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This web site, www.cobaltescapes.com (the “Site”) is owned and maintained by Cobalt Escapes, LLC (the “Company”). By accessing or using this Site, you unconditionally agree to be bound by all of the terms, conditions and notices contained in this Site User Agreement. These general terms and conditions in this agreement are referred to as this “Agreement.”
The Company offers a variety of hotels, tours, tickets, car rentals, and services (“products”) through the Site and through designated partner websites (hotel and car rental affiliated websites). Because our Terms & Conditions contain legal obligations, we encourage you to read them carefully. They form the basis on which bookings are accepted by the Company.
Unless otherwise stated, purchases made through the Site are subject to these Terms & Conditions. In all booking arrangements, the person making the booking shall be deemed to have accepted these conditions on behalf of the persons named in the booking.
No variation to these Terms & Conditions shall be of any effect unless made in writing by and with the authority the Company.
Terms of Use
1. By using the Site, you agree to be legally bound by these terms, which shall take effect immediately.
2. If you do not agree to be legally bound by all the following Terms & Conditions, please do not access and/or use the Site.
3. Company may change these Terms & Conditions at any time by posting changes online. Please review these Terms & Conditions regularly to ensure you are aware of any changes made by Company. Your continued use of Site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
4. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use Site content (inclusive of text, images, URLs, pricing information, etc.) in any way except for your own personal, non-commercial use. Any other use of Site content requires the prior written permission of Company. (Also, see Copyright section below)
5. You agree to use Site only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of Site.
6. Your use of Site is intended for personal, noncommercial use and/or to make legitimate requests to book the products or services offered. You agree not to use this site to make any speculative, false or fraudulent requests. You agree not to use robots or other automated means to access this site, unless specifically permitted by Company.
7. You represent and warrant that you have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party.
8. We grant you permission to use the site subject to the restrictions in these Terms & Conditions. In accessing or using the site, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Company does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the site at your own risk.
User Information
In order to use certain services or features on the Site (such as the “Contact Us” feature, or to sign up to receive email notifications from the Site), you may need to submit certain personal information to the Site. The company’s information collection and use policies with respect to user information are set forth on the Site’s Privacy Policy, which is incorporated herein by reference for all purposes. You agree to provide only true, accurate, current and complete information on the Site.
Copyright
The Company owns or is lawfully entitled to all of the copyright in this Site. All other intellectual property rights are reserved.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from this Site. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
Product Changes and Amendments
• All products, tours and services offered by Company are valid as per the dates displayed on Site. Company is not responsible or liable for any information that it does not directly provide.
• All requests for changes must be directed to a Customer Service Concierge via phone call by calling our toll free number or by submitting a request through email. We will then process the request and notify you by email of the revision to your booking.
◦ Company does not charge a fee to amend or change the dates of an existing booking, as long as the request is received by our Customer Service Concierge team more than three (3) days ahead of your confirmed tour/travel date.
◦ It is not possible to change or modify a special event, theater or show ticket. Sales of these tickets are final and cannot be amended once your original purchase is confirmed.
◦ All other date-change requests and amendments are subject to availability by our suppliers and/or service providers; Company cannot guarantee the success of any date-change request.
◦ If you request a date change within three (3) days or less of your confirmed travel date, Company will attempt to honor your request; however changes made three days or less from your original tour/travel date may be subject to an additional fee.
◦ If you make a purchase using a Company promotion code, or if you accept a discount or special-offer price during the Site checkout process, you may invalidate your discount or special-offer price by making any changes or amendments to your itinerary once your purchase is complete. Company may decide, at its sole discretion, to honor your discount or special-offer pricing if you make a post-purchase change or amendment to your itinerary. However Company reserves the right to invalidate your discount or special-offer pricing if you make any changes to your confirmed itinerary.
• Occasionally our suppliers and/or service providers make changes to tour dates, prices, inclusions, coverage, age requirements, etc. As a result, Company reserves the right to cancel, change or substitute any service, tour, ticket or product that you have booked at Site, at any time, for any reason.
◦ In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price.
◦ Notwithstanding the above, when we are informed in advance by our agents, service providers and/or suppliers of a significant change to a booking and/or to a tour, product or event, we make every reasonable effort to notify the consumer, travel agent and/or distributor as appropriate, in order to amend or re-issue the booking where feasible.
Pricing & Inclusions/Exclusions
• Tour prices listed on Site are per person, unless otherwise specified. Hotel room prices are based on double occupancy (unless otherwise noted).
• Prices are based on USD Currency
• Price quotations are subject to change without notice, until a booking has been confirmed.
• Unless otherwise specified, prices do not include any local taxes or use-fees or park fees
• Prices do not include tips/gratuities to personal concierges, tour directors, drivers or local guides. Any items of a personal nature; and any beverages or food not specifically listed under “Inclusions” on the product pages of Site.
Payments and Cancellations
• Company accepts the following credit cards: MasterCard, Visa, American Express, Discover, JCB or Diners Club.
◦ There is no charge or service fee for processing credit-card payments.
◦ Full payment by credit card is required to make a reservation. Payment will be listed as Cobalt Escapes, LLC on your credit card statement.
• No refunds are available once a tour or service has commenced, or in respect of any package, accommodation, meals or any other services utilized.
• Canceling a booking with Company can result in cancellation fees being applied by Company, as outlined below. Additional fees may be levied by the individual supplier/operator (see your Cobalt Voucher for specific details). When canceling any booking you will be notified via email of the total cancellation fees.
◦ Tour Products & Services
▪ As noted on the tour booking form on this website and on your final confirmation, if you cancel in advance of the scheduled departure or commencement time (unless otherwise noted on Site and/or your confirmation), there is no cancellation fee other than a processing fee.
▪ If you cancel prior to the scheduled departure or commencement time (based on the cancellation policy noted on the website and on your emailed confirmation), you will be charged a 100% cancellation fee.
◦ Event, Attraction, Theater, Show or Coupon Ticket
▪ These are non-refundable in all circumstances.
◦ Gift Certificate
▪ These are non-refundable in all circumstances.
◦ Tour or Package Commencing During a Special Event Period
▪ These are non-refundable in all circumstances. This includes, but is not limited to, Trade Fairs, Public or National Holidays, School Holidays, New Year’s, Thanksgiving, Christmas, and Easter.
• All requests for cancellation must be directed to a Customer Service Concierge via phone call by calling our toll free number or by submitting a request through email. We will then process the request and notify you by email of the cancellation to your booking.
Travel Insurance
We recommend that you purchase a comprehensive Travel Insurance Policy prior to departure. If you cancel your trip or significantly alter travel dates, many policies will reimburse the cost of cancellation fees and related expenses.
Disclaimers & Limitations on Liability
1. Under no circumstances will Company or its agents, affiliates, service providers, suppliers, and/or distributors be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Site regardless of the form of action.
2. Company and its agents and suppliers, in making arrangements for hotels, tours, transportation or any service in connection with the itineraries of individual customers, shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act of default by any hotel, carrier or other company or person providing services included in the tours.
3. Furthermore, Company and its agents and suppliers accept no responsibility for any sickness, pilferage, labor disputes, machinery breakdown, and government restrains, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control.
4. Company’s content – including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating to Company or its Site, service provider, operator and/or distribution partner – is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
5. We check and recheck the details about all the products and services we offer for accuracy. However, Company does not warrant that functionality, content or information contained on Site will be uninterrupted or error free, that defects will be corrected, or that Site or the servers that make it available are free of viruses or bugs.
6. Some types of communication with Company after you have made your purchase are in English.
7. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
Indemnification
You agree to defend, indemnify and hold Company management and its affiliated directors, officers, members, partners, employees, agents and representatives harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising in any way from (i) your use of the Site or the Site Content, (ii) your Submitted Materials, in whole or in part, or (iii) your breach or violation of law or this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.