A Mouse and A Beach Travel Co.
Terms and Conditions
1. Acknowledgement. These are the Terms and Conditions (“Terms”) governing the use of any service from A Mouse and A Beach Travel Co. (“A Mouse and A Beach” or “Travel Company”) and set out the rights and obligations of all users regarding the use of the Travel Company’s online and offline travel planning services (collectively “Services”), including all visitors, users and others who access or use the service (“Client” or “Clients”). By using Travel Company’s Services in any capacity, Clients agree to be bound by these Terms.
2. Agent for Vendors. Travel Company may act as a sales agent, vacation planner, or coordinator for any airline, hotel, car-rental company, tour operator, cruise line, or other service provider (“Vendors”) named in Client’s itinerary or confirmation. Travel Company is not responsible for the acts or omissions of the Vendors or their failure to adhere to their own schedules, provide Services or refunds, financial default, or failure to honor future trip credits. Travel Company has no special knowledge regarding the financial condition of the Vendors.
3. Limitation of Liability; Vendors. Travel Company does not own or operate any of the Vendors that will be supplying any travel accommodations, housing accommodations, rentals and other Services that Travel Company will be arranging for Clients under these Terms. Therefore, Travel Company shall not be responsible for any intentional, careless or negligent actions or omissions, errors, default or insolvency on the part of such Vendors, which result in any loss, damages, delay or injury to Client or any employees or representatives of Client who may utilize the Travel Company’s Services hereunder. Travel Company does not give any representation or warranty with respect to any part of such Vendor’s Services. In the event of any default with respect to the Services of any Vendor, Client's sole recourse shall be with such Vendor, subject to such Vendor’s terms and conditions.
4. Limitation of Liability; Damages. In no event shall Travel Company be liable under these Terms to client for any incidental, consequential, indirect, statutory, special, exemplary or punitive damages, including, but not limited to, lost profits, loss of use, loss of time, inconvenience, lost business opportunities, damage to good will or reputation, and costs of cover, regardless of whether such liability is based on breach of contract, tort, strict liability or otherwise, and even if advised of the possibility of such damages or such damages could have been reasonably foreseen. Travel Company shall not be responsible for any injuries, losses or damages in connection with terrorist activities, mechanical or structural integrity of air, sea, rail and ground transportation, diseases, bankruptcy or cessation of a Vendor or transportation or travel services, climatic conditions, changes or cancellation of travel due to weather conditions, hotel services, accidents or health related problems before, during or after travel or any other actions, omissions, or conditions outside of Travel Company’s control.
5. Limitation of Liability; Indemnification. Client hereby expressly understands and assumes all risks and inherently dangerous activities associated with domestic and international travel, and hereby expressly agrees to forever release, discharge, and hold Travel Company, and Travel Company’s employees, officers, directors, agents, subsidiaries and affiliates, harmless against any and all damages, claims, losses, fees, assessments, charges or penalties incurred by or charged to Client as a result of any claim, cause of action, lawsuit, or assessment by any third party claim against Travel Company. Indemnification shall apply whether or not Travel Company has been negligent. Client indemnifies Travel Company for any amount, and up to the total aggregate amount of damages.
6. Force Majeure. Travel Company shall not be liable hereunder for any failure, delay, or inability to perform any of its Services under these Terms if such failure, delay, or inability of performance is beyond Travel Company’s control including, without limitation, labor disputes, civil commotion, terrorists acts, war, fires, floods, inclement weather, pandemics, epidemics, local disease outbreaks, public health emergencies, communicable diseases, quarantines, governmental regulations or controls, casualty, strikes, acts of God, or any other events or circumstances not within reasonable control of the party affected, whether similar or dissimilar to any of the foregoing. In such event, Travel Company shall be excused from its obligations for the period of the delay and for a reasonable time thereafter. Travel Company shall use reasonable efforts to notify the other party of the occurrence of such an event within five (5) business days of its occurrence. If Travel Company’s performance under these Terms cannot be resumed within thirty (30) days, Client may provide notice of termination of these Terms with no further obligation or liability other than Client's payment for Travel Services that have been properly rendered through the date of termination.
7. Vaccination Requirements. Client assumes full and complete responsibility for COVID-19 related requirements that travel suppliers and governments may impose from time to time, such as required vaccinations, health affidavit forms, COVID-19 screenings prior to departure or upon arrival, face coverings, or quarantines.
8. Foreign Entry. Client assumes full and complete responsibility for checking and verifying any and all passport, visa, or other entry requirements of Client’s destination and connecting points, and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination.
9. Fees and Expenses. Pursuant to the Parties Agreement for Services, Client agrees to pay Travel Company and all Vendors, as applicable, for any services provided. Travel Company’s planning fees are non-refundable. In addition to any fees, Client agrees to reimburse Travel Company for all expenses reasonably incurred by Travel Company in connection with its performance of the Services.
10. Ownership of Work Product. The copyright in all materials created under these Terms for Client shall belong to the Travel Company. All intellectual property rights in all pre-existing work and other materials and developments made, conceived, created, discovered, invented or reduced to practice in the performance of the Services hereunder are and shall remain the sole and absolute property of the Travel Company.
11. Confidentiality. The parties acknowledge that to perform the Services one party may disclose to the other confidential and/or sensitive information ("Confidential Information"). Confidential Information shall mean all information disclosed to either party which is private, and either proprietary or confidential in nature and related to a parties business or activities including, but not limited to, financial, legal, technical, marketing, sales and business information, which is marked or unmarked as confidential or due to the nature of the information or the circumstances of disclosure, would be understood by a reasonable person to be confidential. Parties shall only use Confidential Information in furtherance of its performance of any agreements between the parties.
12. Insurance. For Client’s protection, Travel Company strongly recommends that Clients purchase trip cancellation and travel accident insurance. Any claim resulting from an act or event that renders Client unable to take advantage of Travel Company’s Services shall be resolved by Client’s travel insurance. If travel insurance does not cover any claim, or part of a claim, made by Client, Travel Agency is not liable for any damages, fees, or other costs. No representation or description of any insurance policy made by Travel Company constitutes a binding assurance or promise about the insurance including epidemics and pandemics. Client agrees to hold Travel Company harmless for Client’s election not to purchase travel insurance or for any denial of claim by travel insurer for any claim under the policy, including any COVID-19 related claims.
13. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its conflicts of law principles and shall be binding upon the parties hereto in the United States and worldwide. The parties hereby agree that any action arising out of these Terms will be brought solely in any state or federal court located in Knox County, Tennessee. All parties hereby submit to the exclusive jurisdiction and venue of any such court.
14. Notices. Unless otherwise agreed to by the parties, all notices shall be deemed effective when received and made in writing in person or delivered via first class mail to the party’s last known address. Electronic notice shall be sufficient if receipt is acknowledged.
15. Termination. Travel Company has the right to deny, suspend, or terminate Client’s access to Services, or to any features or portions of the Services, at any time and for any or no reason and without notice given to Client. In the event that Travel Company denies, suspends or terminates Client’s access to use of the Services, said Client will continue to be bound by the Terms that were in effect as of the date of the denial, suspension, or termination. In the occurrence of this event, Client understands and agrees that they shall receive no refund or exchange for any fees for any portion of the Services.
16. Survival. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, any ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability.
17. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.
18. Entire Agreement. In addition to these Terms and Conditions, Client may receive a written invoice during the provision of Services. If so, such invoice will be controlling. These Terms, together with the invoice if any, and any additional terms and conditions specifically referenced herein, constitute the entire agreement between the Travel Company and Clients in respect to the Services.