VIVE Society Terms & Conditions ▽
These are the Terms + Conditions for all VIVE Group Trips.
If you are traveling independently on a Private Trip, you will be provided the Terms + Conditions specific to your trip separately.
TRAVEL AGREEMENT
Please carefully read all the Terms and Conditions of this contract detailed below before booking a trip with Michelle Ruiz Yoga / Vive Society LLC ( or hereinafter, “Company” or “Agency.”) For and in consideration for being permitted to participate in the retreat you have selected with Company (the “Retreat”), you (the undersigned) agree to accept and be bound by the Terms and Conditions set forth herein.
RETREAT DETAILS
Retreat details, such as information about the destination, accommodations, departure and return dates, any included meals, any included transportation, included classes (“Retreat Classes“), and payment details and due dates can be found on the Company’s website ( www.MichelleRuizYoga.com or www.TheViveSociety.com) (the “Website“). PLEASE READ AND ENSURE YOU UNDERSTAND THE RETREAT DETAILS AND POLICIES DETAILED HEREIN BEFORE PAYING.
REGISTRATION
Deposit & acknowledgment of Terms & Conditions are required to guarantee your reservation. You will not have a reserved spot for the Retreat if you fail to fill out all required booking forms and provide required signature(s).
CONFIRMATION AND ITINERARY SUBJECT TO MODIFICATION
After Company receives your completed Retreat Forms you will receive a confirmation email. Please contact us if you do not receive a confirmation email within five (5) business days of submitting your Booking. Thereafter, we may send you, and you consent to receive, correspondence related to the Retreat and the Company, including the itinerary for the Retreat. Such itinerary, including lodging, is subject to change and Company expressly reserves the right to modify the itinerary at any time due to availability of third party vendors, weather conditions, local conditions, or other circumstances out of our control.
DEPOSIT
Your Deposit is non-refundable and non-transferable.
TOTAL PAYMENT
The Total Balance Payment is due prior to the departure date of the Retreat specified on the Website or your traveler dashboard (the “Payment Balance Due Date”). IF COMPANY DOES NOT RECEIVE YOUR TOTAL PAYMENT ON OR BEFORE THE PAYMENT DUE DATE, COMPANY MAY CANCEL YOUR RESERVATION WITHOUT NOTICE AND WITHOUT ANY REFUNDS.
PAYMENT INSTALLMENT DUE DATES
If you do not pay the full total amount of trip price upon registration ( which means you are making payment installments) you agree to pay payments on time, according to the payment schedule provided by VIVE Society LLC or Michelle Ruiz Yoga. Please know that these due dates are determined by the resort / hotel / lodging / suppliers , therefore, Michelle Ruiz Yoga / VIVE Society LLC has no control or capability of modifying these dates. If you do not pay the agreed payments on time, your spot on the trip will be released with no possibility of refund or you will be assessed a late fee. This decision is determined by our supplier contracts. In the case that Michelle Ruiz Yoga / VIVE Society LLC cancels the trip for any reason, and you have not made your payments on time, you waive your right of refund for any payments already submitted. This is because your failure to pay on time may have caused Company to breach a supplier contract, incurring loss.
PASSPORT, VISA AND RELATED ITEMS
You are responsible for obtaining and maintaining a valid passport and all appropriate government issued ID’s, visas, permits, certificates, and/or other required documentation (“Documentation”) for the countries, jurisdictions, parks, areas, etc. you will visit during the Retreat. Company is not responsible if you are denied entry or exit to/from any country or location due to a lack of valid Documentation or for any other reasons. If failure to do so results in fines, surcharges, claims, financial demands or other penalties being imposed on us, you will be responsible for indemnifying and reimbursing us accordingly.
Important Information: Traveler assumes complete and full responsibility for, and hereby releases VIVE SOCIETY LLC from, any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety and security conditions of such destinations, during the length of the proposed travel. However, we specifically recommend that U. S. Citizens traveling internationally, including travel to Canada, Mexico or the Caribbean, do so with a valid U. S. Passport. For information concerning possible dangers at international destinations, contact the Travel Advisory Section of the U.S. State Department, (202) 647-5335 https://travel.state.gov/content/travel.html. For medical information, please refer to the U.S. Centers for Disease Control (CDC), (404) 332-4559 or use their fax information service at www.cdc.gov/travel
(404) 332-4565.
** Most International Trips require a passport valid at least six (6) months beyond the scheduled end of your Itinerary. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their Trip.
** Some countries require you to be in possession of a return ticket or exit ticket and have proof of certain sufficient funds, etc. Similarly, some countries require that the Traveler produce evidence of insurance/repatriation coverage before it will issue entrance or a visa.
Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or access online at https://travel.state.gov/content/travel.html or directly from the destination country’s website.
BACKGROUND CHECKS
By signing this agreement, you are confirming that you do not have any felonies, warrants for your arrest or any other outstanding issues that would prohibit you from traveling to the location of the trip. A background check will be required for some trips organized by ( Company. ) If the country / location you are traveling to is one that requires the background check, you will be notified via email by ( Company.) You will not be permitted to travel without consenting to the background check.
TRAVEL INSURANCE
We require all travelers to obtain Travelers Insurance for the trip. You are solely responsible for the cost of any travel insurance and ensuring that you are adequately insured for the full duration of the Retreat with respect to possible illness, injury, death, property damage, loss of baggage and personal items, cancellation and/or curtailment, and/or any other potential losses, damages, costs, expenses, or liabilities (collectively “Losses”). You will be solely responsible for any Losses related to your failure to procure travel insurance. Company is not responsible for any Losses you incur and/or sustain. VIVE Society LLC / Retreat leaders are not responsible for providing medical care before, during or after your trip ( in any situation.) You must have travel insurance that covers medical for each person traveling.
VACCINATIONS
You agree to visit https://www.cdc.gov/ to obtain information on any vaccines that may be required to visit the country you are traveling to. It is your responsibility to pay for and provide documentation of vaccinations received when required. You may be asked for this documentation at border crossings, immigration, hospitals, airports so please have information on hand at all times.
Immunization requirements vary from country to country and even region to region. Up-to date information should be obtained from your local health department and consulate. You assume complete and full responsibility for, and hereby release VIVE SOCIETY LLC from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For State Department information about conditions abroad that may affect travel safety and security, go to https://travel.state.gov/content/travel.html , or contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to https://www.cdc.gov/ Please also contact your personal physician if you have any additional medical concerns prior to your travel.
PRESCRIPTIONS
This is required: If you are traveling with prescription medication, you must have prescriptions in bottle issued by doctor / pharmacy with information matching your government issued ID on the label. ( A doctor’s note is also strongly recommended for you to keep on your person while traveling. ) In rare cases, some countries do not allow certain medications to be brought in. There may be harsh penalties including arrest / imprisonment. Please familiarize yourself with the regulations of the country you are visiting. We will not personally ask to see your medication. This is your responsibility. Any repercussions with the law are your responsibility and Not the responsibility of Michelle Ruiz Yoga / VIVE Society LLC /Company. Traveler certifies that they are responsible for managing their own medication and medical, physical, or allergic conditions during their Trip.
COUNTRY GUIDELINES
It is your responsibility to know the local laws of the country you are visiting and to abide by them to the full extent of the law. Michelle Ruiz Yoga / VIVE Society LLC / ( Company ) is not, in any way, responsible for you, for your belongings or any legal issues you incur if you break a law while traveling on the trip. You must be of legal drinking age outlined by the country you are visiting to join a VIVE trip.
TRIP CHANGES
The right is reserved to decline or accept or to retain any person as a member of a trip; change a trip from ‘escorted/guided’ by VIVE SOCIETY LLC , to ‘partially escorted/guided’ by VIVE SOCIETY LLC or by a replacement escort, to ‘unescorted’ by VIVE SOCIETY LLC or by a replacement escort, should circumstances preclude the designated VIVE SOCIETY LLC escort or replacement escort from accompanying the trip for whatever reason; or to cancel a trip outright due to low passenger sign-up numbers, illness of a service provider, supplier default, or any other circumstances beyond the control of VIVE SOCIETY LLC.
ITINERARY CHANGES
The right is reserved to substitute hotels of similar category (if available) or change schedules without prior notice should circumstances so demand. In the event of a change in the itinerary necessitated by factors or conditions beyond the actual control of VIVE SOCIETY LLC, no refund can be made nor will credit be allowed or refund given for any services provided in the itinerary should any such services not be utilized by tour members. We reserve the right to alter any itinerary, arrangement(s), or date(s), if it becomes necessary or advisable, and each trip participant/ agrees to pay additional expenses required by such alternative(s), if any. All prices are subject to change without notice. Availability of refunds for air transportation included in a tour and additional transportation costs for a person who does not utilize an air transportation part of the tour will vary with the type of transportation and the point at which transportation is not used, and shall be made at the sole discretion of VIVE SOCIETY LLC. All rates quoted in the description(s)/itinerary(ies)/brochure(s) are based on the current carrier tariffs and current international exchange rates, and are subject to adjustment without prior notification in the event of changes therein, and any increase resulting from such adjustment shall not modify the cancellation provisions in the tour description/itinerary/brochure or the Trip Reservations and Details from accompanying this disclosure notice.
CANCELLATIONS
BY COMPANY. Company reserves the right to cancel your reservation if your Total Payment is not received on or before the Payment Due Date and you will not be eligible for any refunds of any amounts. Company further reserves the right to cancel the Retreat prior to the Departure Date in the event an insufficient number of registrants are confirmed for the Retreat or for any other commercial reason in Company’s sole discretion and, in such an event, you will receive a full refund of the amount you remitted to Company, but in no event will Company be responsible for any other amount, including preparation costs, airfare, travel documents, or any other Losses or claimed damages. This is why we strongly suggest Travel Insurance.
FORCE MAJEURE . VIVE SOCIETY LLC shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure, nor for changes to or terminations of your trip due to Force Majeure. “Force Majeure” refers to any event beyond VIVE SOCIETY LLC’s reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, epidemics, disease, virus, pandemic, contagious diseases, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power Services, terrorism or any other causes beyond the control of VIVE SOCIETY LLC. VIVE SOCIETY LLC reserves the right to cancel any Services described in a Trip Itinerary due to Force Majeure. Very rarely, you may be forced by “force majeure” to change or terminate your Trip before or after departure but before the scheduled end of your Trip. This is unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our Suppliers), pay you any compensation, or meet any costs or expenses you incur as a result. We strongly recommend that you obtain travel insurance.
BY YOU. All cancellations by you must be in writing and emailed to Company at the contact email address listed on the Company Website. Cancellation email must be received prior to the Final Payment Due Date. ( If you do not receive a reply email within 24 hours , please call us immediately at the phone number listed on the Contact Us Page of Company website. ) The deposit is nonrefundable in all cases. We do not offer refunds on any payments. If cancellation is prior to the Final Payment Due Date, you may transfer your payments to another traveler to take your place on the retreat. Transfers must be for the same retreat ( same dates and location only.) There will be a $350 transfer fee applied to the trip you are transferring. Please note that if there are flights involved, we would need to secure new flights for the traveler ( upon availability ) which will incur extra costs to the replacement traveler. We cannot transfer plane tickets or VISA services provided from one traveler to another and we cannot refund you for a flight already booked. We cannot transfer your payments to a traveler already booked on the trip due to supplier contracts. This is why we highly suggest Travel Insurance for emergency situations and emergency cancellations. While on the trip, if you miss or skip any tours / activities, we cannot refund you for any payments. If you skip an optional / add on activity we cannot refund you for any payments due to our supplier contracts.
CHARGEBACKS : Traveler acknowledges that VIVE SOCIETY LLC cannot control other third party’s cancellation fees that may be assessed nor control issuance of vouchers in lieu of cash. Traveler understands that should Traveler initiate any chargeback with Traveler’s credit card company to avoid previously agreed upon fees VIVE SOCIETY LLC will utilize all rights and remedies under the laws of the State of Florida to uphold previously agreed contractual provisions. Traveler understands that VIVE SOCIETY LLC does this because third parties seek payment directly from VIVE SOCIETY LLC . The cancellation fees do not cease to exist in the event of a chargeback. Thus, VIVE SOCIETY LLC will be prompted to pursue litigation and incur attorneys’ fees and costs which will be included in addition to all cancellation fees.
EXPENSES IF TRAVELER LEAVES THE RETREAT EARLY
If for any reason Participant decides to leave the Retreat early, Participant agrees that he/she will be not be entitled to any refund from ( Company ) for the remainder of the Retreat and that it is the travelers sole responsibility, not that of ( Company ) , to make his/her own arrangements needed to return to his/her home destination at Participant’s own expense and ( Company ) shall have no further obligation, duty or liability to Participant for any loss, injury, refund or other claim whatsoever.
UNACCEPTABLE BEHAVIOR
It is up to the sole discretion of Michelle Ruiz Yoga / Vive Society LLC / and Team Leaders listed on your trip dashboard from ( Company ) to discontinue your participation in the retreat at any time if it is determined your behavior is a threat to fellow participants, local citizens or any persons. Breaking local laws will be automatic grounds for dismissal. No refunds or travel arrangements will be provided if this occurs.
EFFECT OF CHANGES OR CANCELLATION
In the event of any change or cancellation listed above, you acknowledge that you will have no right of refund of the Total Payment (whether in whole or in part ) ( unless listed above ) and no right to claim compensation for any Liabilities incurred and/or sustained by virtue of any change or cancellation.
LUGGAGE / FLIGHTS
If flights are included in your trip package, it is you / the travelers responsibility to be aware of all baggage weight limits, additional fees, airline regulations. It is you / the travelers responsibility to be aware of the airport regulations and requirements and to adhere to all laws.
ACCOMMODATIONS
“Accommodations” are any lodgings in a dwelling or similar living quarters afforded to Travelers including, but not limited to, hotels, quarters in ships and charters, campgrounds, motels, and resorts. VIVE SOCIETY LLC provides the accommodations for its Trips through third-party Vendors and retains no ownership or management interest in those Accommodations. VIVE SOCIETY LLC does not guarantee the location or the amenities of the Accommodations nor the performance of the third-party Vendors. If any issues arise, please contact the owner/operators of the respective Accommodations directly. Prices of Accommodations are based on double occupancy unless described otherwise. If you prefer single Accommodations, some Accommodations require you to pay a single supplement fee which can vary depending on the Accommodation. Please contact us for specifics on the single supplement fees for each Trip.
CHECK IN / IN COUNTRY
Upon check-in at the hotel / resort / lodging, you will be required to provide a credit card with name matching your government issued ID ( which will also be required. ) Each person staying in the room will need to show their ID but only one credit card per room is required.
There will be a hold on funds placed on your card ( by the resort / hotel / lodging ) to cover any incidentals or other charges ( such as room service, damages, laundry etc ) incurred during your stay which are not on the “What’s Included” list for your retreat. If no charges / damages are incurred during your stay, the hold will be released upon check out on your final day. If you are staying at multiple hotels, this may be required at each check in. The amount of hold varies depending on the lodging.
PARTICIPATION
All activities during the retreat are optional. The first tour or activity listed on the itinerary each day will be our meeting point where we account for all travelers. For your safety – If you plan to NOT attend any activities or tours, you agree to let retreat leaders know via call, text or email so that you can be accounted for. Contact information will be provided to you prior to the retreat and upon check in.
LIABILITY
In consideration of my participation in the Michelle Ruiz Yoga / VIVE Society LLC trip ( “Retreats,”) I agree to the following:
DEFINITIONS: “Activities” shall include walking, hiking, running, yoga, pilates, core strength exercises, swimming, dynamic and joint mobility exercises, stretches, training, instruction, boating, flights, road transportation in released (defined below in this paragraph) or other vehicles, traveling to and from a Retreat and all other activities associated with the Retreat. “Risks” shall include, without limitation, vehicular traffic, road and trail conditions, health conditions, weather, equipment failure, driver error, participant error, food provided, facilities, actions of other people, and the actions, negligence and carelessness of the Released, as defined below. “Released” shall include the Retreat organizers, booking agents, hotel, hotel employees, hosts, website hosting partners, retreat hosts, leaders, volunteers, officers, directors, employees, tour guides, contractors and agents, the owners or operators of any Retreat facilities or equipment provided, the sponsors and partners of the Retreat. If you participate in yoga or any other physical activity with an instructor besides Michelle Ruiz, it is up to you to sign a separate waiver with that instructor. If you participate in any activities / tours / special arrangements / transportation that are not listed on the “What’s Included” on the VIVE Trip itinerary , with suppliers other than VIVE Society LLC during your trip, we strongly suggest signing a separate waiver / agreement with them. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF THIRD PARTIES AND/OR SUPPLIERS.
ACKNOWLEDGEMENT OF HEALTH AND SAFETY
CERTIFICATION, ACKNOWLEDGEMENTS, ASSUMPTION OF RISK, HEALTH AND SAFETY. I hereby certify that there are no health-related reasons or problems that preclude or restrict my participation in the Retreat, that I am physically fit, able to walk on unstable surfaces, such as trails, paths, grass and roads, boat rides, transportation and have not been advised otherwise by a qualified medical person. I hereby assume all risks of participation in the Activities and the Retreat, including without limitation all Risks, whether such risks are caused (a) by the negligence or carelessness of the retreat leaders, (b) the negligence or carelessness of myself or (c) from dangerous or defective equipment or property owned or provided in any way by the Released. I acknowledge that the Retreat is, or may be an extreme test of my physical and mental limits and carries with it the potential for serious injury, property loss and even death. I understand that some tours or excursions ( included in my trip package or free time activities ) may be dangerous or strenuous and it is up to me, the traveler, to know what my doctor has cleared me to participate in. I understand all activities are optional and I am participating voluntarily. Company is not liable for negligence of tour companies, operators, excursion companies.
For the safety of our travelers, we do not allow the renting / driving of any motorized vehicles during a VIVE trip , including ( but not limited to) : mopeds, scooters, motorbikes, ATVs, jet skis, sports cars.
RISKS
VIVE SOCIETY LLC shall not be responsible for any injuries, losses or damages in connection with terrorist activities, social or labor unrest, mechanical or structural integrity of air, sea, and ground transportation and accommodations, diseases, local laws, terrorist acts, climatic conditions, Acts of God, delays, changes or cancellation of travel due to weather conditions, hotel services, accidents or health related problems before or while in-transit to (e.g., an accident on the way to a tour), during, and after a tour, or any other actions, omissions, or conditions outside of VIVE SOCIETY LLC’s control.
WAIVER, RELEASE AND AGREEMENT NOT TO SUE
I, and on behalf of my executors, administrators, heirs, successors, assigns, and as the parent or legal guardian of a participant of a Retreat, agree not to sue or make a claim against the Released Parties for any and all damage, death, injuries, loss, or harm that occur during the Retreat or while travel to and from the Retreat and Retreat Activities. This release includes, but is not limited to, claims for strict liability for any abnormally dangerous activities in which I choose to participate in the course of the Retreat, whether caused by negligence or carelessness of the Released or otherwise.
INDEMNIFICATION AND HOLD HARMLESS
I, and on behalf of my executors, administrators, heirs, successors, assigns, and as the parent or legal guardian of a participant of a Retreat, hereby agree to indemnify and hold harmless the Released and each of them from all liabilities, causes of action, claims and demands that arise from my acts or my failure to act, including my own negligence, during or relating to the Retreat. I, agree to indemnify and hold harmless the Released and each of them from all liabilities, causes of action, claims and demands that arise from any loss, liability or damage, including reasonable attorney’s fees incurred in any suit, demand or legal action arising out of any alleged injury, damage or death resulting from engaging in any Activities, participation in the Retreat, or is alleged to or did result from the negligence or carelessness of any person. In accordance with this promise, I shall reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees that they incur because of any such claims made against them including through appeal. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
MEDICAL CARE
Traveler acknowledges that there is no obligation of any person to provide any participant with medical care during, prior to or after a Retreat. Traveler understands that in the event of injury to Traveler, or exacerbation of Traveler’s medical condition, VIVE SOCIETY LLC may not be held responsible. If a serious emergency arises, it may be necessary for a physician to attend to Traveler, but Traveler recognizes that VIVE SOCIETY LLC is not obligated to take any action to facilitate or assist that treatment. The quality of medical personnel and facilities vary from region to region and cannot be controlled by VIVE SOCIETY LLC. In some parts of the world, substandard medical care is common and unavoidable. Hospital facilities are often unavailable and evacuation can be prolonged, difficult and expensive. VIVE SOCIETY LLC is not responsible for the costs of any medical treatment you may require during a Trip and assumes no liability regarding provision of medical care or lack thereof that you may receive while on the Trip. YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND ALL MEDICAL TREATMENTS YOU MAY REQUIRE OR RECEIVE DURING YOUR TRIP. Traveler releases VIVE SOCIETY LLC from any liability relating to any such medical care, whether secured by a Service provider on behalf of Traveler, VIVE SOCIETY LLC , or otherwise, and agrees to be responsible for any and all expenses incurred for said medical care. This is why we highly suggest Travelers Insurance.
PERSONAL PROPERTY
I acknowledge and agree that I am responsible for my equipment, belongings and all personal property during the Retreat and that the Released are not responsible in any way for such property whether it is lost, stolen or damaged.
WORDS AND IMAGES
I understand that during this Retreat I may be photographed, videotaped and or my words may be recorded. I authorize and allow Michelle Ruiz Yoga / VIVE Society LLC and its partners to use such images, words and likenesses for marketing, on social media, on websites, in brochures or other writings and any other legitimate purpose without compensation. ( If you do not want your image to be included in any promotional posts, please let VIVE Society LLC know in writing prior to your trip departure. You can contact via email: contact@thevivesociety.com )
CONSENT TO USE PERSONAL INFORMATION
The customer agrees that by the use of VIVE travel services for the booking of travel, certain personal information may be conveyed to third parties relevant and necessary to the transportation and accommodation of your travel. VIVE Society LLC shall not be responsible for the further use of said information by third parties by the customer.
Personal information is the private information of individuals such as birth dates, passport numbers, dates of travel, occupation, destination, preferences of accommodation and meals, occupations, health information, frequent flyer and other membership, bank accounts and credit cards and other payment methods or financial information necessary to secure travel. The personal information to other persons You agree that you have the legal right to share the provision of personal information, as described above, of other persons with whom you may be traveling and with whom you agree to provide VIVE Society LLC said information. You will not hold VIVE Society LLC liable for the distribution of this information to necessary third party suppliers or the further sharing or use of this information by the third party supplier ( or to the same extent as required by the Laws.) Our liability for the failure of any such Foreign Supplier to protect your personal information is specifically excluded. If you have any concern about the disclosure of personal information to a Foreign Supplier you should advise us in writing well in advance of any travel reservation or other arrangement being made with or involving such Foreign Supplier on your behalf. How long do we keep your personal information? Your personal information is retained only so long as we need it to provide information, Travel Services, and other services to you, and for a reasonable length of time thereafter in order to meet any Identified Purpose or other legal or business purpose. Limitations on accuracy and updating of your information VIVE Society LLC may update the personal information that we have on file for you. VIVE Society LLC shall not bear responsibility for any personal information that is inaccurate. You agree to supply updated personal information to VIVE as necessary for booking procedures. VIVE Society LLC takes reasonable steps to protect your personal information; however, VIVE Society LLC is not responsible for any improper use of your personal information that is beyond our reasonable control. VIVE Society LLC’s liability for the failure of any Foreign Supplier to protect your personal information is specifically excluded.
APPLICABLE LAW, FORUM AND ATTORNEY’S FEES
I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement. If any act of law or equity, including an action for declaratory relief or any arbitration proceeding, is brought to enforce, interpret or construe the provisions of these Terms and Conditions, a Trip, our Privacy Policy, VIVE SOCIETY LLC’s website or any literature or materials concerning VIVE SOCIETY LLC, the prevailing party shall be entitled to recover actual reasonable attorney’s fees, costs, and expenses. Traveler may not assign his rights or obligations hereunder without the prior written consent of VIVE SOCIETY LLC.
DISPUTES
Governing Law, Jurisdiction, etc. These Terms and Conditions and the relationship between Traveler and VIVE SOCIETY LLC will be governed by the laws of the State of Florida without regard to its conflict of law provisions. Traveler and VIVE SOCIETY LLC agree to submit to the personal jurisdiction of the federal and state courts located in Hillsborough County, Florida with respect to any legal proceedings that may arise in connection with, or relate to, a Trip, these Terms and Conditions, our Privacy Policy, VIVE SOCIETY LLC’s website or any literature or materials concerning VIVE SOCIETY LLC and our Trips. Traveler and VIVE SOCIETY LLC agree to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court.
ALTERNATIVE DISPUTE RESOLUTION:
- VIVE SOCIETY LLC desires to maintain friendly relationships with its clients (Traveler, agents, sellers, buyers, etc.). In order to provide for a mutually beneficial relationship, VIVE SOCIETY LLC has established an alternative mediation program in the event of a misunderstanding or dispute between VIVE SOCIETY LLC and its clients: If a dispute arises out of or relates to this contract, or breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the World Travel Dispute Center under the applicable guidelines as established by International Forum for Travel and Tourism (IFTTA) before resorting to arbitration, litigation, or some other dispute resolution procedure. If mediation is not successful, the parties will settle by binding arbitration administered by the World Travel Dispute Center under the applicable guidelines as established by IFTTA. Judgment on the award rendered by the arbitrator(s), or written agreements of the parties, may be entered in any court having jurisdiction thereof or written agreements of the parties. If litigation is necessary to enforce this agreement, the prevailing party(s) shall receive costs and attorney’s fees. In the event that an IFTTA qualified mediator or arbitrator is unavailable, both parties agree to the submission of the dispute to a mutually acceptable dispute resolution service.
- Suppliers: The issuance of any tickets, reservations, or bookings by VIVE SOCIETY LLC is done on the express condition that: 1. VIVE SOCIETY LLC shall not be responsible for any changes in fares, rates, charges, or prices initiated by the carrier(s) or supplier(s) of services, and 2. VIVE SOCIETY LLC shall not be responsible for any damages resulting from cancellations, changes, or disruption of any services and/or for refunds of monies already paid or transmitted to any carrier or supplier of services.
Traveler’s initial retention of tickets, reservations, or bookings after issuance shall constitute a consent by customer, on his/her behalf and on behalf of his/her companions, to the above.Nothing agreed to herein by the customer is meant to interfere with customer’s legal rights against any carrier(s) or supplier(s) of services.
- Agreement: All parties hereby consent to the jurisdiction of all state and federal courts sitting in Hillsborough County, State of Florida , and agree that venue for any such action shall lie exclusively in such courts without regard to choice of law principles, and agrees that such courts shall be the exclusive forum for any legal actions brought in connection with this Agreement or the relationships among the parties hereto.
MODIFICATION OF OUR TERMS AND CONDITIONS
Our Terms and Conditions may be amended or modified by us at any time, without notice, on the understanding that such changes will not apply to Trips booked prior to the amendment or modification. It is therefore essential that you consult and accept our Terms and Conditions at the time of making a booking, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you placed an order with VIVE SOCIETY LLC or reviewed our Terms and Conditions.
SELLER OF TRAVEL DISCLOSURES
Florida law requires certain sellers of travel to have a trust account or bond. VIVE SOCIETY LLC has a trust account with Florida Surety Bonds Inc.
VIVE SOCIETY LLC is a participant in the Florida Travel Consumer Restitution Fund (TCRF). This transaction is covered by the TCRF if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in Florida at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $300 for transportation or travel Services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977 6001; or by visiting TCRC’s website at: www.tcrcinfo.org
REGISTRATIONS
VIVE SOCIETY LLC is a registered seller of travel in the State of Florida.
*COVID WAIVER
On the date I signed this travel agreement, I requested that VIVE SOCIETY LLC (“Agency”) make one or more travel bookings on my behalf. As the worldwide COVID-19 coronavirus pandemic remains ongoing at the time, I acknowledge that for this reason, and other reasons not reasonably foreseeable at this time, these travel plans may be interrupted or cancelled by the supplier that is providing them, a government entity, or other third-party over which Agency has no control. I further acknowledge that the supplier’s own cancellation, rebooking and refund policies, subject to any applicable law that is nor or may later be in effect, will govern my rights and remedies, including my right to receive a refund, in such an event. Moreover, I understand that should I elect to purchase travel insurance, the terms of the policy will dictate whether, and to what extent, coverage for any financial loss may exist under the circumstances. By signing below, I hereby agree to hold Agency harmless and release it from any and all liability for any damages, including but not limited to monetary losses, I may incur as a result of such interruption or cancellation of these travel plans. In addition, by signing below, I agree to hold harmless Agency for any damages, including but not limited to death or injury due to illness, monetary loss, or any other harm. By signing below, I acknowledge I will not hold Agency responsible for injury resulting from or arising out of the COVID-19 coronavirus pandemic or any other, related or non-related, pandemics or widespread diseases.
▽ VIVE Society welcomes you to the family. Thank you for trusting us with your travels!
