TERMS AND CONDITIONS
TERMS AND CONDITIONS
These Terms and Conditions (the “Terms”) apply to any travel products and/or services from LUXIKA LLC and govern the contractual relationship between you and LUXIKA LLC.
Please carefully read all the terms and conditions of this contract detailed below before booking with LUXIKA LLC (hereinafter, “Company”) as by booking any Product with LUXIKA LLC, or by traveling on a LUXIKA LLC Tour, you acknowledge that you: i) have read and understand these Terms, and ii) indicate your express acceptance of and agree to be bound by these Terms. If you have confirmed a booking on any Products with more than one client named and booked on such booking, you shall be deemed to have accepted these Terms on behalf of all clients named in the booking (including minors and those under a disability) and traveling on or otherwise participating in any Products (hereinafter “you”, the “Client(s)”), and by such travel or participation all passengers indicate their assent to these Terms. The client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking. These Terms constitute the entire agreement between the Client and LUXIKA LLC with respect to the subject matter thereof and supersedes all prior agreements, representations and understandings of the parties, written or oral.
Please note this Terms & Conditions document is valid for all Travels organized in whole by LUXIKA LLC and not in conjunction with any other party or tour operator associated with a given trip.
THE BOOKING CONTRACT
A booking is confirmed and these Terms shall apply when LUXIKA LLC, or an authorized agent acting on LUXIKA LLC’s behalf, have received the applicable deposit from the Client and the Client has received written confirmation from LUXIKA LLC regarding the booking. The Client confirming the booking must be no less than 18 years of age and agrees to provide full, complete and accurate information as requested by LUXIKA LLC to confirm such booking. Any Client confirming a booking on any Products with more than one Client named and booked on such booking represents and warrants to LUXIKA LLC that: i) they have all requisite consents and authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so; ii) the information that they are providing regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with LUXIKA LLC for the purposes of completing the booking; and iii) they will inform all other named Clients on the relevant booking of the applicability of these Terms to the booking and the Clients’ relationship with LUXIKA LLC.
Clients acknowledge by booking a Product and/or agreeing to travel with LUXIKA LLC that the nature of this type of travel requires considerable flexibility and that they will permit reasonable alterations to the Product and/or itinerary by LUXIKA LLC. The Client acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Product will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of LUXIKA LLC.
At any time before a booking is confirmed, LUXIKA LLC reserves the right to increase or decrease brochure prices of any Products. LUXIKA LLC reserves the right to decline any booking, in their sole discretion.
HEALTH CONDITION, ELIGIBILITY AND SPECIAL REQUIREMENTS
All Clients should consult their physician regarding their fitness for travel. Clients acknowledge that they are voluntarily participating in the trip with LUXIKA LLC, which may include strenuous physical activity. Clients acknowledge that they are fully aware of the risks and hazards connected with participation in the trip and/or engaging in Physical Activity, which may include the risk of serious injury (e.g., heart attacks, muscle strains, pulls, tears, broken bones, shin splints, and other illnesses) or death, and clients hereby elect to voluntarily participate in such Physical Activities as part of the trip. All activities are optional and if Clients do not want to participate in an activity they are not required to. LUXIKA LLC is not responsible for providing an alternative activity for the clients if they choose not to participate. The Clients are responsible for obtaining personal travel insurance to cover the activities of the trip. Clients must notify LUXIKA LLC in writing prior to the due date of their final payment for their booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may impact the Client’s fitness to travel, and/or any continuing medical condition. Full disclosure of such information is a condition of traveling on any Product or in any capacity with LUXIKA LLC.
The Clients represent that they are over the age of eighteen (18) and are healthy, in good physical and mental health, and are at a level appropriate to participate in, and are fully capable of participating in the trip. The Clients further attest that they do not suffer from any medical conditions or disabilities that may restrict, limit, prevent, or preclude their participation in the trip, including any Physical Activities. The Clients have consulted with their physician and their physician has authorized their participation in the Trip, including any Physical Activities. The Clients will discuss and address any questions or concerns they may have about their physical or mental health with the appropriate health care professional prior to the Departure Date. If, at any time, the Clients have any doubts about their physical condition or fitness to participate in any aspect of the Trip, they will cease participation in the same and seek appropriate medical attention. Travel packages, as offered by LUXIKA LLC, by its nature may involve visiting remote or less developed regions, where medical facilities may not meet the standards of those found in a Client’s home state or country. The condition of medical facilities in the countries in which LUXIKA LLC operates varies and LUXIKA LLC makes no representations and gives no warranties in relation to the standard of medical care provided by such facilities or medical treatment in those regions. The trips may also includes places where the political, cultural, and geographical attributes of the location present risks and physical challenges that are greater than those present in the Clients' country of residence. The Clients are hereby advised that any medical or evacuation expenses will be their sole responsibility. As a result, LUXIKA LLC requires that the Clients purchase travel insurance with appropriate coverage for their needs. LUXIKA reserve the right in our sole discretion to refuse Clients' participation in the Trip and/or any other activities, due to medical, fitness, or other grounds. LUXIKA LLC also reserves the right to deny participation in the Trip or any related activities at any time to individuals demonstrating behavior that may result in injury to themselves or others. The Clients acknowledge that their decision to participate in the trip is made in full consideration of the foregoing information and that they solely and exclusively assume the risks involved with participating in the trip. IN NO EVENT WILL LUXIKA LLC BE LIABLE FOR ANY LOSSES OR LIABILITIES ARISING FROM OR IN CONNECTION WITH THE CLIENTS' PARTICIPATION IN THE TRIP.
In consideration for participating in the trip, THE CLIENTS VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR AND HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE LUXIKA LLC, ITS OFFICERS, MEMBERS, AGENTS, CONTRACTORS, EMPLOYEES, VOLUNTEERS, GUIDES, AND OTHER REPRESENTATIVES (each a “company party” and collectively, the “company parties”) FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, AND/OR LOSSES (including but not limited to any exemplary, direct, indirect, incidental, special, consequential, punitive, or other damages, medical expenses, lost wages/income, loss of services, lost profits, property damage, pain, illness, and death) (collectively “liabilities”) WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR TRAVEL TO AND/OR PARTICIPATION IN THE TRIP AND/OR ANY ACTIVITIES CONDUCTED IN CONNECTION THEREWITH, REGARDLESS OF WHETHER SUCH LIABILITIES ARE CAUSED BY THE NEGLIGENCE OF ANY COMPANY PARTY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
The Clients acknowledge that they have been advised and requested to obtain travel insurance at the point of booking your place on a trip to cover against Liabilities resulting from trip cancellation or interruption, weather, natural disaster, strike, illness, job reasons, accident, sickness, evacuation, pre-existing medical conditions, baggage delay, loss, theft, and other Liabilities associated with travel and their participation in the Trip. The Clients acknowledge that whether or not they elect to purchase or not purchase travel insurance, they will not look to any of the Company Parties for reimbursement for any Liabilities suffered or occurring during their travel and/or participation in the Trip.
The Client acknowledges that the nature of Product tours may involve some degree of risk to Clients’ health and/or safety. The Client hereby assumes all such risk and does hereby release LUXIKA LLC from all claims and causes of action arising from any damages or injuries or death resulting from these risks inherent in travel, visiting foreign destinations, and participating in adventurous activities such as those included in Product itineraries.
Accommodation, transportation, activities and excursions, and other components of LUXIKA LLC’ Products will be arranged by LUXIKA LLC with suppliers local to the region where the Product operates, who may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation and transport in some countries where Product tours take place are often lower than comparable standards than what the Client may reasonably expect in their home country or region. LUXIKA LLC at all times endeavors to appoint reputable and competent local suppliers and to comply with all applicable laws and regulations concerning health and safety in the regions where Product tours operate. The terms and conditions of all suppliers of Product components will be applicable to the Product component provided by such supplier and are expressly incorporated into these Terms. These may limit or exclude liability of the supplier. The liability of LUXIKA LLC will not exceed that of any supplier of any Product component. The components that make up each Product tour shall be regarded as having been satisfactorily performed and delivered solely in reference to the regulations and laws concerning health and safety in the applicable jurisdiction where such component is operated.
PAYMENTS, REFUNDS AND CANCELLATIONS
a) Total Payment: The Total Payment is due prior to the start date of the Trip (the “Payment Due Date”). Please note the Payment Due Date may vary according to the trip dates. The Clients will be notified of the payment schedule upon booking and payment of deposit. If the Tours are paid in full at the time of initial purchase, 50% (fifty percent) of entire payment will be refunded to client in the event of a cancellation 60 (sixty) days prior to the 1st day of the trip. Cancellations 30 (thirty) days after booking and full initial payment will result in a 75% (seventy five percent) refund of entire payment. If full payment is not received by the due date, LUXIKA LLC may treat the booking of such Product as cancelled and shall retain the amounts paid towards the trip as a cancellation fee, at LUXIKA LLC's sole discretion. The full payment is non-refundable and non-transferable to a different trip.
b) Deposit: If the Tours are paid through an installment payment plan, the Clients have a 30 (thirty) day grace period after the initial deposit is made where a cancellation will result in a refund of all payments made after the initial deposit. 50% (fifty percent) of the deposit will be refunded to clients in the event of a cancellation 60 (sixty) days prior to the 1st day of the trip. The deposit is non-transferable to a different trip.
c) Late Payment: Failure to make a payment within ten days of the agreed upon date is a breach of contract and will result in a $75 (seventy five) late payment charge. Trip reservations will automatically be cancelled after two missed payments. No refund of deposit or payments will be provided to a trip cancelled due to missed payments. LUXIKA LLC maintains the right to assign the spot to the next eligible client on the wait-list.
Any cancellation of a booking and/or a Product by a Client must be delivered to LUXIKA LLC in writing and be acknowledged by LUXIKA LLC in writing. If the Tours are paid in full at the time of initial purchase, 50% (fifty percent) of entire payment will be refunded to client in the event of a cancellation 60 (sixty) days prior to the 1st day of the trip. Cancellations 30 (thirty) days after booking and full initial payment will result in a 75% (seventy five percent) refund of entire payment. If the Tours are paid through an installment payment plan, the Clients have a 30 (thirty) day grace period after the initial deposit is made where a cancellation will result in a refund of all payments made after the initial deposit. 50% (fifty percent) of the deposit will be refunded to clients in the event of a cancellation 60 (sixty) days prior to the 1st day of the trip. It is recommended that clients PURCHASE trip cancellation coverage. Trip cancellation insurance is the only means of receiving reimbursement for flights and other non-refundable expenses should clients cancel their trip for any reason, whether voluntarily or as a result of LUXIKA LLC's actions. Clients agree to not file a dispute or chargeback through their bank and to instead utilize their travel insurance in the event that they can no longer attend the scheduled trip. Clients agree to not file a chargeback in violation of LUXIKA LLC’s Refund Policy. In the event that a chargeback is requested and/or processed, the client agrees to repay LUXIKA LLC for the full amount and be responsible for any fees incurred in recouping payment, including attorney’s fees.
LUXIKA LLC will not cancel a booking on any tour Product once confirmed, in accordance with these Terms, except for reasons of ‘Force Majeure’, which shall be defined as unusual or unforeseen circumstances outside of the reasonable control of LUXIKA LLC. When a tour is cancelled by LUXIKA LLC before the agreed date of departure for reasons not arising from the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:
(i) accepting from LUXIKA LLC a substitute tour Product of equivalent or superior value, where such substitute is reasonably available;
(ii) accepting from LUXIKA LLC a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from LUXIKA LLC the difference in price between the price of the tour originally purchased and that of the substitute tour; or
(iii) accept from LUXIKA LLC a full refund of all monies paid for the cancelled tour Product(s).
LUXIKA LLC is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. LUXIKA LLC reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where, after departure, a significant element of the Product(s) as described cannot be provided, LUXIKA LLC will make suitable alternative arrangements for the continuation of the trip Product(s). If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, LUXIKA LLC will provide the Client a refund of unused Products or Product portions.
UNUSED SERVICES
LUXIKA LLC shall not offer or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of LUXIKA LLC or its LUXIKA LLC Tour Team Members, which shall include any termination of the Client’s participation in the tour Product due to the Client’s own fault, negligence or breach of these Terms.
AUTHORITY ON TOUR & CLIENT RESPONSIBILITY
At all times the decision of the LUXIKA LLC Team member(s) or other designated representative(s) will be final on all matters regarding safety and well being of Clients and operational requirements of the Product tour. By traveling with LUXIKA LLC, the Client agrees to abide by the authority of the Team Member or designated representative. The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Product tour. If the Client is affected by any condition, medical or otherwise, that might affect Client’s ability to travel or participate in adventure travel activities, Client’s enjoyment of the Product tour being booked, the ability to travel or enjoyment of any other Clients on the Product tour, or the treatment to be administered to the Client in any emergency situation, the Client must advise LUXIKA LLC at the time of booking to ensure the health and safety of all Clients who travel with LUXIKA LLC.
Should the Client fail to comply with the above or commit any illegal act when on the Product tour or, if in the opinion of the LUXIKA LLC Team Member (in his/her and/or LUXIKA LLC’ sole discretion), the Client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, LUXIKA LLC may terminate that Client’s travel arrangements on any Product immediately without any liability on LUXIKA LLC’ part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals.
Clients agree that they are responsible for any costs incurred by LUXIKA LLC, LUXIKA LLC’ suppliers or LUXIKA LLC’ partners, as a result of damage, destruction, theft, or excess cleaning fees related to Client’s accommodation, transport, or other use of facilities while on the Product tour. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or a LUXIKA LLC’ representative as soon as possible upon discovery by the Client.
Client agrees to take all prudent measures in relation to their own safety while on any LUXIKA LLC Tour, including, but not limited to, the proper use of safety devices such as seat belts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Client health and safety. LUXIKA LLC shall not be liable for any failure on the Client’s part to comply with this paragraph.
CHANGES
Company reserves the right to make changes to any and all aspects of Trip (which may include without limitation changes to the types and/or timing of activities available during the Trip, the hosts, items and/or services included with the Trip, accommodation, the itinerary, and/or the nature of the Trip) if, in Company’s sole discretion, Company deems it necessary to do so due to conditions that may be hazardous, dangerous, or otherwise adverse or threatening, if an act or omission of a third party prevents any such aspects of the Trip or any portion of the Trip, or for any other reason considered commercially necessary by Company. You will not be eligible for any refunds of any amounts based on any such changes to the Trip
a) Trip details: The itinerary is a general guide to the tour and region and any mention of specific destinations is not a guarantee that they will be visited or encountered, nor does it form part of the contract between the client and the operator. Although the itinerary has been organized with care and details are provided in good faith, LUXIKA LLC may make improvements that stem from, but are not limited to, weather changes, local factors, past travelers’ comments, research and other reasonable factors. As a client, you also expressly acknowledge and assume responsibility for inherent risks associated with physical activities you participate in.
(b) Changes made by LUXIKA LLC: While LUXIKA LLC will endeavor to operate all Products as advertised, reasonable changes in the itinerary of any Product may be made where deemed necessary or advisable for operational reasons by LUXIKA LLC, in its sole discretion. If LUXIKA LLC makes a Material Change (defined as a change affecting at least one (1) in three (3) full tour days of the itinerary, or which materially affects the character of the Product in its entirety) to any Product, LUXIKA LLC will inform the Client(s) booked on such Product of any Material Change as soon as reasonably possible, provided that there is sufficient time before departure to properly notify all affected Clients. If a Material Change is made more than fourteen (14) days prior to departure, the affected Client may elect to:
(i) accept the Material Change and proceed with the amended Product;
(ii) book another Product of equivalent or greater value, if available (Client shall be responsible for paying any difference in price between the amended Product and the Product booked in its place);
(iii) book another Product of a lower value, if available, with a refund payable to the Client of the difference in price; or
(iv) cancel and receive a full refund of all monies paid in respect of the land-only portion of the applicable Product (and for clarity, this shall not extend to additional Products booked by the same Client which are not subject to any Material Change).
The affected Client must notify LUXIKA LLC of their decision in writing within seven (7) days of receiving the notification of alteration, or they shall have been deemed to accept the Material Change and deemed to have agreed to the amended Product itinerary.
If any Material Change arises from reasons of Force Majeure, as herein defined, the Client shall be entitled to recover only the costs of the Product recoverable by LUXIKA LLC.
Once a Product excursion has departed, changes to such Product’s itinerary may be necessary or advisable as a result of unforeseen circumstances or other reasons related to effective Product operation, health, safety, Client enjoyment, or Client comfort. Any such changes are at the discretion of the LUXIKA LLC Team Member and any indirect costs incurred as a result will be the responsibility of the Client. The Client acknowledges that they must have reasonable financial resources to cover incidental expenses on every Product on which they travel, whether or not they arise from a change in the itinerary or from the travel itself, and that LUXIKA LLC shall not be liable for any Client’s failure to prepare adequately for their travel and unforeseen circumstances which may arise during such travel.
LUXIKA LLC will not be liable for any indirect and or consequential losses associated with any changes to a Product’s itinerary.
(c) Changes made by the Client: Client may contact LUXIKA LLC directly by email, to correct any errors in Client’s personal information recorded on their booking. Client is responsible for ensuring that information provided to LUXIKA LLC in making their booking is accurate, up-to-date, and correct. A one-time transfer from one Product tour to another may be exceptionally made one-hundred and twenty (120) days or more prior to departure of the applicable Product for a fee of $199, subject to Product availability and approval by LUXIKA LLC. If such transfer request is approved by LUXIKA LLC and the Client has transferred to (i) a more expensive Product tour, Client shall pay the difference in price between the cost of Client's original Product tour and the new Product tour; or (ii) a less expensive Product tour, Client shall not be eligible for a refund of the difference in price between the cost of Client's original Product tour and the new Product tour. Any request to transfer received less than 120 days before departure of the applicable Product will not be accepted and Client must cancel the Product booking in accordance with the cancellation terms herein and create a new booking for any other Products. The Client may only transfer a booking to a departure date 12 months from the original date of purchase. Any changes to the traveling Client’s name on any Product booking are subject to LUXIKA LLC’s approval and applicable Administrative Fees may apply, which will be payable by the Client.
(d) Other Changes: Any changes to a file will depend on availability and will be on a request basis and subject to LUXIKA LLC’s approval. Any extra costs incurred for making the change will be charged to the Client along with an Administrative Fee. No changes are permitted to any booking within fourteen (14) days of departure of the first Product to depart under the applicable booking.
PASSPORT, VISA, TRAVEL INSURANCE AND RELATED ITEMS
Clients are responsible for obtaining and maintaining a valid passport and all appropriate visas, permits, certificates, and/or other required documentation (“Documentation”) for the countries, jurisdictions, parks, areas, etc. they will visit during the trip. LUXIKA LLC is not be held responsible if clients are denied entry or exit to/from any country or location due to a lack of valid Documentation. Any information or advice given by LUXIKA LLC regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and LUXIKA LLC is not responsible for any errors or omissions in the information provided, or in the information provided to Clients by third parties such as government or travel authorities.
Clients are responsible for obtaining their own travel insurance cover. We recommend and require that clients purchase travel insurance at the point of booking their spot on one of our trips to cover them for the duration of the trip and in the event that for any reason they are unable to attend the trip. Clients are responsible for ensuring that the travel insurance that they choose provides coverage for any and all activities that are part of the retreat. Clients are solely responsible for the cost of any travel insurance and ensuring that they are adequately insured for the full duration of the trip with respect to possible illness, injury, death, property damage, loss of baggage and personal items, cancellation and/or curtailment, and/or any other potential losses, damages, costs, expenses, or liabilities (collectively “Losses”). Clients will be solely responsible for any Losses related to their failure to procure travel insurance. LUXIKA LLC will not be responsible for any Losses they incur and/or sustain. Clients are responsible to ensure that their personal travel insurance covers them for any and all activities that form part of the itinerary of the trip that you are booking.
Please note that all travel documents for Products such as vouchers, itineraries and invoices will be sent electronically and via email to the email address provided on booking. LUXIKA LLC reserves the right to impose an administration fee on those Clients who wish to receive their travel documents by other means.
INDEMNITY & BINDING EFFECT
Clients further hereby agree to indemnify and hold harmless the company parties from any and all liabilities (including without limitation court costs and attorney’s fees) that one or more of the company parties may incur as a result of your participation in the trip, whether caused by the negligence of any company party or otherwise (but excluding any gross negligence or willful misconduct of a company party), to the fullest extent allowed by applicable law.
It is the clients' express intent that this Agreement shall bind the members of their family and spouse, if they are alive, and their heirs, assigns and personal representatives, if they are deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE any of the Company Parties.
VALIDITY
The prices of Products advertised on LUXIKA LLC website are based on costs in effect at the time of posting to the website. LUXIKA LLC reserves the right to alter prices of any Product at any time prior to receipt of payment in full for such Product. All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may be levied in accordance with the sections mentioned, above. Changes, revisions, or other amendments may be made to the particulars contained on LUXIKA LLC website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment.
ACCEPTANCE OF RISK
The Client acknowledges that depending on the nature of the Product booked, or the location(s) in which such Product is to operate, there may be a significant degree of personal risk involved in travel on the Product. There are dangers inherent to adventure travel generally and Client acknowledges they have considered such risk to health and safety and are willing to assume it, by confirming their booking of such Product. The Client acknowledges she or he has considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to travel under such conditions. The Client acknowledges and agrees that LUXIKA LLC is not responsible for providing information or guidance to the Client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where Products are operated, and LUXIKA LLC strongly encourages that Clients locate or make contact with their local embassy or consulate in each destination prior to departure on any LUXIKA LLC Product.
IMAGES AND MARKETING
The Client agrees that while participating in any LUXIKA LLC Product, images, photos or videos may be taken by other Clients and/or LUXIKA LLC representatives or LUXIKA LLC Team Members that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to LUXIKA LLC, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.
REFUSAL OF SERVICE
LUXIKA LLC retains the right to refuse service to any Client at any time, for any lawful reason whatsoever, in its sole discretion.
AMENDMENTS
LUXIKA LLC reserves the right to update and/or alter these Terms at anytime, and shall post the amended Terms on the LUXIKA LLC website. Any such amendment shall take effect seven (7) days following its posting to the LUXIKA LLC website. The latest Terms, as amended, may be accessed any time on LUXIKA LLC's website, or will be sent to Client upon their written request to LUXIKA LLC. Clients shall be deemed to have accepted any amendments to these Terms on the date that is seven (7) days after their posting on the LUXIKA LLC's website. LUXIKA LLC recommends that all Clients refer to the Terms prior to their travel to familiarize themselves with the most up-to-date version hereof.
MISCELLANEOUS
(a) Clients purchasing from the waitlist must purchase from the full payment plan. Unless otherwise mentioned, roommates will be selected at random.
(b) Payment Plans. On your payment due date, LUXIKA LLC will deduct Client's payment from the payment account Client designated at the time of purchase or as updated thereafter. Automatic payments will be debited from Client's designated account on the payment due date indicated and agreed upon on Client's account.
This Agreement constitutes the entire agreement between the Clients and LUXIKA LLC, and supersedes any prior agreement, regarding the subject matter herein. Clients acknowledge and represent that no oral representations, statements, or inducements, apart from those set forth herein, have been made to you by any Company Party.
Force Majeure. If LUXIKA LLC is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of any Act of God, strike, trade dispute, fire, inclement weather, breakdown, interruption of transportation networks/means, government or political action, acts of war or terrorism, acts or omissions of a third party, or for any other cause whatsoever outside of Company’s reasonable control, LUXIKA LLC will be under no liability whatsoever to the clients and may, at company’s sole discretion, by written notice to them, either cancel the trip or take any other reasonable action. Under such circumstances the clients will not be eligible for a refund of any amounts paid to the Company for the trip, and in no event will the Company be responsible for any other amount, including preparation costs, airfare, travel documents, or any other Losses or claimed damages.
Choice of Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with Maryland Law and shall be subject to the exclusive jurisdiction of Maryland .
Interpretation. Clients acknowledge and agree that this Agreement, including the releases and waivers of liability herein, are intended to be as broad and inclusive as permitted by applicable law.
Waiver. The failure or delay by LUXIKA LLC to enforce or exercise any provisions of this Agreement shall not constitute or be deemed a waiver of such provision or any other provisions herein. Furthermore, any waiver or breach of any provision of this Agreement shall not amount to a waiver of any other provision.
Headings. The headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions herein.
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