suppliers are responsible for the Travel Products. The Supplier’s terms and privacy policies apply to your booking. Your interaction with any Supplier is at your own risk. We do not accept and expressly disclaim any liability for the actions or omissions of these independent suppliers and our own negligent acts. If you find you have any dispute with such persons, however, we will give you as much reasonable help as we can in resolving a dispute. Please understand that we cannot control and will not be responsible for such factors as weather, government actions, terrorism, mechanical breakdowns, your physical, medical or mental disabilities, your failure to obtain valid travel documents or your failure to follow travel instructions. DESTIFY is not responsible for losses or damages arising from bodily injury, property or other damage caused by factors beyond our control, including but not limited to flight delays, airline turbulence, transportation accidents or other unforeseen circumstances. You therefore release and hold harmless DESTIFY, its owners, officers, members, employees, agents, affiliates, suppliers and vendors for any negligent or willful act or failure to act of any such person or entity, or of any other third party, and you agree to and shall not make any claims against DESTIFY for any such actions or omission by DESTIFY or any such third parties.
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, agents 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: firstname.lastname@example.org or by mail at: Destify, Attn: Legal Department, 29 E. Madison Street, Suite 400, 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: email@example.com or by mail to:
Destify, Attn: Legal Department, 29 E. Madison Street, Suite 400, 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, agents 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 agents or 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.
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.
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.
If there are any questions regarding this Agreement you may contact us using the information here.