Effective Date: June 12, 2024

Welcome to LuxLav Travel, a leading luxury travel planning and management agency based in Texas. Hereinafter referred to as “the Agency,” “LuxLav,” “we,” “us,” or “our,” our platform is dedicated to providing top-tier travel and booking services to our esteemed clients. By signing or authorizing payment, you agree to these Terms and Conditions on behalf of yourself and each Traveler included in the same booking who share the same household. As the Lead Traveler, you represent all Travelers in your household for the booking. By agreeing to these Terms, you confirm that you have shared these Terms with all Travelers and obtained their written consent, which you will promptly provide to the Agency upon request.

You are responsible for booking, confirming, and paying for all reservations well in advance of your travel dates to ensure availability, avoid late-booking fees, and prevent fare increases. The text of these Terms is conspicuous, and it is your responsibility to thoroughly read and understand them before accepting our Booking Services or Travel Services. We reserve the right to correct pricing or booking errors at any time.”

These Terms of Use apply to all users, and it is essential that you familiarize yourself with them before using our platform. If you do not agree with any part of these terms, we kindly request that you refrain from accessing the site or using any of its services. Please note that any new features or tools introduced on the platform will also be subject to these terms. To access and utilize the platform, you must be at least eighteen (18) years old. By using this platform, you acknowledge that you have reviewed and consented to these Terms of Use, which constitute a legally binding agreement governed by the laws of the State of Texas between you and LuxLav Travel. The terms “you,” “your,” “yourself,” or “Traveler” refer to the individual or entity identified as the user upon registration on the platform.

1. ACCEPTANCE OF TERMS AND PRIVACY POLICY:

1.1 By agreeing to this document, submitting your personal information and trip details, or using LuxLav Travel Services, you accept these Terms and Conditions. You confirm that you have read, understood, and agree to comply with our Terms of Use and Privacy Policy. Your acceptance signifies your consent to these terms and policies, which govern your use of our luxury travel planning and management services. If you do not agree with any part of the Terms of Use or Privacy Policy, you must refrain from using the Site.

2. USE OF THE PLATFORM TERMS:

2.1 You may use the LuxLav Travel Platform solely for lawful purposes and in accordance with these Terms.

2.2 You agree not to: a) Engage in any unauthorized commercial use of the Platform or its content; b) Interfere with the security of the Platform or attempt unauthorized access to the Platform or its server systems; c) Use the Platform to transmit any illegal, harassing, defamatory, obscene, or otherwise objectionable material; d) Violate any applicable laws or regulations; e) Impersonate others or provide false information; you must provide accurate and up-to-date information; f) Engage in unlawful, misleading, or fraudulent activities; g) Misuse reporting, dispute, or appeals channels by making fraudulent or groundless claims; h) Attempt unauthorized creation of accounts or collection of information; i) Sell, license, or purchase any data from our Service; j) Post someone else’s private or confidential information without permission.

2.3 LuxLav Travel reserves the right, without obligation, to: a) Modify or terminate the Platform or its Services in whole or in part; b) Limit or terminate your access to any part of the Platform or its Services; c) Refuse, move, or remove any content available on the Platform or any material you submit to it.

2.4 LuxLav Travel retains all rights to content protected by intellectual property that we provide through our Service.

3. ACCESS TO THE SERVICE:

3.1 License to Use:

Subject to your acceptance of and adherence to this Agreement, LuxLav Travel grants you a non-exclusive, non-transferable, and revocable limited license to use our services. Your use of the services is contingent upon your compliance with this Agreement. Any use of the services in violation of this Agreement will be considered an infringement of LuxLav Travel’s intellectual property rights. Any breach of this Agreement will result in the termination of your access to our services.

3.2 Changes and Modifications

Any new features or services introduced at our sole discretion will also be subject to this Agreement. LuxLav Travel reserves the right to change, modify, suspend, or discontinue any aspect of the service at any time. Such changes can occur for any reason and are not limited to breaches of this Agreement. LuxLav Travel may impose limits on certain features or restrict or prohibit your access to parts or all of the service without prior notice or liability. You agree to abide by any rules associated with third-party applications or tools used within the service.

4. THIRD PARTY VENDORS:

4.1 Relationships and Responsibilities:

LuxLav Travel collaborates with independent third party Vendors to provide Travel Services directly to you. These Vendors operate under their own terms, conditions, and management, and are responsible for the delivery of their services. They are not controlled by LuxLav Travel and are not employees, agents, representatives, or affiliates of LuxLav Travel. Your travel documentation will identify each Vendor responsible for your Travel Services, and by paying for these services, you consent to the use of the identified Vendors. It is your responsibility to read and understand the terms and conditions of any Vendor you choose to deal with, including the timely payment of all amounts due and adherence to the Vendor’s rules and restrictions regarding the availability and use of Travel Services.

4.2 Limitation of Liability and Bankruptcy:

a) LuxLav Travel is not liable for any Vendor’s breach of contract, failure to comply with laws, or any willful or negligent acts, errors, or omissions, which may result in delays, inconvenience, costs, loss, damage, injury, or death to you or your companions.

b)  In the event that a Vendor declares bankruptcy, they are not obligated to transport you or provide refunds, and they may cease operations entirely. Other Vendors may, but are not required to, provide alternative Travel Services. Payments made to LuxLav Travel for Travel Services immediately become the property of the Vendors as required by law, and LuxLav Travel is not permitted to provide refunds for Vendors who have declared bankruptcy.

4.3 Vendor Promotions and Compliance:

All Vendor promotions, incentives, and offers are subject to availability, which may change at any time without notice. Compliance with each Vendor’s terms and conditions is essential for the successful provision of Travel Services. Violation of these Terms and Conditions may result in the restriction or termination of access to Travel Services, the cancellation of confirmed reservations, and the forfeiture of any payments already received. If such violations result in fees or penalties for LuxLav Travel, you agree to cover all related costs. By agreeing to these terms, you acknowledge and accept the role and limitations of LuxLav Travel in the provision of Travel Services through third-party Vendors.

5. ELECTRONIC COMMUNICATIONS:

5.1 By utilizing our Services, you agree to receive electronic communications from LuxLav Travel. These communications may include notifications regarding fees, charges, transactional details, and other pertinent information related to the services provided by LuxLav Travel. These electronic communications form an integral part of your interaction with LuxLav Travel, and you receive them as part of your engagement with our services. You consent that any notices, agreements, disclosures, or other communications that LuxLav Travel sends to you electronically fulfill all legal requirements for communication, including those stipulating that such communications be in writing.

6. PRICING AND SERVICE DETAILS:

6.1 At LuxLav Travel, we outline our pricing and what’s included in our services clearly for your convenience. Our pricing at LuxLav Travel is based on the specific details provided in the documentation we furnish to you.

6.2 Planning Fees:

a) To initiate your travel plans, LuxLav Travel charges a non-refundable flat fee of $50.00 per trip or occasion.

b) For the preparation of travel documents, there is an additional non-refundable charge of $30.00 per person.

c) After a 30-minute phone consultation, a $50.00 payment is required. We begin the proposal process only upon receipt of all fees. The deposit covers up to three proposals within a single destination and remains valid for 14 days. Payment of the “Plan To Go” deposit indicates your agreement to these terms. Additional proposals are subject to a $5.00 fee each.

Unless specified in your travel documents, our rates exclude costs such as:

  1. Government fees and taxes related to airports, ports, stations, security, agriculture, customs, immigration, visas, passports, and others.
  2. Personal expenses including meals, beverages, alcohol, minibars, entertainment, seat assignments, upgrades, excursions, hospitality, gratuities, copies, telecommunications, energy, laundry, cleaning, bedding, parking, valet, insurance, taxis, transfers, porterage, departures, travel segments, health services, medical tests or treatments, vaccinations, pharmaceuticals, supplements, and any other personal expenditures.

7. INFORMATION COLLECTION:

7.1 To facilitate our booking and travel services effectively, we gather specific personal details from you, such as birthdates, passport numbers, travel dates, occupation, frequent flyer information, bank accounts, credit cards, and other necessary information for securing travel arrangements. For a comprehensive overview of the information we collect and how it is utilized, please refer to our privacy policy available by clicking here.

8. RESERVATIONS & PAYMENT TERMS:

8.1 Authorization and Payment Processing:

By booking with LuxLav Travel, you authorize us to charge your credit card, debit card, or other designated payment method for all expenses related to your travel arrangements.

8.2 Currency Conversion:

Payments made by travelers in currencies other than U.S. Dollars (USD) will be converted at prevailing exchange rates at the time of payment processing.

8.3 Vendor Payments and Exchange Rates:

Payments to Vendors by LuxLav Travel will also be converted at current exchange rates between USD and the currency of the Vendor’s country.

8.4 Price Fluctuations and Responsibilities:

All prices quoted by Vendors are subject to change, including adjustments due to fluctuations in exchange rates. LuxLav Travel assumes no liability for Vendor price modifications, currency fluctuations, or additional fees related to foreign currency transactions.

8.5 Booking Confirmation and Completion:

A booking for travel services is considered complete only after all required deposits and payments have been received, processed, and confirmed in writing by LuxLav Travel.

8.6 Late Payments and Cancellations:

Failure to make payments by their due dates may result in Vendors canceling all or part of your booking, with deposits or previous payments becoming NON-REFUNDABLE. You are responsible for any increased costs, fees, or penalties imposed by Vendors due to late payments, for which LuxLav Travel bears no responsibility.

8.7 Cancellation Policy:

LuxLav Travel reserves the right to cancel your booking if full payment for booking services or travel services is not received within a reasonable timeframe, at our sole discretion. In the event of rebooking, while we will assist in obtaining any applicable refunds (e.g., utilizing future cruise credits), LuxLav Travel may, at its discretion, impose a NON-REFUNDABLE fee for these booking services.

9. TRAVEL INSURANCE:

9.1 LuxLav Travel advises all travelers to acquire comprehensive travel insurance that covers their travel arrangements, including medical expenses, personal accidents, loss of baggage, trip curtailment, or cancellation. Travel insurance is particularly crucial for international travel. It is the responsibility of the customer to ensure that all travelers have appropriate travel insurance for their journey. LuxLav Travel facilitates the purchase of travel insurance, making it convenient for you to protect yourself. We strongly encourage you to discuss your travel insurance needs with your LuxLav consultant before your departure.

10. HEALTH AND VACCINATIONS:

10.1 LuxLav Travel emphasizes the importance of travelers being informed about health requirements and recommended precautions relevant to their destinations. It is essential for customers to ensure that all travelers carry necessary vaccination documentation. Some countries may require international health certificates, and failure to present required vaccinations and health documentation could result in denied entry.

10.2 We strongly advise travelers to consult with their local physician, travel medical center, or specialized vaccination clinic before embarking on their journey. General health guidance specific to your destination can be accessed through resources provided by the US Government at https://travel.state.gov. Additionally, we recommend checking with the embassy or consulate of your destination country in the US for the latest information on entry and exit requirements before traveling abroad.

11. CHANGES & CANCELLATIONS:

11.1 You are required to adhere to the terms and conditions set forth by Vendors regarding your Travel Services, including any modifications or cancellations, and you agree to bear any associated change or cancellation fees.

11.2 In the event that you modify or cancel a reservation or booking, you may incur:

  1. Agency fees amounting to USD 50.0 per trip, per person, following approval from the lead traveler during the proposal planning phase; and
  2. Additional fees, charges, or penalties imposed by Vendors.

REFUNDS WILL NOT BE ISSUED FOR CANCELLED, UNUSED, OR PARTIALLY USED TRAVEL SERVICES.

11.3 No Shows:

Failure to travel or attend a reservation or booking constitutes a “no show.” Penalties for no shows may encompass fees equivalent to the entire travel cost, as per the terms and conditions outlined by Vendors and Agency policies.

12. REFUNDS, CHARGEBACKS, AND ADJUSTMENTS:

12.1 Upon seeking a refund or adjustment, you must submit a written claim to Agency. All claims must include comprehensive details and supporting documentation of payment. Refunds may not be applicable if you alter or cancel your travel arrangements subsequent to: a) receiving booking confirmation; or b) making full payment for a booking.

12.2 Vendor Terms and Conditions:

Refunds are contingent upon the terms and conditions set forth by Vendors. Vendors may withhold refunds in cases of cancellation due to actual, perceived, or potential threats including terrorist activities, political instability, pandemics, health concerns, or similar events. It is imperative to review and understand Vendor terms and conditions thoroughly.

12.3 Chargebacks and Unauthorized Recollection:

You forfeit the right to initiate a chargeback, except in cases of proven fraud or similar circumstances. If you proceed with a chargeback, reverse charge, or unauthorized recollection of payment without Agency’s explicit consent, Agency reserves the right to levy additional charges, fees, and expenses associated with such actions, including but not limited to legal fees and costs.

13. HOTEL AVAILABILITY AND DEPOSITS:

13.1 Reservations:

Hotel room bookings are confirmed based on availability at the time you reserve.

13.2 Deposits:

Some hotels require non-refundable and non-transferable deposits to secure your reservation. We will inform you promptly if this applies to your chosen hotel and what the prepayment requirements are.

13.3 Amenities and Functionality:

a)While hotels often offer amenities like air conditioning, elevators, specific bed sizes, etc., these are not guaranteed at all properties.

b)Even if amenities like restaurants, bars, fitness centers, or pools are listed for a hotel, their operation during your stay cannot be guaranteed.

13.4 Reimbursement:

The hotel is solely responsible for reimbursing you if a guaranteed amenity is unavailable. While we can help facilitate communication with the hotel, we cannot assume any responsibility for reimbursement. While the Agency may serve as an intermediary, it assumes no responsibility for facilitating such reimbursements under any circumstances.

14. AIR TRAVEL:

14.1 Booking and Name Changes:

When booking air travel through LuxLav Travel, please ensure that all traveler information provided is accurate and matches the identification documents exactly. Airlines typically consider name changes as cancellations, which may result in additional fees or the loss of the booking.

14.2 Baggage Policies and Responsibilities:

It is your responsibility to familiarize yourself with and adhere to the baggage policies of the airlines you are flying with. This includes understanding baggage allowances, fees for excess baggage, and any restrictions that may apply to specific flights.

14.3 Ticketing and Refund Policies:

All airline tickets must be paid in full at the time of booking. Please be aware that airline tickets may be non-refundable and non-exchangeable according to the terms and conditions set forth by the airline. It is advisable to review these policies carefully before confirming your booking.

14.4 Limitation of Liability:

LuxLav Travel acts solely as an intermediary between you and the airlines. We are not liable for any loss, injury, accident, error, or omission that may occur during air travel. This includes but is not limited to schedule changes, delays, cancellations, or additional expenses incurred due to weather conditions, mechanical issues, or operational decisions made by the airlines.

14.5 Safety Regulations:

You agree to comply with all safety regulations and guidelines imposed by the airlines throughout your journey. LuxLav Travel disclaims any responsibility for issues arising from your failure to adhere to airline safety protocols or restrictions.

14.6 Additional Charges and Services:

Certain airline services such as seat assignments, baggage fees, meals, and beverages may require additional charges. These fees are determined by the airline and are subject to change without notice.

14.7 Seat Assignments:

While LuxLav Travel strives to accommodate your preferences for seat assignments, specific seat locations or adjacent seats cannot be guaranteed. Seat assignments are based on availability at the time of booking and payment.

14.8 Aircraft Changes and Adjustments:

Airlines reserve the right to make changes to aircraft types and seating arrangements. LuxLav Travel is not responsible for any modifications made by the airlines or for any additional charges incurred as a result of changes to seat assignments after they have been confirmed.

15. TAXES AND OTHER CHARGES:

15.1 Each supplier reserves the right to impose additional taxes or port charges that may be in effect at the time of travel, even if the fare has already been paid in full. In such cases, LuxLav Travel will be responsible for collecting any increased amounts on behalf of the cruise line or supplier. Furthermore, cruise lines retain the right to alter itineraries or ports of call as deemed necessary. Additionally, travelers may be required to pay local taxes or surcharges at certain airports, which are the responsibility of the traveler.

16. TRAVELER RESPONSIBILITIES AND CONDUCT:

16.1 Responsibility for Actions:

You assume full responsibility for any damages or losses resulting from the actions, errors, or omissions of any traveler in your party during the course of travel arrangements.

16.2 Payment for Damages:

You agree to reimburse the Vendor of travel services for any costs associated with damages or losses caused by the actions of any traveler in your party.

16.3 Indemnification of Agency:

You indemnify LuxLav Travel against any claims, including legal fees and costs, arising from the actions, errors, or omissions of travelers in your party.

16.4 Agency Disclaimer:

LuxLav Travel bears no responsibility for expenses incurred due to traveler conduct, including but not limited to the removal of travelers from any travel service, whether in part or in whole, due to negligence, misconduct, or other reasons.

16.5 Waiver of Claims:

You agree not to hold LuxLav Travel, its owners, employees, agents, or representatives liable for any claims arising from the actions, errors, or omissions of travelers in your party.

16.6 Authority of Authorized Parties:

Any authorized party, including Vendors or their agents, representatives, or travel services, may at their discretion deny you travel services, require you to leave a service, or disembark any transportation if they reasonably believe:

  1. You pose a danger to yourself or others;
  2. Your behavior is disruptive, abusive, harassing, discriminatory, or otherwise adversely affects the safety, security, comfort, or well-being of others;
  3. You fail to comply with instructions or rules.

16.7 Consequences of Determination:

If any of the above mentioned authorized party makes a determination:

  1. You may be left at any stop or location where transportation ceases;
  2. You are responsible for all subsequent costs for accommodation, subsistence, or transportation;
  3. You forfeit any right to refunds for any fees paid for travel services affected.

16.8 Baggage and Personal Items:

You are solely responsible for the security and safekeeping of all your baggage and personal belongings throughout your journey.

17. DISABILITY SERVICES AND SPECIAL ACCOMMODATIONS:

17.1 LuxLav Travel strives to accommodate travelers with disabilities and special needs to ensure a comfortable and enjoyable travel experience. Please inform us in advance if you require non-emergency special services, additional support, or disability accommodations. We will work closely with our Vendors to arrange suitable adjustments, subject to availability and their respective policies.

17.2 For travelers who cannot use their own wheelchairs, mobility devices, or medical equipment, rentals may be available with potential additional charges set by Airlines and other Vendors. Vendors may also have size restrictions for wheelchairs and may impose fees for extra baggage.

17.3 If you travel with a service animal or emotional support animal, advance arrangements and documentation regarding the animal’s health, training, and related factors may be necessary as required by the Vendor. Please note that countries outside the United States and Canada may have different laws, regulations, and standards for accommodating persons with disabilities or special needs. Some destinations may have limited medical facilities, access to prescription medications, or resources to accommodate specific disabilities or special needs.

17.4 Before planning or booking your travel, we recommend consulting your healthcare provider. LuxLav Travel will make every effort to request assistance or arrange appropriate services or equipment for travelers with disabilities or special needs. However, LuxLav Travel cannot guarantee that Vendors will fully meet all traveler requirements.

18. FOOD ALLERGIES:

18.1 Please inform us in advance of any food allergies or dietary restrictions so that we can make appropriate arrangements with our Vendors. While we will make every effort to communicate your dietary needs to the Vendors, we cannot guarantee that all accommodations will be met. Travelers are encouraged to take necessary precautions and carry any required medications or emergency treatments for their food allergies during their travel with LuxLav Travel. You agree not to initiate credit card chargebacks related to food allergies.

19. DESTINATION ENTRY REQUIREMENTS:

19.1 LuxLav Travel advises travelers to be aware of and comply with entry requirements imposed by destination countries. It is your responsibility to ascertain and adhere to the entry laws of each destination, including any restrictions for individuals with criminal records.

19.2 For privacy reasons, LuxLav Travel does not investigate the criminal backgrounds of travelers. In the event of entry denial by a destination country, this circumstance does not warrant cancellation of Travel Services, nor does it justify a chargeback or refund.

20. RESTRICTED PRODUCTS & MATERIALS:

20.1 Compliance with Local Laws:

You are solely responsible for understanding and adhering to the laws and regulations governing restricted products and materials in every destination you visit. This includes, but is not limited to, laws concerning animals and animal products, plants, fruits, vegetables, soil, cultural artifacts, alcohol, firearms, ammunition, knives, cutting instruments, weapons, explosives, and any other restricted or illegal items.

20.2 Drugs and Controlled Substances:

You must comply with all local laws regarding illegal drugs, substances, and paraphernalia, as well as prescription or over-the-counter medications that may be restricted in certain jurisdictions but permissible in others (“Drugs”). Some jurisdictions may require you to carry medical prescriptions issued by a qualified physician.

20.3 Consequences of Non-Compliance:

Possession or use of Drugs in any form during your travel may lead to immediate termination of Travel Services and may result in prosecution by local government authorities or law enforcement agencies. It is your responsibility to ensure full compliance with all applicable laws and regulations regarding restricted products and materials in each destination you visit.

21. TRAVELER IDENTIFICATION & CITIZENSHIP VERIFICATION:

21.1 Secure Flight Information Requirements:

For air travel within the United States, the Transportation Security Administration (TSA) mandates that all passengers provide Secure Flight Passenger Data (SFPD), including their full name as it appears on their government-issued identification, date of birth, gender, and redress number if applicable.

21.2 Name Matching and Identification:

All reservations and travel documents must accurately reflect the name as stated on the Traveler’s government-issued identification. Travelers are responsible for any costs or liabilities arising from discrepancies or denial of travel due to incorrect or mismatched information.

21.3 Travel Documentation and Requirements:

It is mandatory for all U.S. citizens traveling internationally to possess a valid passport that remains valid for at least six months beyond the intended date of return. Travelers must independently verify and secure any additional travel documentation required by Vendors, including specific requirements based on citizenship status, country of origin, destination, and any transit points.

21.4 Minors and Additional Documentation:

Minors (age 17 and under) traveling without an adult, with a single parent, or accompanied by a non-parent adult may be subject to additional documentation requirements imposed by domestic or international airline Vendors. LuxLav Travel advises Travelers to review current TSA guidelines well in advance of their travel dates.

22. PASSPORT, VISAS, AND TRAVEL DOCUMENTATION:

22.1 It is your responsibility to understand and comply with the regulations and requirements governing travel to any destination.

22.2 Documentation Acquisition and Validity:

You must ascertain and obtain the necessary travel documents, including visas, and ensure your passport remains valid for entry and exit from any country you intend to visit.

22.3 Agency Assistance and Limitations:

LuxLav Travel may offer assistance in obtaining required travel documents upon your request. However, the agency cannot be held liable for your failure to possess necessary visas or documentation, nor for verifying the validity of your passport or any other travel document required for entry or exit from any country.

23. ACTIVITY RISKS AND RESPONSIBILITIES:

23.1 Acknowledgment of Risks:

Should you choose to participate in any activity posing potential harm to health, property, or associated costs (“Risk Activity”), you accept full responsibility for your decision and involvement.

23.2 You agree to bear all risks and expenses associated with, and all legal actions stemming from, any Risk Activity undertaken.

23.3 You waive any right to hold LuxLav Travel accountable for any issues arising from your engagement in Risk Activities, releasing the agency from all liabilities, claims, and legal actions connected with such activities.

24. GLOBAL HEALTH AND TRAVEL ADVISORIES:

24.1 Travel Advisory Awareness:

LuxLav Travel advises all travelers to stay informed about global health situations, including pandemics and epidemics, by regularly checking updates from reputable sources such as the World Health Organization (WHO) and relevant government agencies.

24.2 Travel Risk Acknowledgment:

Travelers acknowledge and accept the inherent risks associated with traveling during pandemics or epidemics. These risks may include, but are not limited to, exposure to contagious diseases, travel restrictions, quarantine requirements, and changes in local regulations.

24.3 Agency Recommendations:

LuxLav Travel strongly recommends travelers to purchase travel insurance that covers trip cancellations, interruptions, or medical expenses related to pandemics or epidemics. Additionally, travelers are encouraged to review and understand the terms and coverage of their insurance policies.

24.4 Modification or Cancellation of Travel Services:

In the event of a pandemic or epidemic, LuxLav Travel reserves the right to modify, reschedule, or cancel travel services as necessary to ensure the safety and well-being of travelers. This may include changes due to government advisories, health concerns, or other unforeseen circumstances.

24.5 No Liability for Travel Restrictions:

LuxLav Travel shall not be held liable for any costs, damages, or losses incurred due to travel restrictions imposed by authorities, including but not limited to flight cancellations, itinerary changes, or delays related to pandemics or epidemics.

24.6 Traveler Responsibility:

Travelers are responsible for staying informed about travel advisories, health regulations, and entry requirements for all destinations included in their itinerary. It is recommended to consult official government websites and health authorities for the latest information before and during travel.

24.7 Assumption of Risk:

By booking travel services with LuxLav Travel during a pandemic or epidemic, travelers acknowledge and assume the risks associated with traveling under such conditions, releasing LuxLav Travel from any liability related to pandemic or epidemic-related issues.

25. TRAVEL SAFETY AND HAZARDOUS MATERIALS:

25.1 Regulatory Prohibitions:

LuxLav Travel reminds all passengers that federal law strictly prohibits the carriage of hazardous materials on aircraft, whether in checked luggage or on person.

25.2 Legal Consequences of Violations:

Violations of these regulations may result in severe penalties, including imprisonment for up to 10 years and substantial fines under 49 U.S.C. 5124. For detailed information, refer to the official website https://www.govinfo.gov.com. Prohibited items include, but are not limited to, explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, radioactive materials, paints, lighter fluid, fireworks, tear gases, oxygen bottles, lithium batteries, and radiopharmaceuticals.

25.3 Exceptions and Additional Information:

Certain exceptions apply for small quantities (up to 70 ounces total) of medical and toiletry items carried in checked luggage, as well as specific smoking materials allowed on person. Detailed restrictions on hazardous materials can be found at https://www.tsa.gov.com.

25.4 Insecticide Requirements:

Some international airports require airlines to treat passenger cabins with insecticides before or during flights. For information on these requirements, consult the U.S. Department of Transportation (DOT) list available at https://www.transportation.gov.com.

25.5 Traveler Responsibility:

Travelers are solely responsible for understanding and adhering to all regulations pertaining to hazardous materials and insecticide treatments. It is advised to contact your airline or travel Vendor directly for specific rules applicable to your itinerary and travel plans.

26. DISCLAIMER OF WARRANTIES:

26.1 LUXLAV TRAVEL PROVIDES ITS SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT LUXLAV TRAVEL’S WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.

26.2 ANY MATERIAL, INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH OUR PLATFORM ARE ACQUIRED AT YOUR OWN RISK. LUXLAV TRAVEL IS NOT LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOADS. YOU ARE SOLELY RESPONSIBLE FOR ANY IMPACT OUR PLATFORM MAY HAVE ON THE FUNCTIONALITY OF THIRD-PARTY SOFTWARE OR APPLICATIONS. BY USING LUXLAV TRAVEL’S SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE UPON THE WEBSITE, SERVICES, INFORMATION, OR MATERIALS PROVIDED IS AT YOUR OWN DISCRETION AND RISK.

27. INDEMNIFICATION:

27.1 You agree to indemnify, defend, and hold harmless LuxLav Travel, its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, and third-party partners (collectively referred to as “LuxLav Entities”), from and against any claims, liabilities, damages, losses, costs, expenses, and attorney’s fees arising from:

  1. Your use of LuxLav Travel’s services;
  2. Any violation of these Terms and Conditions by you;
  3. Any content or information you submit, transmit, or make available through LuxLav Travel’s platform;
  4. Your infringement of any rights of another person or entity;
  5. Disputes between you and other users or third parties related to LuxLav Travel’s services;
  6. Breach of any representations or warranties made by you; or
  7. Your violation of any applicable law or regulation.

27.2 You agree to cooperate fully with LuxLav Travel in the defense of any claim subject to indemnification under this clause. LuxLav Travel reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any such matter without LuxLav Travel’s prior written consent.

28. DISPUTE RESOLUTION:

28.1 Negotiation:

In case of any disagreement arising from these Terms or their interpretation, both parties will initially seek to resolve the dispute amicably through good faith negotiation. The parties will engage in sincere efforts to resolve the dispute without formal proceedings. Good faith negotiation will take place with the aim of reaching a mutually acceptable resolution.

28.2 Arbitration:

If the dispute cannot be resolved through good faith negotiation within sixty (60) days, both parties agree to submit the dispute to binding arbitration. The arbitration will be conducted according to the rules of the American Arbitration Association (AAA), presided over by a single arbitrator appointed by the AAA. The arbitration proceedings will be held in Collin County, Texas. The arbitrator’s decision will be final and binding on both parties. Each party will bear their respective costs associated with the arbitration process, unless the arbitrator directs otherwise.

29. AMENDMENTS OF TERMS:

29.1 LuxLav Travel reserves the right to modify, amend, or update these terms and conditions at any time without prior notice. Any changes will be effective immediately upon posting on the LuxLav Travel website or notification through other appropriate means. It is your responsibility to regularly review these terms and conditions to stay informed of any updates. Continued use of LuxLav Travel’s services after amendments constitute acceptance of the revised terms. If you do not agree with the modifications, your sole recourse is to discontinue using LuxLav Travel’s services.

30. LIMITATION OF LIABILITY:

30.1 LuxLav Travel, including its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, and third-party partners such as advertisers, service providers, licensors, consultants, and contractors (referred to collectively as “LuxLav Entities”), shall not be liable for:

  1. Any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of data, profits, or business interruption, arising from contract, warranty, tort, strict liability, or any legal theory, related to these Terms, your access or inability to access LuxLav Travel’s services, or any content therein.
  2. Content, services, or information from websites claiming association with LuxLav Travel but not actually affiliated with or controlled by LuxLav Travel.
  3. Damages or injuries resulting from failures, errors, interruptions, defects, delays, computer viruses, or line failures.

30.2 Our liability is not excluded or limited in cases of unlawful acts, including liability for death, personal injury, negligence, fraud, or fraudulent misrepresentation.

30.3 You acknowledge that these limitations are essential to the agreement and risk allocation between you and LuxLav Travel. If you are dissatisfied with LuxLav Travel’s services or these Terms, your sole remedy is to discontinue use of the services and the website.

31. GOVERNING LAW:

31.1 These Terms shall be governed and interpreted in accordance with federal laws and the laws of the state of Texas, without consideration of its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located in Collin County, Texas, USA, for the resolution of any such claims or disputes.

32. THIRD-PARTY LINKS:

32.1 LuxLav Travel’s platform may include links to websites or services operated by third parties that are not owned or controlled by LuxLav Travel. LuxLav Travel has no authority over, and assumes no responsibility for, the content, privacy practices, or actions of any third-party websites or services. By using LuxLav Travel’s platform, you acknowledge and agree that LuxLav Travel shall not be held liable for any damages or losses, whether direct or indirect, arising from or in connection with your use of or reliance on any such content, products, or services available through any third-party websites or services. We strongly recommend that you review the terms of use and privacy policies of any third-party websites or services that you access.

33. FORCE MAJEURE:

33.1 LuxLav Travel shall not be liable or responsible for any failure or delay in performing its obligations under these Terms and Conditions due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor disputes, civil unrest, government actions, natural disasters, severe weather conditions, pandemics, epidemics, or any other force majeure event.

33.2 In the case of a force majeure event, LuxLav Travel may, at its discretion, suspend, delay, or cancel its obligations under these Terms and Conditions without liability. LuxLav Travel will make reasonable efforts to notify affected customers promptly and to minimize any inconvenience caused. Any payments made prior to the force majeure event may be refunded or credited towards future services, as determined by LuxLav Travel.

33.3 In the event a force majeure event disrupts any of the Vendors involved in your travel arrangements, the affected Vendors retain the sole discretion to modify or cancel any aspect of your itinerary, including but not limited to specific travel arrangements. Please note that such modifications or cancellations may occur without prior notification. Should you require assistance due to an unforeseen accident during your travels, it is your responsibility to assume all financial and logistical burdens associated with any necessary alternative travel arrangements. While we will endeavor to offer support and guidance where feasible, we cannot assume any financial liability related to such situations.

34. ASSIGNMENT:

34.1 You may not transfer or assign this Agreement, in whole or in part, without obtaining our prior written consent. We reserve the right to grant or deny such consent at our sole discretion. Any attempted assignment in violation of this provision shall be null and void. LuxLav Travel retains the unrestricted right to assign this Agreement at any time without prior notice. Notwithstanding the above, this Agreement shall be binding upon and shall inure to the benefit of the permitted successors and assigns of each party.

35. WAIVER:

35.1 Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. We reserve the right to enforce any right or provision at any time in the future. Any waiver of any breach or default of these Terms shall not be deemed a waiver of any subsequent breach or default, nor of the provision itself.

36. SEVERABILITY:

36.1 If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that achieves the original intent as closely as possible.

37. NOTICES:

37.1 Any notices required or permitted under these Terms shall be in writing and shall be deemed to have been duly given if delivered personally, sent by certified mail, by a recognized courier service, or via official registered email of the parties to the addresses provided by each party. Notices shall be deemed effective upon receipt.

38. INDEPENDENT CONTRACTOR:

38.1 LuxLav Travel engages various third-party service providers, including but not limited to tour operators, transportation companies, accommodation providers, and guides (“Service Providers”). These Service Providers are independent contractors and not employees, agents, or partners of LuxLav Travel.

38.2 LuxLav Travel does not control the manner or means by which Service Providers perform their services. Service Providers have the sole discretion to manage their schedules, methods of operation, and personnel.

38.3 LuxLav Travel is not liable for any acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of Service Providers.

39. RELATIONSHIP BETWEEN PARTIES:

39.1 LuxLav Travel and you (hereinafter referred to as “Traveler”) are independent contracting parties. Nothing in these Terms and Conditions shall be construed to create a partnership, joint venture, agency, employment, or any other form of legal association between LuxLav Travel and the Traveler.

40. COUNTERPARTS:

40.1 These Terms and Conditions may be executed in multiple counterparts, each of which shall be considered an original, but all counterparts together shall constitute one and the same agreement. Delivery of a counterpart via electronic means, including email or fax, shall be as effective as delivery of an original signed counterpart.

41. HEADINGS:

41.1 The headings and titles in these Terms and Conditions are provided for convenience and reference only. They are not considered a part of this Agreement and shall not influence the interpretation or application of any provisions herein. Each provision of this Agreement shall stand on its own merits and shall be interpreted independently of the headings.

42. FURTHER ASSURANCES:

42.1 The parties agree to promptly perform any additional acts or execute supplementary documents that may be reasonably required to fully implement and give effect to these Terms. This includes but is not limited to, providing any necessary cooperation, information, or documentation as may be reasonably requested by the other party. In the event of any unforeseen issues arising under these Terms, the parties commit to engage in good faith discussions aimed at promptly resolving such issues in a manner that minimizes any material adverse impact on either party.

43. ENTIRE AGREEMENT:

43.1 These Terms and Conditions, along with any policies or operating rules posted by us on this site or related to the Service, constitute the complete agreement between you and us, governing your use of the Service. They override any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any earlier versions of the Terms and Conditions.

44. CONTACT US:

44.1 To resolve a complaint regarding the Company Services or to receive further information about using the Company Services, please contact us at INFO@LUXLAVTRAVEL.COM.Updated on: June 20, 2024