STFU & PARTY
CUSTOMER AGREEMENT TERMS AND CONDITIONS
THIS DOCUMENT, WHICH INCLUDES “EXHIBIT A” HERETO, WILL NEED TO BE REVIEWED AND ACCEPTED BY YOU IN ORDER TO PROCESS AND COMPLETE YOUR RESERVATION. THIS STFU & PARTY CUSTOMER/TRAVELER AGREEMENT OUTLINES THE TERMS AND CONDTIONS UNDER WHICH A TRAVELER’S RESERVATION WILL BE PROCESSED FOR ANY STFU & PARTY SPONSORED VACATION PACKAGE AND/OR TRIP, THE TERMS AND CONDTIONS OF A TRAVELER’S ACCEEPTED RESERVATION AND THE TERMS AND CONDITIONS OF THE APPLICABLE VACATION PACKAGE AND/OR TRIP. THIS AGREEMENT CREATES A CONTRACTUAL RELATIONSHIP BETWEEN STFU & PARTY AND YOU, THE TRAVELER AND CUSTOMER. AFTER READING THIS ENTIRE AGREEMENT, YOU MUST INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT ELECTRONICALLY BY CLICKING THE “I ACCEPT” TAB AT THE BOTTOM HEREOF. YOUR TRAVEL OR VACATION PACKAGE RESERVATION (“VACATION PACKAGE” OR “TRIP” OR “RESERVATION”) WILL NOT BE FINALIZED NOR DEEMED ACCEPTED BY STFU & PARTY UNLESS ACCOMPANIED BY YOUR ACKNOWLEDGEMENT AND AGREEMENT TO THE TERMS AND CONDITIONS HEREOF. BY SUBMITTING YOUR RESERVATION AND TRAVELING WITH STFU & PARTY, YOU, THE CUSTOMER, AGREE TO THE FOLLOWING AS RESPECTS YOUR RESERVATION, VACATION PACKAGE AND/OR TRIP:
I. PARTIES TO THIS AGREEMENT
A. TOUR OPERATOR:
STFU Enterprises LLC, 2678 Edgewater Court, Weston, FL 33332, doing business as STFU & Party (together with its owners, members, directors, officers, employees and agents, and its successors and assigns– all of whom are collectively hereinafter sometimes referred to as “STFU”, or “we”, or “our” or “us”) has arranged the Vacation Package and/or Trip described in Reservation.
You the traveler (herein after sometimes referred to as “Customer”, “Participant”, “Traveler”, “I”, “you” or “your” each as the case may be or as the context may require) have or plan to submit a reservation for your selected Vacation Package and/or Trip as described on this brochure or STFU’s website, and intend to participate in the Vacation Package and/or Trip for which the subject Reservation is submitted, and you, the Customer, by such Reservation submission, participation and payment as provided for in this Customer Agreement together with any schedules or exhibits annexed hereto or made a part hereof (“Agreement”), hereby agree to be bound by and subject to the terms and conditions of this Agreement.
II. VACATION PACKAGE PRICE, CHANGES AND INCLUSIONS
The promotions and information for each such Vacation Package and/or Trip promoted by STFU are as set forth in STFU’s website which sets forth all Vacation Package and/or Trip pricing and inclusions (and which may be updated and modified from time to time). To the extent there is any conflict with any brochure or promotional flier, the terms as set forth in STFU’s website shall control and govern your Reservation. All Vacation Package and/or Trip inclusions are subject to terms and conditions contained in this Agreement. All rates are subject to change without notice in accordance with fuel base prices in charter contracts, available class of service, changes in government taxes/fees, etc. Any fuel related increases and/or changes in government taxes/fees will be assessed no later than 10 days prior to departure and must be paid by all Customers, regardless of whether account is paid in full or not.
III. RESERVATIONS AND PAYMENTS
Upon your submission of your on-line Reservation, you will be obligated to pay your designated deposit which shall be NON-REFUNDABLE, and such deposit is required in order to secure all Reservations. Failure to make “on – time” payments may result in cancellation of your Reservation, loss of first choice hotel and/or accommodations at such hotel/villa, flight, cruise and/or other transportation, reservation suspension, assessment of a late payment fee or reinstatement fee, flight cost increases, and/or removal of all price discounts/adjustments and other booking incentives previously applied to your account. Your Reservation is non- transferable.
B. DEPARTURE TAXES/FEES:
Unless otherwise indicated on STFU’s website, all U.S. and foreign arrival/departure taxes and fees are due with final payment. Customer is responsible for paying any increases in government taxes and/or fees prior to departure. For cancellation fees, please see Section IV herein below.
C. PAYMENT TYPES:
All Vacation Package, Trip and/or Reservation payments, shall be paid by credit or debit card in U.S. Dollars and be paid to STFU & PARTY. STFU does not accept any other form of payment such as cash or checks. The submission of your Reservation and receipt of your required deposit by STFU constitutes acceptance of these terms and conditions by Customer (although STFU shall have no obligation to process your Reservation without your acknowledgment of, and agreement to, this Agreement).
STFU accepts Visa, MasterCard, Discover and American Express; however, STFU, reserves the right to change the credit cards it accepts at any time and our Website will reflect what cards are then being accepted. Your credit card payments are secure on our website, and you must complete the STFU credit card registration form (available on our website) with cardholder’s billing address and electronic signature. Customers paying by credit card agree to all terms and conditions contained herein and agree to waive all charge back rights. Customer further acknowledges that upon the completion of Customer’s travel with STFU on the applicable Vacation Package or Trip, Customer has accepted the services performed by STFU and therefore agrees that Customer shall have no right of set off or right of charge back for any amounts paid to STFU by credit or debit card.
STFU is not responsible for the acts or omissions of any third party vendor that may supply goods and/or services to You in connection with any Vacation Package and/or Trip.
A cancelled reservation will not result in a refund of any payments. ALL PAYMENTS ARE NON–REFUNDABLE. Any charges and payments made for processing fees, change fees, transfer fees, travel protection premiums and other charges for products, services, attractions and/or excursions to be supplied in addition to the base Vacation Package and/or Trip that you have submitted with your Reservation are likewise non–refundable. Notwithstanding anything to the contrary, STFU has the express right to cancel your Reservation, at any time for a full refund.
V. RESERVATION CHANGES
A. CHANGE FEES:
You may be subject to a change fee for changing your submitted Reservation once STFU has received Your Reservation form and deposit for any Vacation Package and/or Trip.
You are responsible for finding your own roommate(s) to satisfy the room/villa occupancy minimums that you have selected in your Reservation. All such roommates must have their own reservation submitted and accepted and otherwise be in good standing with STFU’s terms and conditions Once your reservation has been submitted you will be committed to room/villa occupancy minimums that you selected at the time of your booking. Your pricing depends upon the room/villa occupancy minimums that you select in your Reservation. Accordingly, any changes in the selected occupancy minimums (or the failure to fulfill the room/villa occupancy minimum) will result in the increases in your base Vacation Package and/or Trip costs that you will be obligated to pay. This includes charges resulting from roommate cancellations. Roommates selected by you when submitting your Reservation only provides STFU with your rooming preferences and it does not obligate STFU to confirm with each designated party their respective consents to your roommate selections/designations. STFU will use reasonable efforts to accommodate your requests for your roommate selections, however STFU cannot and does not guaranty that your roommate selections or preferences can or will be honored, and you expressly understand and agree that STFU has the right to assign roommates to your room and villa based upon availability of accommodations and other factors (and this may include co-ed rooming accommodations). For Spring Break travelers, Your room occupancy minimum commitments as specified in your Reservation must be satisfied (by having Your Reservation, along with all designated room/villa mates’ Reservations, being submitted and in good standing and with all payments as then due paid) no later than 14 days after deposit has been made. Failure to have 100% percent of your room/villa occupancies booked with your co-travelers’ deposit payments fully paid within fourteen (14) days of the initial Reservation, could result, in STFU’s discretion, to your Reservation’s cancellation without refund of any deposits theretofore paid. If the room/villa occupancy minimums as set forth in your Reservation are not fulfilled by you and the co-travelers in your group, you will be charged the applicable surcharge. The surcharge will apply for each one (1) person below the applicable room/villa occupancy minimums, and the total surcharges will be shared equally among you and the remaining travelers in your group who will be occupying the room/villa. These surcharges will be charged to your credit card or debit card when applicable and as the case may be. For Spring Break travelers, to the extent that you and your group are subject to occupancy surcharges as provided herein, and your Group subsequently gains new travelers who are not existing Reservation holders, then you may be entitled to a refund of such surcharge less applicable processing fees/administrative costs; provided however there will be no adjustments made to your account should your group subsequently meet the occupancy minimum outlined in your Reservation on or after the December 15th immediately preceding your departure date. To the extent of any late bookings as provided in Section V D. below, there will be no minimum occupancy surcharge refunds after January 15th immediately preceding your departure date. In addition, changes made to your reserved rooms or room types or to villas are subject to availability, and subject to your payment (and the payment by each other room/villa occupant being affected by such change) of the then applicable change fee and subject to the payment by you and each other occupant of the differential of your Reservation Vacation Package and/or Trip rate and the then current pricing being charged for such room or villa per occupant for the applicable room. Independent room switching without STFU’s express consent is not permitted and will result in your payment of a guest fee equal to the per-day occupancy rates of the room/villa, and this fee shall be shared equally between all registered room/villa occupants.
C. NAME CHANGES:
Name substitutions for flights or other travel arrangements or for committed room or villa occupancies may be permitted for a fee and STFU will use reasonable efforts to accommodate your requests, subject always however to our third party vendors/providers’ rules, restrictions, penalties and fees. As such, STFU may not be able to accommodate all name substitution requests. If a name substitution request cannot be accommodated, the cancellation policy outlined in Section IV herein shall nevertheless apply.
D. LAST MINUTE RESERVATIONS:
Reservations may be accepted up to the day of departure as long as space is available and appropriate arrangements can be made with our third party vendors/providers. STFU shall require payment in full by immediately available funds as directed by STFU from individuals and/or travel agents for reservations made within 2 weeks of the trip departure date.
E. LAND ONLY RESERVATIONS:
Travelers who purchase and contract their flight(s) or other travel related methods independently and NOT through STFU are referred to as Land Only Travelers. STFU does NOT provide airport /hotel transfers for Land Only Travelers. Land Only Travelers must coordinate their arrival and departure dates and times to coincide with their room/villa reservation dates and times. Each Land Only Traveler will be responsible for their own transportation, airport/hotel transfers. To the extent that that Land Only Travelers air travel arrangements do not coincide with your Vacation Package and/or Trip designated departure and arrival dates and times, each Land Only Traveler is responsible for their hotel accommodations for days/nights that fall outside of these dates. All such costs and expenses that arise from your independently arranged travel arrangements, including airport/hotel/villa transfers additional accommodations etc. shall be the responsibility of the Land Only Traveler.
F. HOTEL CHANGE/INCONVENIENCES/ACCOMODATION CONTROL:
In the event of a hotel overbooking or any other situation in which Your room or hotel designation is not available for You in accordance with your Reservation, STFU, in its sole discretion, has the right to provide alternative (as determined by STFU) accommodations, including relocating you to an alternate hotel and/or changing your room type (which could be an upgraded room category at no additional cost to you); and should alternative accommodations not be reasonably available, STFU may give you a full refund, and upon such refund, STFU shall have no liability to you whatsoever and you agree to release and discharge STFU from any and all claims or actions that you may have by reason of such cancellation. Hotel room and villa accommodations are provided through third party vendors, and your stay at the hotel or villa shall be subject to the rules and regulations of the hotel or villa operator as the case may be, including such operator’s “check-in” and “check- out” times. STFU shall have no liability to you if you arrive at your hotel on your arrival date prior to your hotel/villa operator’s “check-in” time or if your accommodations are not ready as of the “check-in” time, except however that in the latter case, STFU representatives will endeavor to assist you in securing your room/villa accommodation in a timely basis but ultimately access to such room/villa is determined by the operator and STFU bears no responsibility nor incurs any obligation. Similarly should the hotel/villa operator’s “check-out” time be earlier than your scheduled departure date transportation time, STFU shall have no liability. In addition, to the extent any of these hotel/villa accommodations are unsatisfactory, STFU shall have no liability by reason of any claims that you may have arising from or relating to your accommodations. STFU will use commercially reasonable efforts to serve as a liaison between you and the hotel or villa operator to facilitate a resolution of any reasonable claim that you may have relating to your accommodations provided you promptly address them with STFU’s customer service representative who can be reached at STFU’s principal offices during business hours (eastern standard time) on business days. (Current Local Phone Number for Customer Service is: 305-901-4918.) To the extent STFU receives reimbursement or compensation from the hotel or villa for any matter relating to your accommodations at the subject hotel or villa as the case may be, STFU may pass this compensation or reimbursement in kind to you, which shall satisfy any obligation that the subject hotel operator and/or villa operator may owe to you (it being agreed that STFU shall have no liability for such claim), and upon the issuance to you of any such reimbursement or other compensation, and notwithstanding the third party’s compensation or reimbursement, you hereby agree to release and discharge STFU from any claim or action that you may have arising from or otherwise relating to your accommodation issues and/or to the circumstances or events giving rise to such reimbursement or compensation. If you choose to independently move out of the selected hotel or villa because you are dissatisfied with the room or villa conditions; you are completely responsible for the cost of the replacement accommodations and will continue to be responsible for your obligations as respects the room/villa designated in your Reservation.
Designated beds will be provided for you and the other travelers assigned to your room or villa. No specific bedding configurations can be guaranteed and you acknowledge that your room/villa accommodations may have varying bed configurations. For example, a room reserved for a quad (4 persons) occupancy may have two (2) double beds or one king bed along with a cot and/or air mattress or any other bedding configuration that sleeps four (4) persons and is deemed acceptable by the hotel or villa operator.
H. RESERVATION ORGANIZER:
All room or villa occupants shall be deemed one group and Your Reservation shall either indicate yourself or a co-traveler as the designated organizer to act on your behalf in relation to your Vacation Package and/or Trip accommodations and add on packages. If no such person is designated in your Reservation, STFU typically appoints the first person who submits his/her reservation form to act as the organizer for the group for the requested room type or villa. By submitting your Reservation for your selected Vacation Package or Trip, you are authorizing such designated organizer to act on your behalf as your agent in connection with all matters relating to Vacation Package and/or Trip including your accommodations, and STFU is hereby authorized by you to rely upon your designated organizer’s actions (or if applicable inactions) on your behalf for changes and/or additions to your Vacation Package and/or Trip Reservation and you hereby agree to be responsible for any additional amounts as may now be due as a result of such changes or additions and pay all such amounts when due. In no event however, shall the designated organizer be authorized to alter this Agreement.
VI. TRIP DOCUMENTS (MEAL VOUCHERS/PARTY PACKAGE TICKETS, ETC.)
FINAL VACATION PACKAGE AND/OR TRIP DOCUMENTS (such as FLIGHT TICKETS, HOTEL VOUCHERS ETC.) WILL NOT BE MADE AVAILABLE TO YOU UNTIL YOUR FULL PAYMENT OF ALL AMOUNTS DUE. FOR VACATION PACKAGE AND/OR TRIP ITINERARIES THAT DO NOT REQUIRE PAPER AIRLINE TICKETS, YOU MUST PRINT YOUR E-TICKETS BY ACCESSING YOUR ACCOUNT ON OUR WEBSITE – NOTHING WILL BE MAILED TO YOU. If you have provided us with an e-mail address, an e-mail notification will be sent to you. STFU requires a valid e-mail address from you at the time of your Reservation and is not responsible for undelivered or misdirected mail or email. Please be advised that STFU may need to be added to your approved SPAM filter; and if you change your e-mail address, you must notify STFU in writing sent electronically through the contact us page on the website.
VII. PROOF OF CITIZENSHIP/INFORMATION REQUIRED FOR TRAVEL
STFU STRONGLY ENCOURAGES YOU AND ALL PERSONS TRAVELING WITH YOU ON AN STFU VACATION PACKAGE AND/OR TRIP TO OBTAIN A PASSPORT WELL IN ADVANCE OF YOUR VACATION PACKAGE AND/OR TRIP DEPARTURE DATE, REGARDLESS OF YOUR SELECTED METHOD OF TRANSPORTATION (AIR, LAND, SEA). U.S. citizens must carry proper identification/proof of citizenship for travel. Non-U.S. citizens should consult their consulate for identification and/or visa requirements for exit from or entry into the country of destination. IT IS YOUR SOLE RESPONSIBILITY TO OBTAIN PROPER IDENTIFICATION/PROOF OF CITIZENSHIP AS MAY BE REQUIRED BY THE DESTINATION TO WHICH YOU ARE TRAVELING. STFU DOES NOT PROVIDE THESE SERVICES AND IT IS UP TO YOU TO ASCERTAIN AND/OR PROCURE THE PROPER GOVERNMENTAL DOCUMENTATION FOR YOU TO ENTER AND DEPART FROM YOUR VACATION PACKAGE AND/OR TRIP DESTINATION CITIES/COUNTRIES. YOUR PAYMENTS TO STFU WILL NOT BE REFUNDED SHOULD YOU BE UNABLE TO TRAVEL ON YOUR VACTION PACKAGE AND/OR TRIP BY REASON OF YOUR FAILURE, FOR ANY REASON, NOT TO HAVE THE APPROPRIATE AND CURRENT (NON EXPIRED) GOVERNMENTAL IDENTIFICATION AND/OR DOCUMENTATION. Citizenship documentation requirements and airline-required information varies by destination and carrier and are subject to change without notice. STFU assumes no responsibility for such changes or for notifying you of such changes. For up to date current information, please visit http://travel.state.gov/passport/passport_1738.html. STFU assumes no responsibility for the accuracy/timeliness of the information provided by these resources. YOU ACKNOWLEDGE THAT IF YOU ARE DENIED BOARDING OR ENTRY TO THE DESTINATION FOR IMPROPER OR OUT OF DATE DOCUMENTATION AND/OR FAILURE TO PROVIDE REQUIRED INFORMATION, YOU WILL RECEIVE NO REFUND FROM STFU FOR YOUR VACATION PACKAGE AND/OR TRIP (AND ANY ADD ONS).
VIII. RISKS AND WARNINGS
For information regarding possible dangers at international destinations, contact the Travel Advisory Section of the UNITED STATES State Department, (202) 647-4000, http://travel.state.gov/travel/travel_1744.html. For medical information, contact the Centers for Disease Control, 1-800-232-4636, http://wwwnc.cdc.gov/travel/destinations/list.htm. In the event that a U.S. governmental agency issues a full ban on travel to your Vacation Package and/or Trip destination, STFU reserves the right to offer alternative destinations or issue travel credits in lieu of a refund. Once Your Reservation has been submitted, STFU will not issue to you a refund by reason of your fear of travel, whether actual, threatened or perceived dangers or conditions
IX. TERRORISM & VIOLENCE
There will be no refunds due to fear of travel or from actual, threatened or perceived violence or terrorist events.
X. HOTEL SECURITY DEPOSITS/INCIDENTAL CHARGES
Hotel and villa operators reserve the right to collect up to a per person refundable security deposit upon check-in. This deposit, minus any housekeeping charges, will be returned upon full check-out of all room occupants provided that there are no charges or damages to your room. Individual hotel or villa operators reserve the right to change their security deposit policies at any time without notice. In all cases, the STFU travel Participant is responsible for all incidental charges to their hotel room or villa.
XI. CUSTOMER SERVICE/ASSISTANCE
STFU has representatives in most of our Vacation Package and/or Trip destinations. If you require assistance during your Vacation Package and/or Trip, please promptly contact one of our on-location representatives who will make every attempt to assist you. In all events, STFU will have its customer service telephone line for you to use to contact us to report a problem relating to your Vacation Package and/or Trip and to facilitate any assistance we may be able to provide for the given circumstance. This Customer service telephone line will only be available during business hours (eastern time) on business days. However, all telephone related costs and expenses shall be paid by the Traveler. NOTWITHSTANDING ANYTHING TO THE CONTRARY, DO NOT CALL STFU OR CONTACT ANY STFU REPRESENTAIVE FOR ANY EMERGENCY. YOU ARE DIRECTED TO IMMEDIATELY CONTACT THE LOCAL AUTHORITIES IN THE EVENT OF AN EMERGENCY. If your problem was not adequately resolved, please email email@example.com within 14 days of your return.
XII. UNUSED VACATION PACKAGES/SERVICES/LEAVING THE VACATION
You will receive no refund for any unused accommodations, flights, or other Vacation Package and/or Trip features if you leave the vacation, regardless of reason.
Luggage allowances and charges vary by carrier. Please review your designated air or ship carrier’s website or call their toll-free number for their current baggage allowance and fee schedules and regulations concerning lost baggage. STFU will not be liable for any lost or delayed baggage.
XIV. REMOVAL FROM TRIP
STFU reserves the right to remove You from any Vacation Package and/or Trip if at time during your Vacation Package and/or Trip you violate any law (whether domestic or foreign), are disruptive to others as determined by STFU or if you engage in conduct that is likely to constitute a danger to yourself or others as determined by STFU. In addition, you acknowledge that the hotel and/or villa operators may remove you from the hotel and/or villa for similar reasons. In the event that you are so removed and your continued participation in the Vacation Package and/or Trip is terminated, the return trip travel portion of your Vacation Package and/or Trip through STFU will be cancelled, and you will be responsible for any/all expenses relating to your accommodations from and after such termination/removal date and for all expenses associated with your transportation back to the place of origin. In addition, you will not receive any refund for the remaining portion of your Vacation Package and/or the Trip — all of which shall be forfeited by you.
XV. FIRST AID RESPONDERS
You agree to notify STFU promptly of the occurrence of any injury you may sustain during the course of your Vacation Package and/or Trip; provided however that you recognize and agree that you must immediately contact local emergency personnel for the treatment of injuries or other medical conditions that you may sustain. While your hotel may have (or while STFU may furnish at such hotel) first aid responders, these responders typically can address only very minor injuries such as minor abrasions or cuts and that any injury (including minor cuts and abrasions) must be treated by trained medical personnel. As such you agree to immediately contact all such local emergency medical personnel and seek treatment for any injury and/or medical condition sustained by you. In addition, you acknowledge and agree that any such medical treatment is not part of nor related to your Vacation Package and/or Trip, and therefore, you will be obligated to pay for all charges and expenses that you may incur in connection with any such treatment. You hereby release, waive, discharge and hold harmless STFU from and against any and all claims or actions that you (or anyone claiming under or through you such as your estate) may have and shall indemnify STFU from any and all losses, damages, liabilities, costs and expenses (inclusive of attorney fees and treatment costs) sustained by you (or anyone claiming through you) by reason of any such injury or condition and/or the treatment of such injury and/or condition.
A. FLIGHT/BUS/CRUISE SCHEDULES:
STFU will provide as much information as is available to STFU regarding transportation schedules at the time of your Reservation; provided however, that this information shall be considered by you as tentative and subject to change without notice per the individual carrier’s operating plans. Transportation schedules and travel times are not guaranteed and variations in same may affect the actual length of time you may have at your Vacation Package and/or Trip destination(s). Carrier schedule changes can occur without notice even after tickets have been issued; therefore, you are responsible for re-confirming both outbound and return transportation departure times and (requisite check-in times). Likewise carrier capacities are outside of STFU’s control and therefore STFU cannot guaranty that you will be traveling with your group to and from your Vacation Package or Trip Package destination, and the inability to do so shall not be a breach of STFU’s obligations to you, nor serve as grounds for cancellation of your Reservation. In the rare event your Vacation Package and/or Trip, scheduled and ticketed by STFU, includes an overnight layover in a different city, STFU may, at its option, provide you with a pre-paid hotel accommodation for you for the scheduled layover; but this shall not include layovers caused by flight delays, missed connections, and/or schedule changes by the air carrier after the flights have been reserved. In the event that any air transportation is cancelled for any reason, STFU may, at its option, provide ground transportation to the nearest available airport for you to continue to your destination city. STFU shall have no liability for any travel delays to or from your Vacation Package and/Trip destination or by reason of any Vacation Package or Trip transportation originating from or returning to any airport that is considered a “co-terminal” to your requested departure/return city as set forth in your Reservation (even if such “co-terminal” is different from that set forth in your Reservation. Departure dates and times may change. Carrier is not responsible for delays caused by breakdowns, road conditions, sea conditions, weather or other conditions beyond carrier’s reasonable control.
B. TRANSPORTATION DELAYS:
Transportation delays are unfortunate, but they are a risk in all travel and beyond the control and responsibility of STFU. STFU shall have no liability for any travel delays to or from your Vacation Package and/Trip destination city (or delays in any day trip excursions etc.). You, the Traveler Participant, shall bear the risk of loss for any missed accommodations, lost time at your Vacation Package and/or Trip destination, missed party package events etc. and for the incurrence of additional costs and expenses arising from any travel delay.
XVII. ALCOHOL/ILLEGAL DRUGS
The legal drinking age in Mexico and in most countries in the Caribbean is 18 years of age. In Canada the legal drinking age varies by province. For instance in Quebec it is 18 years old, and all others it is 19 years old. In the United States, the legal drinking age is 21 years old. STFU does not authorize nor condone the use of alcohol or any illegal drugs or narcotics, and does not permit the use of alcohol by those under the applicable legal drinking age and does not authorize nor condone the possession and/or use of illegal drugs and/or narcotics, and any violation by you of these restrictions could result in the early termination of your Vacation Package and/or Trip and your removal from same in accordance with Section XVII above. STFU shall not be responsible for your conduct and/or behavior. While you are a Participant on any Vacation Package and/or Trip, you are required to obey all local laws and customs as pertains to alcoholic beverages and prescription narcotics; and if you elect to use alcohol, you must use (and not abuse) alcohol responsively. Please note that your use of alcohol and/or illegal drugs/narcotics could result in your being engaged in an illegal activity in the jurisdiction that you are in which could lead to your arrest and imprisonment. Should your conduct be such that you are arrested or imprisoned or both, STFU shall be under no obligation to assist you. If you travel with prescription medication, you should make sure that you travel with the proper documentation to support your possession of such medication, and you may need to contact the local governmental authorities to confirm that you can possess such medication in their country and what documentation they will require you to possess for your possession and use of the same. BE GUIDED ACCORDINGLY.
XVIII. BALCONIES AND RAILINGS WARNING!
Balconies and glass doors and panes in and around your room/villa accommodations or otherwise are areas where serious accidents can occur. Height standards for balcony railings in the Bahamas and other countries as well as window/glass strength may not meet those requirements that exist in the United States. Accordingly, you must exercise extreme care and caution when standing close to balcony railings and/or near glass doors and windows, as DEATH AND/OR PERSONAL INJURY could result. YOUR PARTICIPATION IN STFU’S VACATION PACKAGE and/or TRIP IS CONFIRMATION BY YOU TO US THAT YOU WILL ACT AS A MATURE ADULT AND WILL BE RESPONSIBLE FOR YOUR OWN DECISIONS, CONDUCT AND ACTIONS. BY SUBMITTING YOUR RESERVATION AND ACCEPTING THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT, AS MAY BE AMENDED, YOU ARE ACKNOWLEDGING YOUR PERSONAL RESPONSIBILITY FOR YOUR BEHAVIOR AND YOU ARE RELEASING STFU AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LIABILITY RESULTING FROM ANY BODILY INJURY SUFFERED BY YOU OR YOUR DEATH ARISING FROM SUCH DECISIONS, CONDUCT AND ACTIONS, AND YOU (AND/OR YOUR ESTATE) HEREBY AGREE TO INDEMNIFY STFU AND HOLD STFU HARMLESS FROM ANY CLAIM ASSERTED AGAINST STFU AND FOR ANY LIABILITY, LOSS OR OTHER COST INCURRED BY STFU, INCLUDING ATTORNEYS’ FEES TO DEFEND ANY SUCH CLAIM WHEREBY SUCH CLAIM AND/OR LIABILTIY, LOSS AND COSTS ARISES FROM OR RELATES TO YOUR CONDUCT OR ANY ACTION TAKEN BY YOU.
XIX. ACTIVITY RELATED TRIPS & EXCURSIONS (SKIING, SNOWBOARDING, ETC.)
I understand that as part of my Vacation Package and/or Trip, I may participate in excursions that may be scheduled by and/or sponsored through STFU using third party vendors, including skiing, snowboarding, and other winter sports and fishing, boating, quad riding and other warm weather sports/activities (any of the foregoing are referred to as the “activities”); and I acknowledge that these activities involve inherent risks, can be dangerous and that my participation could result in bodily injury and/or death. I agree that despite the risks involved in the activities, and as consideration for being allowed to participate in the activities, I SHALL AND DO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY OR DEATH that might befall me and which is associated with my participation in the activities and/or use of the corresponding facilities relating to the activities by me and others who also are engaging in the activities including use of terrain parks, chairlifts, rental equipment, instruction, racing, traveling beyond the area boundaries and all special events (collectively, “use of the facilities”). I understand that I may encounter various manmade and natural terrain features during participation in the activities or use of the facilities and/or that during the course of engagement in the activities or while at use of the facilities I may encounter others who participate in the activity and who by reason of such participation may cause me to sustain injury and/or death. I understand that I must inspect the conditions, elements and terrain before I engage in the activities or the use of the facilities and evaluate my capabilities (and the capabilities of other participants) and the risks and degree of difficulty before participating. I further acknowledge that throughout the day weather conditions can change which may also affect the risks assumed (for instance snow conditions or wind conditions could change and affect visibility and terrain); and regardless of these variables, I still agree to assume all risk of injury or death arising from my participation in the activities.
XX. PHOTO/VIDEO RELEASE
You hereby grant STFU, and its/their affiliated entities, and each of their successors and assigns, licensees, and/or employees, permission to use and edit in perpetuity any image, likeness or appearance that STFU possesses or has control over of you in any photograph, video, or other media, in any or all of its publications, brochures, advertising and including its websites, without payment or any other consideration. I understand and agree that these materials will become the property of STFU and will not be returned. Accordingly, you hereby irrevocably authorize STFU to edit, alter, copy, exhibit, publish or distribute any such photos or videos that STFU has or may have of the Traveler or any oral statements from the Traveler for purposes of publicizing STFU packages or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness or voice appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my likeness in any e-photograph, videos or voice recordings. I hereby hold STFU harmless from and release and forever discharge STFU from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization and STFU’s use of my likeness in accordance with the foregoing.
I AGREE THAT ARBITRATION IS MANDATORY FOR ANY CLAIM THAT I MAY HAVE ARISING FROM MY RESERVATION AND/OR FROM MY PARTICIPATION IN ANY VACATION PACKAGE AND/OR TRIP AND/OR ANY CLAIM RELATING TO THIS AGREEMENT OR FROM ANY DISPUTE CONCERNING, RELATING, OR REFERRING TO THIS AGREEMENT, STFU’S BROCHURES, WEBSITE AND/OR ANY OTHER LITERATURE CONCERNING MY VACATION PACKAGE AND/OR TRIP, OR ARISING FROM OR RELATING TO THE VACATION PACKAGE AND/OR THE TRIP ITSELF; AND THAT ALL SUCH CLAIMS 0R DISPUTES THAT I HAVE OR MAY HAVE SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION TO BE HELD AND CONDUCTED IN THE COUNTY OF MIAMI-DADE OF FLORIDA, ACCORDING TO THE THEN EXISTING COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). SUCH PROCEEDINGS WILL BE GOVERNED BY SUBSTANTIVE FLORIDA LAW, EXCEPT THAT NEITHER PARTY SHALL HAVE THE RIGHT TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED IN THE AAA CODE). Regardless of the situation or circumstances giving rise to a claim, I waive any right to seek consequential, punitive or exemplary damages against STFU, its owners, members, officers, directors, agents, contractors, subcontractors and employees, for any reason whatsoever and the award of the arbitration may not grant any such relief. I further agree, that in consideration for accepting my Reservation, I agree that STFU’s liability under this Agreement or for any claim or action arising from the Vacation Package and/or Trip shall not be greater than two (2x) times the amount I paid to STFU for such reserved Vacation Package and/or Trip. No joinder or consolidation of your Claim with another person’s claim or a class of persons’ claim is allowed. This arbitration provision shall survive the termination of this Agreement for any reason and/or the expiration of your Vacation Package and/or Trip. If you do not agree to this arbitration provision, then do no submit your Reservation
XXII. WAIVER OF JURY TRIAL
IN CONNECTION WITH ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT, AND/OR ARISING FROM YOUR RESERVATION AND/OR YOUR VACATION PACKAGE AND/OR TRIP, THE PARTIES HEREBY SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL IN ANY SUCH ACTION OR PROCEEDING.
XXIII. EXCLUSIVE GOVERNING LAW AND EXCLUSIVE JURISDICTION
THIS AGREEMENT AND ANY ACTIONS AND PROCEEDINGS BROUGHT HEREUNDER OR BY REASON OF OR RLEATING TO THE VACATION PACKAGE AND/OR TRIP SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. ANY ACTION OR LEGAL PROCEEDING TO ENFORCE ANY PROVISION OF, OR BASED ON ANY RIGHT ARISING OUT OF, THIS AGREEMENT WHERE SUCH ARBITRATION SHALL BE WAIVED BY STFU SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF THE STATE OF FLORIDA, SITTING IN THE COUNTY OF MIAMI-DADE, AND IN SUCH CASE ALL OF THE PARTIES HERETO HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND OF THE APPROPRIATE APPELLATE COURTS IN ANY SUCH ACTION OR LEGAL PROCEEDING AND WAIVE ANY OBJECTION TO VENUE OR JURISDICTION IN CONNECTION THEREWITH.
The invalidity or unenforceability of any part of this Agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this Agreement, or its application to other situations or circumstances. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
Any failure by either Party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms or conditions of this Agreement or any failure by STFU to enforce its rights against all travelers uniformly shall not constitute a waiver of any such terms or conditions and/or a waiver by STFU to enforce this Agreement against you, nor shall such failure affect or impair the right of any party to thereafter require compliance with such terms and conditions in any way or the right of such Party at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.
Except as otherwise expressly provided to the contrary, the rights and benefits herein granted are for the benefit of the Parties hereto. The terms and conditions of this Agreement shall be exclusive of any advertising, marketing or other sales activities of STFU and nothing contained in any of such other materials shall be construed to create any rights that are different from these terms and conditions, and should there be any conflict as between this Agreement (and Exhibit A) with any other material provided or representations made, the terms of this Agreement (and Exhibit A) shall control unless you have a specific written agreement from STFU (signed by an executive officer of STFU) altering these terms and conditions to meet those in any such advertising/marketing materials. STFU is not responsible for printing errors or for documents or agreements signed by non-authorized officers of STFU.
All headings are for convenience only and shall not affect the meaning of any provision of this Agreement.
By accepting these Terms and Conditions, you hereby agree to accept and be legally bound by this Agreement, the attached “Exhibit A”, and all of the terms and conditions contained herein and therein with no exceptions.
XXIX. PARENTAL/LEGAL GUARDIAN NOTIFICATION
You hereby authorize STFU to contact your parents and/or legal guardian when STFU deems it necessary, in its sole discretion, with regard to health issues or any other matter whatsoever relating to my Participation in the Vacation Package and/or Trip and any other package or activities and use of facilities. This authorization supersedes any and all rights of privacy, which privacy regulations shall not apply to STFU for this limited purpose.
STFU’S WEBSITE ALLOWS YOU, YOUR DESIGNATED GROUP ORGANIZER, TRAVEL AGENT, AND/OR YOUR SALES REPRESENTATIVE TO RECEIVE IMPORTANT UPDATES AND NOTICES REGARDING YOUR VACATION PACKAGE AND/OR TRIP. ALL COMMUNICATIONS WILL BE E-MAILED TO YOU AND YOUR ORGANIZER AT THE E-MAIL ADDRESS YOU SUPPPLY TO US WITH YOUR RESERVATION AND IT IS YOUR OBLIGATION TO NOTIFY STFU OF ANY CHANGES TO YOUR OR YOUR ORGANIZER’S E-MAIL ADDRESS (WHICH NOTIFICATION SHALL BE IN WRITING AND SENT TO STFU ELECTRONICALLY). STFU DOES NOT MAIL ANY INFORMATION CONCERNING YOUR VACATION PACKAGE AND/OR TRIP AND/OR YOUR RESERVATION.
I acknowledge that my Vacation Package and/or Trip arranged by STFU is NOT A SCHOOL OR DISTRICT SPONSORED EVENT.
ACKNOWLEDGEMENT: BY CLICKING THE “I AGREE” TAB SET FORTH BELOW, INDICATES THAT I HAVE, ON THE DATE SHOWN, READ AND UNDERSTOOD THIS AGREEMENT AND I ACKNOWLEDGE THAT IT AFFECTS MY RESERVATION AND/OR VACATION PACKAGE AND/OR TRIP AND MY LEGAL RIGHTS AND I AGREE TO BE BOUND BY ITS TERMS. BY MY CLICKING THE “I AGREE” TAB BELOW, ALSO CONFIRMS THAT I HAVE HAD THE OPPORTUNITY TO REVIEW THIS AGREEMENT WITH INDEPENDENT LEGAL COUNSEL, AND UNDERSTAND AND AGREE THAT SUBMITTING THIS RESERVATION AND ACCEPTING THESE TERMS AND CONDITIONS SIGNIFIES MY INTENTION AND AGREEMENT TO RELIEVE AND INDEMNIFY STFU, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SUBCONTRACTORS FROM ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH WHICH I MIGHT SUFFER DURING MY PARTICIPATION IN THE SCHEDULED VACATION PACKAGE AND/OR TRIP (AND ANY RELATED PACAKGES AND ACTIVITIES ); AND THE “I AGREE” TAB FURTHERMORE ACKNOWLEDGES THAT I HAVE READ AND UNDERSTAND AND HEREBY AGREE TO THE TERMS AND CONDITIONS OF YOUR VACATION PACKAGE AND/OR TRIP SET FORTH HEREIN AND AS THE SAME MAY BE MODIFED OR AMENDED BY STFU AT ANY TIME AND FROM TIME TO TIME.