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Terms and Conditions

Agreement between User and Unforgettable Getaway, LLC

Welcome to www.unforgettablegetaway.com. The www.unforgettablegetaway.com website (the “Site”) is comprised of various web pages operated by Unforgettable Getaway LLC and Unforgettable Getaway SAS. www.unforgettablegetaway.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.unforgettablegetaway.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.unforgettablegetaway.com is a Travel and Tour Sales Site.

We sell tour packages and coordinate travel arrangements for individuals and for groups.

 

By booking a tour with us, you agree to the following terms and conditions. 

 

Tour Operator:

Unforgettable Getaway LLC and Unforgettable Getaway SAS act as a tour operator and arranges tours with various tour operators who are independent contractors and not employees or agents of Unforgettable Getaway LLC and Unforgettable Getaway SAS. While we carefully select our tour operators, we cannot be held responsible for any act or omission of any tour operator, its employees or agents, or any injury, damage, loss, accident, delay, or irregularity that may occur during your tour. We strongly recommend that you purchase travel insurance.

 

Booking and Payment:

To book a tour, you must provide us with your personal and payment information. We accept credit cards, debit cards, and other payment methods as indicated on our website. By booking a tour with us, you authorize us to charge the full amount of the tour to your payment method.

 

Cancellation and Refunds:

Our flexible booking policy lets you cancel and rebook your tour with no added costs up to 24 hours prior to tour start date, giving you added flexibility and peace of mind.

Unforgettable Getaway will issue a full refund if you cancel your tour up to 24 hours before your tour start date. No refunds will be issued for cancellations made less than 24 hours before the tour start date. We strongly recommend that you purchase travel insurance.

 

Changes to Itinerary:

Unforgettable Getaway LLC, Unforgettable Getaway SAS and our tour operators reserve the right to change the itinerary of a tour due to unforeseen circumstances, such as weather conditions or other reasons beyond our control. We will do our best to provide you with alternative options.

 

Health and Safety:

It is your responsibility to ensure that you are physically and mentally able to participate in the tour. If you have any medical or dietary requirements, please inform us at the time of booking. Unforgettable Getaway LLC, Unforgettable Getaway SAS and our tour operators reserve the right to refuse service to anyone who poses a threat to the health and safety of other tour participants.

 

Liability:

Unforgettable Getaway LLC, Unforgettable Getaway SAS, our tour operators, and their employees or agents shall not be liable for any injury, damage, loss, accident, delay, or irregularity that may occur during your tour. You agree to release and hold harmless Unforgettable Getaway LLC and Unforgettable Getaway SAS, our tour operators, and their employees or agents from any and all claims, damages, and expenses arising from your tour.

 

Intellectual Property:

All content on our website, including text, graphics, logos, images, and software, is the property of Unforgettable Getaway LLC and Unforgettable Getaway SAS or our tour operators and is protected by copyright laws. You may not use or reproduce any content without our prior written consent.

 

Governing Law:

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions.

 

Entire Agreement:

These terms and conditions constitute the entire agreement between you and Unforgettable Getaway LLC and Unforgettable Getaway SAS and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

 

Privacy

Your use of www.unforgettablegetaway.com is subject to Unforgettable Getaway LLC and Unforgettable Getaway SAS’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.unforgettablegetaway.com or sending emails to Unforgettable Getaway LLC and Unforgettable Getaway SAS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Unforgettable Getaway LLC and Unforgettable Getaway SAS is not responsible for third party access to your account that results from theft or misappropriation of your account. Unforgettable Getaway LLC and Unforgettable Getaway SAS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under 18

Unforgettable Getaway LLC and Unforgettable Getaway SAS 

does not knowingly collect, either online or offline, personal information from persons under the age of eighteen (18). If you are under 18, you are not allowed to use www.unforgettablegetaway.com.

 

Travel documents

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with the Tour Operator as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by the Tour Operator that is a direct result of your failure to secure or be in possession of proper travel documentation. The Tour Operator does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that the Tour Operator is not responsible for any errors or omissions in this information.

Links to Third Party Sites/Third Party Services

www.unforgettablegetaway.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Unforgettable Getaway LLC and Unforgettable Getaway SAS, and Unforgettable Getaway LLC and Unforgettable Getaway SAS are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Unforgettable Getaway LLC and Unforgettable Getaway SAS are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Unforgettable Getaway LLC and Unforgettable Getaway SAS of the site or any association with its operators.

Certain services made available via www.unforgettablegetaway.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.unforgettablegetaway.com domain, you hereby acknowledge and consent that Unforgettable Getaway LLC and Unforgettable Getaway SAS may share such information and data with any third party with whom Unforgettable Getaway LLC and Unforgettable Getaway SAS has a contractual relationship to provide the requested product, service or functionality on behalf of www.unforgettablegetaway.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.unforgettablegetaway.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Unforgettable Getaway LLC and Unforgettable Getaway SAS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Unforgettable Getaway LLC and Unforgettable Getaway SAS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Unforgettable Getaway LLC and Unforgettable Getaway SAS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Unforgettable Getaway LLC and Unforgettable Getaway SAS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Unforgettable Getaway LLC and Unforgettable Getaway SAS or our licensors except as expressly authorized by these Terms.

 

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Unforgettable Getaway LLC and Unforgettable Getaway SAS have no obligation to monitor the Communication Services. However, Unforgettable Getaway LLC and Unforgettable Getaway SAS reserve the right to review materials posted to a Communication Service and to remove any materials in their sole discretion. Unforgettable Getaway LLC and Unforgettable Getaway SAS reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Unforgettable Getaway LLC and Unforgettable Getaway SAS reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in their sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Unforgettable Getaway LLC and Unforgettable Getaway SAS do not control or endorse the content, messages or information found in any Communication Service and, therefore, Unforgettable Getaway LLC and Unforgettable Getaway SAS specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Unforgettable Getaway LLC and Unforgettable Getaway SAS spokespersons, and their views do not necessarily reflect those of Unforgettable Getaway LLC and Unforgettable Getaway SAS.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.unforgettablegetaway.com or Posted on Any Unforgettable Getaway LLC Web Page

Unforgettable Getaway LLC does not claim ownership of the materials you provide to www.unforgettablegetaway.com (including feedback and suggestions) or post, upload, input or submit to any Unforgettable Getaway LLC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Unforgettable Getaway LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Unforgettable Getaway LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Unforgettable Getaway LLC’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by Unforgettable Getaway LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Unforgettable Getaway LLC Content accessed through www.unforgettablegetaway.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Unforgettable Getaway LLC and Unforgettable Getaway SAS, their officers, directors, employees, agents, contractors, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Unforgettable Getaway LLC and Unforgettable Getaway SAS reserve the right, at their own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Unforgettable Getaway LLC and Unforgettable Getaway SAS in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Unforgettable Getaway LLC and Unforgettable Getaway SAS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

Each customer is required to comply with the terms, conditions, requirements, laws, rules and/or regulations of any service provider, or any country or governmental authority, and shall be liable for any such non-compliance.

The customer acknowledges and understands that there are inherent risks associated with outdoor and indoor activities including serious bodily injury or even death. The customer agrees that Unforgettable Getaway, LLC cannot be held responsible for any injuries, damages, or losses suffered by the customer while participating in a trip organized or led by Unforgettable Getaway, LLC and agrees to “hold harmless” Unforgettable Getaway, LLC as well as any and all of its employees, partners, contractors, or principals.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. UNFORGETTABLE GETAWAY LLC AND UNFORGETTABLE GETAWAY SAS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

UNFORGETTABLE GETAWAY LLC AND UNFORGETTABLE GETAWAY SAS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. UNFORGETTABLE GETAWAY LLC AND UNFORGETTABLE GETAWAY SAS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UNFORGETTABLE GETAWAY LLC AND UNFORGETTABLE GETAWAY SAS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UNFORGETTABLE GETAWAY LLC AND UNFORGETTABLE GETAWAY SAS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Unforgettable Getaway LLC and Unforgettable Getaway SAS reserve the right, in their sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Unforgettable Getaway LLC and Unforgettable Getaway SAS as a result of this agreement or use of the Site. Unforgettable Getaway LLC and Unforgettable Getaway SAS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Unforgettable Getaway LLC and Unforgettable Getaway SAS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Unforgettable Getaway LLC and Unforgettable Getaway SAS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Unforgettable Getaway LLC and Unforgettable Getaway SAS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Unforgettable Getaway LLC and Unforgettable Getaway SAS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes and Cancellations by Us

(a) Generally. While we will always try to avoid alterations and cancellations of all confirmed itineraries, to the maximum extent permitted by applicable laws, we reserve the right to do so as more particularly discussed in this Section and elsewhere in these T&Cs.

(b) Material Changes or Cancellation before First Scheduled Date.

(i) Circumstances (excluding Force Majeure Events, which are discussed in Section 7 below) may require us to make a material change to or cancel your confirmed itinerary or change a material component of your confirmed itinerary prior to the Offering. Material changes may include, without limitation, a change of destination or a change to a lower official classification of accommodation for the entire Offering or a significant part of the time you are on your Offering or substitution of an activity that constitutes an essential part of your Offering. In the case of a cancellation or material change, we will make all reasonable efforts to notify you as soon as practically possible and, if there is such a material change, offer you the following alternatives. Please remember that, as indicated elsewhere, our Services Fees are non-refundable for Bespoke Trips, regardless of which alternative you select below. Also, you must notify us of your choice regarding material changes or cancellation within 7 DAYS OF OUR NOTICE:

(A) accept the proposed modifications, including any resulting increase or decrease in the Total Offering Price. If the Total Offering Price increases, you agree to promptly pay the increase. If the Total Offering Price decreases, you will receive (A) a pro rata refund of any previously paid deposit still held by us (and not yet paid to the applicable Supplier on your behalf) for the modified component (B) any available refund or credit issued by the applicable Supplier (as determined solely by the applicable Supplier’s cancellation policy);

(B) cancel the applicable Offering component and receive (A) a pro rata refund of any deposit still held by us (and not yet paid to the applicable Supplier on your behalf) for the canceled component and (B) any available refund or credit issued by the applicable Supplier (as determined solely by the applicable Supplier’s cancellation policy);

(C) purchase an alternative Offering of a similar standard to that originally purchased or booked. If the new Total Offering Price is more than the original Total Offering Price, you agree to promptly pay the difference. If the Total Offering Price is less than the original Total Offering Price, you will receive (A) a refund of any previously paid deposit still held by us (and not yet paid to Suppliers on your behalf) for the original Offering and (B) any available refund or credit issued by the applicable Supplier (as determined solely by the applicable Supplier’s cancellation policy); or

(D) cancel your Offering entirely and receive (A) a refund of any previously paid deposit still held by us (and not yet paid to Suppliers on your behalf) for the canceled Offering and (B) any available refund or credit issued by the applicable Supplier (as determined solely by the applicable Supplier’s cancellation policy).

In the case of a cancellation, we will offer you the following alternatives:

(E) purchase an alternative Offering of a similar standard to that originally purchased or booked. If the new Total Offering Price is more than the original Total Offering Price, you agree to promptly pay the difference. If the Total Offering Price is less than the original Total Offering Price, you will receive (A) a refund of any previously paid deposit still held by us (and not yet paid to Suppliers on your behalf) for the canceled Offering and (B) any available refund or credit issued by the applicable Supplier (as determined solely by the applicable Supplier’s cancellation policy); or

(F) accept the cancellation without re-booking and receive (A) a refund of any previously paid deposit still held by us (and not yet paid to Suppliers on your behalf) for the canceled Offering and (B) any available refund or credit issued by the applicable Supplier (as determined solely by the Supplier’s cancellation policy).

(ii) If you fail to notify us within the required 7 day period after receiving notice of a material change or cancellation, we will assume that (A) in the case of material changes, you have chosen to decline the change and will consider your Offering (or the applicable Offering component, as you and we agree) cancelled under the terms set forth above or (B) in the case of cancellation, you have chosen to accept the cancellation and not re-book your Offering under the terms set forth above.

(iii) YOU ACKNOWLEDGE AND AGREE THAT IN THE CASE OF A MATERIAL CHANGE OR CANCELLATION, WE HAVE NO RESPONSIBILITY OR LIABILITY FOR (A) REFUNDING DEPOSITS OR OTHER AMOUNTS PAID TO A SUPPLIER ON YOUR BEHALF AND THAT ANY SUCH REFUND OR CREDIT SHALL BE PROVIDED SOLELY BY THE SUPPLIER, (B) REFUNDING OR OBTAINING REFUNDS OR CREDITS FOR DEPOSITS OR OTHER AMOUNTS PAID BY YOU FOR PRODUCTS OR SERVICES (E.G., AIRFARE) BOOKED DIRECTLY BY YOU OR (C) ADVICE OR DIRECTION THAT WE MAY PROVIDE WITH REGARD TO REFUNDS OR CREDITS, INCLUDING, WITHOUT LIMITATION, THE VALUE OF CREDITS OR THE VIABILITY OF SUPPLIERS THAT PROVIDE THEM. YOU FURTHER AGREE NOT TO SEEK TO AVOID CREDIT CARD CHARGES (I.E., CHARGEBACKS) FOR REFUNDS OR OTHER AMOUNTS THAT YOU ARE NOT OTHERWISE ENTITLED TO RECEIVE UNDER THE TERMS OF THIS AGREEMENT.

(c) Material Changes after First Scheduled Date (Including During the Offering). If after you depart, it becomes apparent that a material change (as described above) to the arrangements you have booked will be required because the arrangements cannot be provided as booked, we will make suitable alternative arrangements at no extra cost to you and will, where appropriate and provided that the change in your arrangements has not been caused by a Force Majeure Event, work with you to obtain the difference in value between the arrangements you should have received and the alternative arrangements made via any available refund or credit issued by the applicable Suppliers. In particular, because we neither own nor control the accommodations that you may use, it is possible on rare occasions that we may be advised that your reserved accommodation is not available when you arrive at your destination. In this event, we will endeavor to secure accommodation of at least the same standard in that destination. If only a lower standard is available, you will receive any available refund or credit issued by the applicable Supplier (as determined by the applicable Supplier’s booking terms and conditions) to account for the lower standard.

(d) Non-Material Changes. We may also need to make certain non-material changes to your confirmed itinerary or booking before or during your Offering. Non-material changes may include, without limitation, changing the timing of certain activities without affecting the overall length of the Offering, changing a hotel to a comparable hotel (without additional cost to you) or substituting one activity for a comparable activity (again, without additional cost to you). In such case, we will notify you as soon as reasonably possible and, in any case, sufficiently in advance for you to arrive on time at any changed activities. If the non-material change is made before your Offering begins, we will try to notify you before the first scheduled date, although you acknowledge and agree that we are not obliged to do so and we will have no further liability to you.

(e) Other Cancellations. Please note that we may cancel your Offering or any component of your Offering if you act in such a way as to pose a threat to the safety or enjoyment of other guests or their property, as more particularly discussed in Section 8(g) below. If we cancel a portion of your Offering for this reason, YOU WILL NOT BE ENTITLED TO A REFUND OR CREDIT FOR ANY PREVIOUSLY PAID AMOUNTS.

(f) For Residents of the State of California. If we cancel your Offering (or any component of your Offering), where you are not at fault and you have not canceled your Offering or any component thereof in violation of this Agreement, we will promptly refund all funds you have paid to us for Services not provided unless you advise us otherwise in writing, after cancellation. Please note: this provision does not apply where we have already remitted payment to a transportation Supplier or other registered wholesale seller of travel and we have not received a refund from those Suppliers and also where such Supplier(s) defaults in providing the agreed-upon transportation or service. In this situation, we will provide you with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.

(g) For Residents of the State of Washington. IF WE CANCEL TRANSPORTATION OR OTHER SERVICES TO BE PROVIDED AS PART OF YOUR OFFERING, WHERE YOU ARE NOT AT FAULT, ALL FUNDS YOU HAVE PAID TO US FOR SERVICES NOT PERFORMED IN ACCORDANCE WITH THIS AGREEMENT WILL BE REFUNDED WITHIN THIRTY DAYS OF RECEIVING THE FUNDS FROM THE SUPPLIER WITH WHOM THE SERVICES WERE ARRANGED, OR IF THE FUNDS WERE NOT SENT TO THE SUPPLIER, WE WILL RETURN THE FUNDS TO YOU WITHIN FOURTEEN DAYS AFTER CANCELLATION UNLESS YOU REQUEST THAT WE APPLY THE MONEY TO ANOTHER ACTIVITY OR TRIP.

(h) For Residents of the State of Illinois. If we cancel transportation services through no fault of your own, all sums you have paid to us for transportation services not provided in accordance with this Agreement will be, unless you request otherwise in writing, promptly refunded to you.

Required Insurance

(a) Generally. Please note that it is a condition of our final confirmation of your itinerary or booking and provision of your Offering with us that you and all named persons on your itinerary procure insurance at the time of, or prior, to booking, and it is your responsibility to do so. Travel insurance should be adequate to your needs and provide coverage for, at a minimum, personal injury, death, medical and repatriation costs in the countries that you intend to visit, together with coverage for loss of baggage and valuables, personal liability, delays, cancellations, curtailment of transportation facilities, missed departures and legal expenses for the entire duration of your Offering. You agree to provide us evidence of your required travel insurance upon our request. OUR LIABILITY TO YOU IS LIMITED BY THE INSURANCE YOU ARE REQUIRED TO CARRY AND THIS REQUIREMENT IS A MATERIAL PART OF THE AGREEMENT BETWEEN YOU AND US.

(b) Additional Insurance. Please note that special or additional insurance may be advisable if you intend to scuba dive or undertake any other dangerous sports activities that may not be covered by your general travel insurance. If you are interested in participating in such activities, we strongly recommend that you purchase additional coverage.

(c) Disclaimer of Liability. We will not be responsible or liable if you fail to purchase insurance in violation of this Agreement, purchase inadequate insurance or if you fail to notify your insurance company of any factors affecting your particular requirements for coverage.

Force Majeure.

(a) Neither you nor we will be considered in breach of this Agreement (nor will you or we be liable to the other for damages) if you or we fail to perform (or timely perform) our obligations hereunder, excluding your payment obligations, to the extent such failure is caused by a Force Majeure Event. This includes damages for any component of your Offering that cannot take place due to a Force Majeure Event prohibiting one or more Suppliers from providing their products or services.

(b) If a Force Majeure Event prohibits you from attending or participating in one or more components of your Offering, we will make every reasonable effort consistent with our established practices to (i) find a suitable substitute; or (ii) if we are not able to do so, provide you (A) a pro-rata refund of any deposit still held by us (and not yet paid to the applicable Supplier on your behalf) and (B) any available refund or credit issued by the applicable Supplier (as determined solely by the applicable Supplier’s cancellation and force majeure policies).

Additional Responsibilities

(a) Other Arrangements. You are responsible for purchasing any flights, other transportation, hotel rooms or other accommodations, and meals and other services or arrangements that are not booked with or through us as part of an Offering that, (i) you require to participate in the Offering, including participating in all activities listed in the confirmed itinerary or booking; or (ii) you may otherwise want. Full details of any travel or other arrangements that you make in conjunction with your Offering (such as flights, hotels and/or transfers) that are not booked with or through us must be given to us as soon as possible.

(b) Offering Components. You are solely responsible for checking in for flights at the correct time (whether booked through us or otherwise) and for presenting yourself to take up all pre-booked components of your Offering. We will not accept responsibility for clients missing flights or activities as a result of late check-ins or failure to arrive at the arranged time and no credit or refunds will be given if you fail to take up any component of your Offering. No credit or refunds will be given for lost, mislaid or destroyed travel documents.

(c) Supplier Terms and Conditions. You acknowledge and agree that your use of, or participation in, certain goods and services that may comprise your Offering may be subject to separate terms, conditions, waivers or other agreements with the relevant owner or operator. You agree to familiarize yourself with, and abide by, such agreements and acknowledge that your violation of any such agreements may result in cancellation of your booking, in you being denied access to, or participation in, the relevant good or service and you forfeiting monies paid for such bookings. Please contact us if you have questions or difficulty locating any such terms and conditions.

(d) Passport, Visa and Immigration Requirements and Health Formalities. It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your Offering, including any required or recommended vaccinations. You must check requirements for your own specific circumstances with the relevant governmental agencies, embassies or consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. Most countries now require passports to be valid for at least 6 months after your return date. IF YOUR PASSPORT IS IN ITS FINAL YEAR, YOU SHOULD CHECK WITH THE EMBASSY OF THE COUNTRY YOU ARE VISITING TO CONFIRM YOU SHOULD STILL TRAVEL.

(e) Travel Advice. You are responsible for making yourself aware of U.S. State Department and other applicable governmental authorities’ warnings in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly.

(f) Reviewing Documentation. As indicated above, you must check all itineraries, booking confirmations, invoices and all other documentation we send you carefully as soon as you receive them. Contact us immediately if any information that appears on any document appears to be incorrect or incomplete as it may not be possible to make changes later.

(g) Your Behavior.

(i) You agree to conduct yourself in compliance with all applicable laws, in an orderly and acceptable manner and in such a way as not to disrupt the enjoyment of other people. If, in our reasonable judgment, or that of any of our Suppliers, your behavior (including, for clarity, that of any member of your party) violates this subsection (g) or is otherwise causing or is likely to cause distress, danger or annoyance to any other person (whether our guest or not), damage to property, or significant delays or diversions of any kind, WE RESERVE THE RIGHT TO TERMINATE YOUR OFFERING WITH US, OR YOUR MEMBERSHIP (IF APPLICABLE) IMMEDIATELY. For clarity, any other individuals travelling on your itinerary or as part of your booking may continue with their Offering(s). Termination under this Section will be considered a cancellation by you, as indicated above.

(ii) If we are forced to terminate your Offering under this Section, our Suppliers and we will have no further obligations to you whatsoever and, if demanded by our Supplier, you will be required to leave your accommodation or other activity immediately. As indicated above, we will not refund any amounts to you, nor will we pay any expenses or costs you may incur as a result of such termination. Finally, you acknowledge and agree that you may also be liable for certain Claims (as defined below), including payment for loss or damage to persons or property, caused by your actions and you will be solely responsible for any legal and financial obligations associated with such Claims.

(h) Assistance with Difficulties. If you experience difficulties while on your Offering related to our Services or our Suppliers that you cannot resolve in-country or with any applicable Supplier, including if a Supplier fails to arrive or similar difficulties (other than emergency situations) , please contact us so we can make every effort to assist you. PLEASE NOTE THAT WE CANNOT ASSIST YOU WITH PASSPORT/VISA/HEALTH LEGAL REQUIREMENTS OR ANY SIMILAR ISSUES, WHICH ARE YOUR RESPONSIBILITY.

Disclaimers and Limitation of Liability

Please read this Section carefully as it limits our liability to you for many times of claims.

 

Liability Disclaimer

Each customer is required to comply with the terms, conditions, requirements, laws, rules and/or regulations of any service provider, or any country or governmental authority, and shall be liable for any such non-compliance.

The customer acknowledges and understands that there are inherent risks associated with outdoor and indoor activities including serious bodily injury or even death. The customer agrees that Unforgettable Getaway, LLC cannot be held responsible for any injuries, damages, or losses suffered by the customer while participating in a trip organized or led by Unforgettable Getaway, LLC and agrees to “hold harmless” Unforgettable Getaway, LLC as well as any and all of its employees, partners, contractors, or principals.

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Unforgettable Getaway LLC and Unforgettable Getaway SAS and/or their suppliers may make improvements and/or changes in the site at any time.

Unforgettable Getaway LLC and Unforgettable Getaway SAS and/or their suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Unforgettable Getaway LLC and Unforgettable Getaway SAS and/or their suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Unforgettable Getaway LLC and Unforgettable Getaway SAS and/or their suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Unforgettable Getaway LLC and Unforgettable Getaway SAS or any of their suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

(a) Generally. Without limiting any protections to which we may be entitled by certain international treaties, as addressed in Section (e) below, you specifically acknowledge and agree to the following limitations and disclaimers of our liability. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT ARE A MATERIAL PART OF THE BARGAIN BETWEEN US AND THAT WE WOULD NOT BE ABLE TO OFFER YOU THE SERVICES WE PROVIDE, ARRANGE YOUR OFFERINGS OR UNDERTAKE OUR OBLIGATIONS IN THIS AGREEMENT IN THE SAME MANNER AND FOR THE PRICES WE OFFER WITHOUT THEM.

(b) Our Obligations. As indicated above, we are not providing you the transportation, accommodation or other services that make up your Offering; our Suppliers are responsible for those components. Our sole obligations to you are to provide our Offering planning and curating Services, to act as your agent in booking components of confirmed Offerings (including, for clarity, Bespoke Trip itineraries) and to take reasonable care in the selection of Suppliers, all in accordance with these T&Cs.

(c) Suppliers. You acknowledge and agree that we neither own nor control the Suppliers that provide the transportation, accommodations or other services that comprise your Offering. Each of these goods and services are provided by third parties that are independent from and in no way affiliated with us. Therefore, to the maximum extent permitted by applicable Laws, WE DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR THE ACTIONS OR FAILURES TO ACT OF ANY SUPPLIERS AND THEIR EMPLOYEES AND CONTRACTORS.

(d) General Disclaimer of Liability: To the maximum extent permitted by applicable laws, we will not be responsible or liable and disclaims any and all liability for, any claims, causes of action, suits, liabilities, damages, losses, fines, penalties, costs and expenses of any kind (together, “Claims”), including Claims for injury, illness or death that is caused by, results or arises from or in connection with any of the following:

(i) your act(s) and/or omission(s) or those of any member(s) of your party, including (A) your breach of this Agreement; (B) your failure to comply with applicable laws; and/or (C) your negligence, gross negligence or willful misconduct of any kind;

(ii) the act(s) and/or omission(s) of a third party, including our Suppliers or any other third-party (including any suppliers or vendors you may book with directly that affect your Offering) or

(iii) a Force Majeure Event.

(e) Limitation of Liability. IF, REGARDLESS OF THE FOREGOING AND THE PROTECTIONS OF INTERNATIONAL LAW, WE ARE FOUND LIABLE TO YOU FOR ANY CLAIMS, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, OUR LIABILITY TO YOU WILL BE LIMITED AS FOLLOWS:

(i) WE WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY KIND FOR ANY CLAIM, WHETHER ARISING IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF DAMAGES, AND WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE OR LIKELY AND WHETHER OR NOT ARISING FROM OUR ORDINARY NEGLIGENCE;

(ii) WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES CLAIMED FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF ANY KIND, REGARDLESS OF HOW CAUSED OR OCCASIONED, EXCEPT OUR INTENTIONAL AND WILLFUL ACTS; AND

(iii) YOUR DIRECT DAMAGES THAT YOU MAY RECOVER FROM US FOR ANY AND ALL CLAIMS WILL BE LIMITED TO THE LESSER OF (A) DAMAGES NOT COVERED BY YOUR REQUIRED TRAVEL INSURANCE AND (B) THAT PORTION OF THE TOTAL offering PRICE ATTRIBUTABLE TO THE ACTIVITY OR AMENITY THAT HAS GIVEN RISE TO YOUR CLAIM.

(f) Survival of Limitations. You specifically acknowledge and agree that the foregoing limitations, in particular the limitation recited in subsection (e)(i) will survive even if any remedy fails in its essential purpose.

(g) LIMITATIONS OF LIABILITY: INTERNATIONAL LAW. CERTAIN INTERNATIONAL TREATIES (ALSO CALLED “CONVENTIONS”) GOVERN CERTAIN ASPECTS OF YOUR offering, INCLUDING INTERNATIONAL TRAVEL BY AIR, SEA AND RAIL, AS WELL AS ANY STAY IN A HOTEL. IN ADDITION, OTHER APPLICABLE LAWS MAY APPLY IN THE COUNTRIES YOU VISIT (E.G. THE EU DENIED BOARDING REGULATION 261/2004EC) AND SUPPLIERS AND WE WILL ALSO HAVE THE BENEFIT OF ALL SUCH LAWS AS APPLICABLE. OUR SUPPLIERS’ LIABILITY, AS WELL AS OUR LIABILITY WILL IN ALL CASES BE LIMITED AS SET FORTH UNDER THE APPROPRIATE LAWS AND OUR SUPPLIERS AND WE WILL BE ENTITLED TO ALL THE LIMITATIONS, IMMUNITIES AND OTHER RIGHTS SPECIFIED UNDER ALL SUCH LAWS. FOR CLARITY, OUR LIABILITY WILL BE LIMITED AS IF WE WERE CARRIERS (TRANSPORTATION PROVIDERS), HOTELS OR OTHER COVERED ENTITIES. RELEVANT TREATIES INCLUDE THE WARSAW/MONTREAL CONVENTION (INTERNATIONAL TRAVEL BY AIR); THE ATHENS CONVENTION (WITH RESPECT TO SEA TRAVEL); THE BERNE/COTIF CONVENTION (WITH RESPECT TO RAIL TRAVEL) AND THE PARIS CONVENTION (WITH RESPECT TO HOTEL ARRANGEMENTS). YOU CAN ASK FOR COPIES OF THESE CONVENTIONS FROM OUR OFFICES. PLEASE CONTACT US.

Dispute Resolution

  1. Governing Law; Venue. This Agreement will be governed and interpreted by and in accordance with the Laws of the United States and the State of Illinois without regard to its conflicts of laws principles. Jurisdiction for any Claims arising between us and you (including, for clarity, any member of your party) will be exclusively in the courts of the State of Illinois (or the federal courts sitting therein) and you consent to the exclusive jurisdiction of such courts for the adjudication of all such Claims. Venue for such Claims will be in the courts of competent jurisdiction located in Chicago, Illinois.
  2. Complaints. If you are unhappy with any aspect of your trip, please first address your complaint to the Supplier whose services are involved. Please note that you are required to mitigate your losses, if any. If your complaint cannot be resolved locally with such Supplier, and you wish to pursue your complaint, full details must be sent to us in writing within 30 days of your return. We do not guarantee any particular redress for complaints.

Miscellaneous

  1. Severability. If any paragraph, clause or provision of this Agreement is deemed invalid or illegal in any jurisdiction, such paragraph or provision will be deemed reformed to the extent necessary to render it enforceable, so long as consistent with the basic purpose of the paragraph, clause, or provision; however, if the paragraph, clause, or provision is not reformable, it will be deemed severed from this Agreement in that jurisdiction only and all other provisions shall remain in full force and effect.
  2. No Waiver. Neither party’s failure to enforce or insist on enforcement of any term or condition hereunder will not constitute a waiver of any Claim such party may have with regard to such term or condition or any other.

    COVID-19 Safety Acknowledgment – Liability Waiver and Release of Claims

COVID-19 SAFETY INFORMATION:

While participating in events held or sponsored by the Unforgettable Getaway, LLC, consistent with CDC guidelines, participants are encouraged to practice hand hygiene, “social distancing” and wear face coverings to reduce the risks of exposure to COVID-19. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, Unforgettable Getaway, LLC has put in place preventative measures to reduce the spread of COVID-19. However, Unforgettable Getaway, LLC cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.

In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in Unforgettable Getaway, LLC trips and events. By attending an Unforgettable Getaway, LLC event, you certify that you do not fall into any of the following categories: 

  1. Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;
  2. Individuals who have traveled at any point in the past fourteen (14) days to a community that has experienced or is experiencing sustained community spread of COVID-19; or
  3. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.

DUTY TO SELF-MONITOR:

Participants agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact Unforgettable Getaway, LLC at info@unforgettablegetaway.com if he/she experiences symptoms of COVID-19 within 14 days after participating in one of a trip organized by Unforgettable Getaway, LLC.

LIABILITY WAIVER AND RELEASE OF CLAIMS:

I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation in an Unforgettable Getaway, LLC trip, and I willingly engage in Unforgettable Getaway, LLC events and/or other activities (the “Activity”).

RELEASE AND WAIVER.

I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST UNFORGETTABLE GETAWAY, LLC  AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF  THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.

ASSUMPTION OF THE RISK. I acknowledge and understand the following:

  1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
  2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
  3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.

MEDICAL ACKNOWLEDGMENT AND RELEASE.  I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death.  I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention.  I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.

As a participant, volunteer, or attendee, You recognize that your participation, involvement and/or attendance at any Unforgettable Getaway, LLC event or activity (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) Unforgettable Getaway, LLC (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the “Released Parties”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the “Released Claims”).  BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

Changes to Terms

Unforgettable Getaway LLC and Unforgettable Getaway SAS reserves the right, in its sole discretion, to change the Terms under which www.unforgettablegetaway.com is offered. The most current version of the Terms will supersede all previous versions. Unforgettable Getaway LLC and Unforgettable Getaway SAS encourages you to periodically review the Terms to stay informed of our updates.

 

If you have any questions or concerns about these terms and conditions, please contact us.

 

Contact Information

Unforgettable Getaway LLC welcomes your questions or comments regarding the Terms:

Unforgettable Getaway LLC

1 E Erie St Suite 525-2505

Chicago, Illinois 60611

Email Address:

info@unforgettablegetaway.com

Telephone number:

+1 (888) 477-9917

Effective as of April 29, 2022