INTRODUCTION TO TERMS AND CONDITIONS OF SERVICE
Welcome to the website of Et Voila Paris LLC (“the Company”) located at 18810 Withey Rd, Monte Sereno, CA 95030, USA – CST 2122006-40. The following Terms and Conditions (as defined below) apply to all users of www.etvoilaparis.com and its associated website (the “Site”). The following Terms and Conditions for the Site is an agreement between you, an individual user (“You or traveler”), and the Company regarding your use of the Site. You and the Company are referred to herein individually as “Party” or collectively as the “Parties”. When using the Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features, which may be posted from time to time (the “Guidelines”). All Guidelines are hereby incorporated by reference into the Terms of service.
Before using the site, please read the following terms and conditions of service carefully. By accessing, browsing, or using the site, you acknowledge that you have read, understood, and agree to be bound by the following terms, including the guidelines, and any future modifications. If at any time you do not agree to the terms, you must immediately terminate your use of the site.
A deposit of 25% of the cost of the tour is required for us to reserve a space for you. Deposit will be transferred and held on owner’s company Et Voila Paris LLC’s trust account. Final payment is due 60 days prior to departure. If we do not receive final payment by this date, we reserve the right to cancel your reservation. Payment in full is required at the time of booking for reservations made less than 60 days before departure. Payments can be made by check or bank wire. Any charge-backs will be assessed a $100 nonrefundable fee in addition to any bank fees charged. In the event that an invoice is not received on time, payment is still due and interest of 16% per annum (or the maximum extent in interest as allowed by the law) will accrue on the unpaid amount for each day that you are late.
All notifications of cancellations must be received by email at firstname.lastname@example.org
- We will assess the following penalties on the day that your cancellation is received.
- All cancellations will be assessed a minimum administration fee amounting to 25% of the tour price.
- Cancellations received within 8 to 15 days prior to departure will be assessed a cancellation fee of 50% of the total tour price.
- Cancellations received less than 8 days prior to departure date will be assessed a cancellation fee of 100% of the total tour price
RIGHT TO PROMPT REFUND IN THE EVENT OF A CANCELLATION
Upon cancellation of the transportation or travel services, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the Company for services not provided will be promptly paid to the passenger, unless the passenger advises to the Company in writing, after cancellation. This provision does not apply where the Company has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the passenger 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. The Company reserves the right to cancel any trip at any time. If cancellation is made prior to departure of the tour, the only responsibility of the Company will be to refund to the passenger the amount we have received for an active tour reservation or booking. The Company is not responsible for additional expenses incurred by participants in preparing for the trip, such as visa fees, medical expenses etc.
TOUR GUIDES, DRIVER & ITINERARY
Travelers are responsible to meet with their Tour Guide as planned prior to visits and confirmed with our executive office in California and no refund will be given for late arrivals or early departures. No refunds will be given for any activity on the tour in which you choose not to participate. The Company reserves the right to alter the itinerary as may be deemed necessary for carrying out the tour. If weather or safety conditions do not permit train transportation, we reserve the right to use ground transportation in their place.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that you: (i) have all requisite power and authority to enter into and perform and be bound the obligations under these Terms and Conditions of Service; (ii) will abide by all laws, rules and regulations and will endeavor to comply with all local customs; and (iii) all of the information provided to the Company to facilitate your trip is true and accurate. You authorize the Company to make any such investigations as the Company determines to be necessary, at their sole discretion, to determine your eligibility.
TRAVEL CONSUMER RESTITUTION FUND (TCRF)
The California Travel Consumer Restitution Fund (TCRF) covers this transaction if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services, which the seller of travel failed to forward to a proper provider, or such money was not refunded, to you when required. The maximum amount, which may be paid by the TCRF to any one passenger, is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting TCRC’s website at: www.tcrcinfo.org
Changes will be accommodated where possible, but cannot be guaranteed. There will be a fee of $75 for each schedule or change ordered by the client after the booking has been deposited.
The traveler agrees to inform the Company of any disabilities or limitations prior to departure so we may advise you. Facilities in certain museums may not be adapted. Available accommodation standards vary by airline, cruise ship, other transportation, hotel, museums, other facilities of the trip, visiting locations/sites of the trip (such as but not limited to museums, landmarks, and), and are not within the control of the Company. Your foreign destination may not conform to the United States’ Americans with Disabilities Act requirements, and facilities for disabled persons may be extremely limited. The Company assumes no liability for the failure for the provision of accommodations by a travel vendor.
The Company accepts no responsibility for cost, which may occur as a result of a participant failing to secure adequate insurance coverage (such as but not limited to trip cancellation, medical and interruption travel insurance), which coverage is highly recommended. Generally, your health insurance does not cover expenses outside the USA.
For the benefit of everyone on your vacation, the Company reserves the right to accept or reject any person as a tour participant and to remove from the tour any participant whose conduct is deemed incompatible with the interests of the other participants.
All tour prices are based on rates, including foreign exchange, known at time of printing and expected to be in effect at the time of departure. Prices are subject to increases without notice if such rates change. The current price will be confirmed at the time of reservation. Once the Company has received your deposit for any tour departing in the current calendar year, that price is guaranteed, and any subsequent cost increases are at our expense applicable.
VISA AND PASSPORTS
For tours requiring visas, detailed visa information will be provided. You are responsible for obtaining all visas and entry documents. All passengers traveling internationally are required to have a passport. Most countries require that the passport be valid for at least six (6) months beyond the conclusion of your trip. Customs or immigration officials can, at their own discretion, deny a passenger entry into their country. Though this is rare, the Company and/or its affiliates cannot be held responsible for denied entry under any circumstances.
EXTRAS NOT INCLUDED
Porterage of more than one suitcase, passports, visas and vaccinations, travel insurance, driver and tour guide tips and all other items of a personal nature are not included in the tour price and are the traveler’s sole responsibility.
Please be aware that during your participation in tours operated by the Company, certain risks and dangers may arise beyond our control including but not limited to, the hazards of traveling in train, metro, bus, the forces of nature, terrorism, nuclear radiation due to nuclear power plant accidents or acts of war (declared or undeclared), biological or chemical warfare, the Company will not assume liability regarding provision of medical care or the adequacy of any care that may be rendered.
The Company, acts as an agent for services provided by Tour Guides and transport providers and cannot be held liable for any damage, loss (including personal injury, death, and property loss) or expense occasioned by any act or omission on their part. Baggage and personal effects are the passenger’s own risk and it is the responsibility of the passenger to obtain insurance against loss or damage. The Company is not responsible for activities travelers choose to take part in during free time. The Company reserves the right to correct any errors or omissions of information, prior to final payment being received by the Company.
ADDITIONAL RISKS, ASSUMPTION OF RISK, RELEASE
Additional risks and dangers may arise including, but not limited to, hazards of traveling in undeveloped areas, hazards of travel by boat, train, automobile, aircraft and other means of conveyance, terrorism, animal interactions, forces of nature, political unrest, other unrest, hazardous local customs and practices, differing levels of sanitation, differing standards of safety, risks associated with water, food, plants, insects and differing animal regulation, accident or illness in areas lacking means of rapid evacuation or medical facilities, and acts of national and local governments and unrest and acts of others against governments. These risks are not an exhaustive list but are examples of many kinds of risks. You are voluntarily participating in these activities with the knowledge that there are significant dangers involved, and you hereby agree to accept any and all risks. As lawful consideration for the agreement with The Company to participate in such trips and activities you agree you will not make a claim against The Company or its personnel or sue for bodily injury, emotional trauma, death, property loss or damage or other loss, cost or expense, however caused, as a result of or related to your contracting for, traveling to or from, or in any and every other way participating in the trip. You release The Company and it’s personnel from any and all claims, known or unknown, arising from contracting for, traveling to or from, and in any and every way participating in a trip. This release of liability and assumption of risk agreement is entered into on behalf of you and all members of your family and party, also including minors accompanying you. This agreement also binds your heirs, legal representatives and assigns.
TRAVEL ADVISORIES AND WARNINGS
It is the responsibility of the traveler to become informed about current travel advisories and warnings. Refer to the U.S. State Department’s travel website at www.travel.state.gov or call 1-888-407-4747. For health alerts, refer to the Centers for Disease Control website at www.cdc.gov or call 1-800-232-4636.
NO WARRANTIES FOR USE OF SITE AND SERVICE
Company hereby disclaims all warranties. Company is making the site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. To the maximum extent permitted by law, company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or no infringement. Company does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted or error-free.
Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site, service, or any other materials or services provided to you by company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
CALIFORNIA USE ONLY OF SITE
The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access is available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
DISCLAIMER REGARDING SUPPLIERS
The tour guides, drivers, restaurants, hotels, bars, car rental agencies, and other suppliers providing travel or other services on the website (“suppliers”) are independent contractors and not employees or agents of the company. The company acts solely as a sales agent for the suppliers and is not liable for the acts, errors, omissions, representations, warranties or negligence of any such suppliers or for any personal injuries, death, property damage or loss, or other damages or expenses resulting therefrom. The company shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, acts of war, terrorism, disease or other force majeure event or other cause beyond its direct control, and the company has no responsibility for any additional expense, omissions, delays, or re-routing caused by any acts or omissions of any governmental authority. The fact that the company includes or offers any product or service on the website does not mean the company is endorsing or recommending such product or service.
You, the Traveler, agree to defend and indemnify the Company and any of their members, employees and agents from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of your breach of this Terms and Conditions of Service or the documents referenced herein; or your access to or use of the Site or Services; or your violation of any law, regulation or the rights of a third party.
You, the traveler, hereby also agree to indemnify, defend and hold harmless The Company from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of any claim brought against The Company regarding, resulting, or arising from Traveler’s participation in a Trip
These Terms and Conditions shall be governed and interpreted exclusively according to the laws of the California. You and the Company agree any dispute between us, vacations planner, travel agency, and/or the Provider directly or indirectly relating to the Terms and Conditions shall be first submitted to mediation before a person mutually agreed to by the parties from mediator panel or list from the Judicial Arbiter Group. The mediation shall be conducted according to the rules of Judicial Arbiter Group. The cost of mediation shall be borne by the parties equally.
At least 10 business days before the date of the mediation, each side shall provide the mediator with a statement of its position and copies of all supporting documents. Each party shall send to the mediation a person who has authority to bind the party. If a subsequent dispute involves third parties, such as insurers or subcontractors, they will also be asked to participate in the mediation.
If mediation is not successful, then you and the Company both agree that the dispute must be exclusively resolved by binding arbitration under California law before a Judicial Arbiter Group. If the parties are unable to resolve a dispute relating to this Agreement through mediation, they shall submit any such dispute (whether based on contract, tort, or statutory duty or prohibition) to binding arbitration, in accordance with rules of the Judicial Arbiter Group. Either party may enforce the award of the arbitrator under Code of Civil Procedure §1285. The parties understand that they are waiving their rights to a jury trial. Such arbitration shall take place in Santa Clara County, California, USA. You and the Company agree to be bound by the final decision or adjudication by the arbitrator. The prevailing party shall be entitled to an award of costs and reasonable attorney’s fees. Arbitration against the Company must be commenced within six months following the date of tour completion. Neither the Company nor any affiliate shall in any case be liable for other than compensatory damages. Traveler and the Company hereby waive any right to punitive damages. You and the Company agree that any dispute that arises under or relates to this Agreement (whether contract, tort, or both) will be resolved by way of mediation and/or arbitration in Santa Clara County, California, USA.
You may not assign your rights or obligations hereunder without prior written consent of the Company.
If any provision, or portion of a provision, in these Terms and Conditions of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. You and the Company agree to substitute for such provision a valid provision, which most closely approximates the intent and economic effect of such severed provision. Notwithstanding any other provisions of this these Terms and Conditions of Service, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.
These Terms and Conditions of Service constitute the entire understanding and agreements of the parties with respect to the subject matter covered by them, and supersede all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. No terms contained on any proposal, purchase order, acknowledgment or other document will be effective with respect to affecting the terms hereof. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party’s rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. The Company does not guarantee it will take action against all breaches of these Terms and Conditions of Service. No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.
SELLER OF TRAVEL
Et Voila Paris LLC is a registered seller of travel in California under the state’s seller of travel regulations. California Registration Number: CST 2122006-40
The traveler hereby acknowledges having read and understood all the provisions of this agreement, and agrees that by accepting reservations and itinerary he will be bound by the Terms and Conditions set forth here above.
Last Updated: September 24, 2015