BOOKING TERMS AND CONDITIONS
SOUL/O Travel LLC (“SOUL/O” or “we” or “us”) is a provider of high-quality travel services (the “Services”). This web page and all linked web pages (other than links to third party providers) (collectively, the “Website”) set forth the Terms and Conditions for your use of this Website and your purchase of Services from SOUL/O. For purposes of these Terms and Conditions, a travel package you purchase from SOUL/O is sometimes referred to as your “trip.”
Binding Contract
These Terms and Conditions constitute a legally binding contract between you and SOUL/O, which you intend to be as legally binding as if you had physically signed a copy of these Terms and Conditions. We draw your attention to the terms and conditions of travel herein (hereinafter “Terms and Conditions”), such Terms and Conditions including all brochures, documents, correspondence, our Privacy Policy, and the terms and conditions of our third-party suppliers (“Suppliers”) form the basis of the Terms and Conditions with you. Before making a booking with us you must ensure that you have read and understand these Terms and Conditions (and ask any questions that you may have). Please be aware that these Terms and Conditions contain waivers of liability, class action and jury trial, and venue selection and notice clauses. By asking us to confirm your booking you are accepting all of the Terms and Conditions laid out below and acknowledge that you have read the Terms and Conditions and agree with them. You represent and warrant that (a) you are at least 16 years of age to use our website and 18years of age to book a trip with us, (b) can create binding legal obligations in connection with your use, (c) you hereby accept these Terms and Conditions, and (d) the information supplied by you is true and correct.
Violations by you
You agree that any violation of any such Terms and Conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) your being denied access to the applicable travel related product or service.
Revisions to Terms and Conditions
SOUL/O may, in its sole and absolute discretion, update, modify, or revise these Terms and Conditions at any time, and from time to time. Your continued use of this Website after we make changes to these Terms and Condition is deemed to be your acceptance of those changes. The current (updated) terms will apply to your booking. You must therefore be familiar with the terms in effect at the time you book. Your continued use of our services, including continuing to use or maintain any bookings after notice of any changes to the Terms and Conditions, constitutes your consent to any changes.
Age Limitations
SOUL/O takes the protection of children seriously. Therefore, you must be at least sixteen (16) years of age to use this Website. In addition, you must be at least eighteen (18) years of age to purchase Services from SOUL/O. By using this Website, you agree that you satisfy these age requirements.
In addition, to participate in a SOUL/O trip, you must be at least eighteen (18) years of age at the time your SOUL/O trip begins.
COVID-19 Release of Liability
By booking a trip at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your trip. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, which cannot be controlled or eliminated by SOUL/O Travel. You acknowledge that your trip may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to test, and/or quarantine upon arrival in some locations and upon your return home. Some locations may require you to have a vaccination or proof of negative testing. Stopover countries requirements will also apply. You are responsible for understanding all COVID-19 requirements and must not rely on SOUL/O Travel to provide these details. You understand that you may become sick before, during, or after the trip and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable. You agree that due to uncertainty caused by COVID-19, SOUL/O Travel has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, SOUL/O Travel shall not be liable for any losses howsoever arising.
YOU, FOR YOURSELF, AND ANY MINORS TRAVELING WITH YOU, AND ON BEHALF OF YOUR AND THEIR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN (COLLECTIVELY, THE “RELEASORS”), HEREBY RELEASE, AND HOLD HARMLESS SOUL/O TRAVEL, ITS OWNERS, MEMBERS, MANAGERS, AGENTS, AND/OR EMPLOYEES, AND SUPPLIERS (COLLECTIVELY, THE “RELEASEES”), OF FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, DEMANDS, LOSSES, AND LIABILITY ARISING OUT OF OR RELATED IN ANY WAY, IN WHOLE OR IN PART TO ANY POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH, OR ANY OTHER LOSS YOU MAY SUFFER DUE TO EXPOSURE, INFECTION, SPREAD, CLOSURE, AND TRAVEL RESTRICTIONS RELATED TO COVID- 19 OR ANY OTHER INFECTIOUS DISEASES, VIRUSES, EPIDEMICS, PANDEMICS, ETC., WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. THE TERMS OF THIS HOLD HARMLESS AND RELEASE OF ALL LIABILITY PARAGRAPH, SHALL SURVIVE ANY TERMINATION OR CANCELLATION OF THIS CONTRACT, WHETHER BY OPERATION OF LAW OR OTHERWISE.
Privacy
Your use of this Website is subject to SOUL/O’s Privacy Policy. Please review our Privacy Policy, which also informs users of our data collection practices.
Travel Host. SOUL/O will provide a “travel host,” who will accompany you on your trip. SOUL/O will select your travel host in its sole and absolute discretion and may change your travel host, if necessary, at any time and from time to time during your trip. In addition, SOUL/O may hire local guides from time to time in its sole and absolute discretion to help with certain portions of your trip. In our experience, local guides often provide greater expertise and give you greater access to local experiences than a single tour guide can provide.
Personal Connection
We want to develop a personal connection with those who travel with us. As part of developing that personal connection, SOUL/O may ask to meet with you, whether in person or virtually, before you purchase a trip.
Payments, Changes, Cancellations, and Prices
When do I need to make my trip payments? A non-refundable deposit of 20% of the trip cost (USD) is required when booking. You can either pay in full, or we offer a 5 part payment plan consisting of the deposit and five equal payments prior to the trip. The remaining balance is due 75 days prior to the trip start date. If you’re interested in adjusting or adding payment plans, email us at hello@soulotravelco.com. Payments to SOUL/O must be made in US dollars. We will send you an email reminder one week before your final payment is due and a final reminder on the due date. You will authorize SOUL/O Travel to utilize your credit card supplied to place a deposit (or final payment if within the final payment deadline) for your requested trip. At the same time, you authorize us to charge your credit card, you will also read, accept, and acknowledge your agreement to these Terms and Conditions of booking with us. If you do not agree to our Terms and Conditions, do not book with us.
Can I change my trip if I need to after booking? Yes, you can! As long as it’s more than 75 days before your trip start date, you can change it. The first change is complimentary, and then for any subsequent changes, there is a $500 USD per person change fee. If you do not rebook a new trip immediately after changing your trip, you will have a trip credit that expires 6 months from the day you cancel your original trip. Out of respect for our partners, whom we pay in advance, we cannot allow any changes less than 75 days from your trip start date.
What are your deposit, change, cancellation, and refund policies? We do everything we can to make sure that our policies are fair for all of our travelers as well as our partners and SOUL/O, as we work to create the best travel experiences we can.
Deposits: For all SOUL/O trips, a non-refundable deposit of 20% of the trip cost is required at the time of booking. You can either pay in full, or we offer a five part payment plan consisting of the deposit and five equal payments prior to the trip. Payment of the remaining balance is due at least 75 days before your trip’s start date. If you fail to pay the remaining balance at least 75 days before your trip’s start date, we may, in our sole and absolute discretion, cancel your travel reservation and retain any deposits or payments you have previously delivered to SOUL/O.
Changes by You: We believe in flexible booking terms because we know that life can be unpredictable. If you need to change any part of your booking at least 75 days or more before your trip, we understand and are happy to assist in changing your trip date or travel destination with us. However, please be aware that some changes are not permitted and will be considered a cancellation when within 75 days of your trip start date. Trip change requests must be made in writing and are effective from the date we receive the written notification. If you need to change your trip and it is more than 75 days before your trip start date, the first change is complimentary with all subsequent changes requiring a $500 per person change fee. Changes are prohibited within 75 days of the start date of your trip. If you choose to change your trip and are unsure of your availability to book your next trip with us, you will have up to six (6) months from the day you cancel your original trip to rebook another trip with us. If you do not rebook within the six (6) month period, we will retain all payments made to us in addition to the non- refundable deposit.
Cancellations by You: If for whatever reason you need to cancel your trip with us, you must do so by providing us with written notice.
Cancellations at least 75 days prior to the start of your trip.
All payments to SOUL/O Travel are non-refundable. All payments made to SOUL/O Travel maybe used toward a future trip booked with SOUL/O Travel within six (6) months of the date of cancellation.
Cancellations 74 days or less before the start of your trip.
In addition to the non-refundable deposit, all subsequent payments become non-refundable at 74 days prior to the start of your trip. SOUL/O Travel will not provide any refunds, credits for future trips, or vouchers of any kind within this time frame. It is for this reason, among others, that we require travel protection insurance and highly recommend you get “cancel for any reason” coverage, to cover you in the event you need to cancel for any reason.
Change and Cancellation by SOUL/O Travel or Supplier(s)
We will inform you as soon as reasonably possible if we or a Supplier needs to make a significant change to your confirmed trip booking or to cancel. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier, but we will have no further liability to you. We are not responsible under any circumstances for a Supplier’s failure to pay a refund, for Supplier bankruptcy or insolvency. If between planning time and/or during actual travel, circumstances require changes, SOUL/O Travel, and its Suppliers, reserve the right to cancel or vary any itinerary and substitute components of the trip, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on a trip. During local or national holidays or special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. SOUL/O Travel may cancel your trip, it its sole discretion, if sickness, injury, or death of one of SOUL/O Travel’s owners, members, employees, agents, or independent contractors result in SOUL/O Travel not having a host available to guide your trip. Alternatives will be offered whenever possible, and you will receive a trip credit in the amount paid to SOUL/O Travel to be used for a future trip booked within six (6) months of the notice of cancellation from SOUL/O Travel. SOUL/O Travel cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the traveler. Normal cancellation penalties still apply to the trip that has been changed.
Cancellations by SOUL/O Because of Force Majeure: SOUL/O Travel assumes no liability for any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the Supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by SOUL/O Travel that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if (and only if) we can recover any monies.
Refunds: All payments to SOUL/O Travel are non-refundable. If, as set forth above, you are entitled to a trip credit toward a new booking with us, please contact us at hello@soulotravelco.com with the destination, trip date, and room type that you would like to
book. We will then the credit to the new booking and send you a confirmation reflecting the new booking information.
No refund for unused arrangements: As SOUL/O Travel’s prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while your trip is in progress, there is no refund for the unused portion.
Please review all documents within 24 hours of receipt, including the cancellation policies and terms and conditions of the Suppliers, carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible of any corrections.
How do I apply a trip credit toward a new booking? To make it easy, you can email us directly at hello@soulotravelco.com with the destination, trip date, and room type you’d like to book, and we will apply the credit to the new booking.
What happens if I don’t use my trip credit within the allotted time? SOUL/O will not provide you with any refunds if you fail to use your trip credit within the allotted time.
What happens if I am not able to participate or choose not to participate in the entire trip I have purchased? SOUL/O will not provide any refunds or trip credits if you are unable to or choose not to participate in the entire trip that you have purchased. This includes, without limitation, if you arrive late or leave early from any portion of the trip or if you miss any number of days of the trip for any reason. There will be no refunds for unused services after a tour has commenced.
Do your prices change? SOUL/O may change the prices for its Services at any time and from time to time in its sole and absolute discretion. However, the price for your trip will be locked in and will not change after you pay the non-refundable deposit of 20% USD of the total purchase price of your trip.
Scope/Agency
SOUL/O Travel does not provide, own, or control the travel services and products that are or may be provided as part of your trip, such as flights, accommodations, rental cars, packages, tours, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled, or made available by the Suppliers such as, hotels, transportation, and tour operators. The Suppliers are responsible for the Travel Products. The Supplier’s terms and conditions and privacy policies apply to your booking so you must agree to and understand those terms. Your interaction with any Supplier is at your own risk; SOUL/O Travel does not bear any responsibility should anything go wrong with your booking or during your travel. Hence, as the traveler, you agree that SOUL/O Travel acts only to assist you in acquiring transportation, hotel accommodations, sightseeing, tours and other privileges, or services for the travelers’ benefit, and on the express condition that SOUL/O Travel shall not be responsible for any loss, accident, injury, delay, defect, omission, or irregularity which may occur or be occasioned, whether by reason of any act, negligence, or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith.
Luggage
SOUL/O endeavors to care for your luggage while you are on your trip. However, SOUL/O does not guarantee the safety or security of your luggage, including without limitation while your luggage is handled (a) by SOUL/O staff, (b) at airports or seaports, (c) on airplanes, ships, or boats, (d) on taxis, buses, or ride hailing services, (e) at hotels or other lodgings, or (f) at any other time during your trip. SOUL/O will not be responsible or liable to you, and you release SOUL/O, for any damage, destruction, breakage, wear and tear, theft, or loss of any of your luggage and of any items you pack in your luggage. As discussed in the next section, we strongly recommend that you purchase travel insurance to cover the cost of replacement if any of your luggage is lost, stolen, or destroyed during your trip.
In addition, SOUL/O will not be responsible for paying any baggage fees required by airlines or ship lines. You agree to check with the relevant airlines and ship lines regarding the number of items of luggage you are permitted to check and any luggage or baggage weight limits. Furthermore, you agree to pay any fees or fines to check more than the permitted number of items and/or to check luggage that exceeds the established weight limits.
Baggage Fees
Due to continual changes in airline baggage policies, it is suggested that you inquire with your airline’s website for up-to-date fees and information. SOUL/O Travel is NOT responsible for additional fees incurred for baggage, seating, or any other fee.
Air Reservations
We do not book airfare and airfare is not included in your trip cost. Your contract for airfare is with the carrier and subject to its terms. We will not be liable for any change fees or cancellation fees or other additional costs you incur with the air carrier.
Re-Confirm your Flight
SOUL/O Travel advises you personally to re-confirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure.
Traveler Information
Names provided to secure reservations must match travelers’ respective passports and government issued identification. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Any minor name corrections advised after booking with us will incur fees. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. In order for us to confirm your travel arrangements, you must provide all requested details at the time of booking. Necessary details include full name as per passport, date of birth, nationality, and any pre-existing medical conditions or allergies you have which may affect your ability to complete your travel arrangements without limitation. We may also request to see a copy of your passport before or during the trip. The information required from each traveler will vary by trip, which will be communicated during the booking process. If all requested information is not provided at time of booking, SOUL/O maintains the right to cancel your trip and assign your spot to the next eligible traveler on the Waitlist without any refund owed to you. SOUL/O also maintains the right to transfer these details to our local partners in order to make a booking on your behalf for hotels, accommodations, tours, activities, transportation, etc.
Destinations and Documentation
Travel to certain destinations may involve greater risk than others. SOUL/O Travel urges travelers to remain informed daily as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, SOUL/O Travel will not be liable for damages or losses that result from travel to such destinations.
It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up-to-date requirements US citizens should visit http://www.travel.state.gov. When traveling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/traveler- information/acceptable-ids. Air travelers with identification (ID) that does not meet the REAL ID ACT requirements, when effective, will have to use alternate ID forms (passport, military ID, or permanent resident card) to pass TSA security checkpoints—even for domestic travel. Please visit www.travel.state.gov or https://www.dhs.gov/real-id for the most updated requirements for travel documentation. Visas are required when they apply. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation resulting in mismatched documentation to identification.SOUL/O Travel strongly recommends that you consider that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities.
Certain countries restrict travelers with criminal convictions, even if expunged. Please inform us prior to booking with us if this applies to you and seek separate legal counsel to confirm your ability to travel to your desired destination. If you are denied access to a country, airplane, ship, or a Supplier’s travel product or service due to a conviction, SOUL/O Travel shall not be liable for any losses, expenses, or refunds to you or anyone in your group.
Recommended inoculations and vaccinations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations and vaccinations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing traveler to miss flight(s), and subsequent scheduled trip plans. SOUL/O Travel bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your trip related to improper documentation or government decisions about entry.
Pre-Departure Documentation
It is important that you carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We cannot accept any liability if you do not notify us of any inaccuracies within 10 days of your receipt of those documents. This agreement, our release and waiver of liability and assumption of risk and indemnity agreement, and, if required, a medical statement or certification must be signed and submitted by you. If you fail to submit these and other necessary documentation prior to departure, we reserve the right to treat your booking as cancelled by you and impose the cancellation fees described in this agreement.
Airline Delays, Modifications, and Cancellations
SOUL/O Travel cannot be liable for mistakes or errors in airfare bookings made by the traveler or any independent third parties. SOUL/O Travel will provide detailed trip arrival and departure requirements via email once the traveler is confirmed and the trip’s flights are “green lighted.” It is up to the traveler to ensure the correct arrival and departure flight information from the tour start and end cities. In addition, you are responsible for adhering to baggage allowances and other airline-specific guidelines. Any airline charges are the financial responsibility of the traveler.
SOUL/O Travel is not responsible for any change to airline schedules or flight numbers or for any additional expenses or loss that may arise from airline strikes and/or airline, airport, or weather delays. SOUL/O Travel will not reimburse travelers for any additional expenses incurred as a result of such events or delays.
Waitlist
If a trip is sold out, you may add yourself to the Waitlist by following the waitlist prompts within our booking platform. If a spot becomes available, you will be notified by email. You will have 24 hours from when we send the email to accept the spot on the trip and pay the deposit, or it will be offered to the next person on the Waitlist.
Credit/ Debit Chargebacks Fees
In certain cases, you can dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. SOUL/O Travel retains the right to dispute any chargeback that is improper and recover any costs, including attorneys’ fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
Chargebacks arising from inconsistency or inaccuracy with regard to the Supplier’s product description.
Chargebacks resulting from force majeure or other circumstances that are beyond the control of SOUL/O Travel or the Supplier.
Chargebacks resulting because you do not agree with the cancellation policy.
Travel Insurance
We understand that life happens. It’s why we make sure everyone on our trips is taken care of before we get on the plane, and that starts with ensuring you have the right insurance. We require that all travelers have a specific type of travel insurance when going on a trip with us that covers everything they will possibly need. Because when you’re on the trip, we want you to focus on enjoying yourself, being immersed in the experience, and having fun!
We’re more than happy to discuss any of the following requirements with you:
Your travel insurance plan must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses.
We strongly recommend selecting a travel insurance plan that covers you in the event that you contract COVID-19 or another communicable disease while abroad and need to quarantine. While SOUL/O will help you make quarantine arrangements, SOUL/O will not cover these costs.
We strongly recommend considering additional coverage for trip cancellation, trip interruption, and for personal property.
We do not accept travel insurance that is provided by your credit card as it typically does not cover the items listed above.
We encourage you to purchase travel insurance when you book your trip. Many insurers will insure your trip only if you purchase the insurance within a certain window of time after your final payment is made, so we highly recommend purchasing travel insurance when you pay your deposit. At a minimum, you must provide us with proof of insurance and adequate coverage no later than 75 days before your trip’s departure date.
All travelers are responsible for understanding the details of their travel insurance policy and for confirming that their insurance provides coverage for all activities (included and optional) identified in the trip itinerary and that there are no exclusion clauses that would limit your coverage. You alone are responsible for verifying the limits and terms of your insurance policies and whether they meet SOUL/O’s requirements.
It is the traveler’s responsibility to protect their purchases. For this reason, Travel Protection Coverage is required to travel on any of our trips. Such plans should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage insurance. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. We do not accept travel insurance provided by your credit card company, as it typically does not contain the requirements listed above. Travel Protection Plans including “cancel for any reason” coverage should be purchased in close conjunction with your travel purchase, as its availability is limited 10-14 days after booking your trip. SOUL/O Travel is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. SOUL/O Travel cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker. Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. SOUL/O Travel cannot be held responsible for denied entry if a traveler is unable to provide such details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan will result in cancellation of your trip and loss of your non-refundable deposit with us. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If your insurance policy does not provide adequate coverage for you on your trip, we will not be liable for any of your losses howsoever arising.
Insecticide Notice
Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: https://www.transportation.gov/airconsumer/spray.
No Liabilities for Acts of Third Parties
As part of its Services, SOUL/O contracts with third parties to make your travel arrangements and to provide various travel-related services. Such third parties (each a “Third Party” and collectively the “Third Parties”) include but are not limited to airlines, cruise lines, bus and train operators, hotels, hotel chains, other providers of lodgings or accommodations, restaurants, caterers, other food providers, travel guides, and others providing travel excursions and/or travel experiences. Such Third Parties are independent contractors to SOUL/O, and SOUL/O does not own or control such Third Parties or the services they provide.
Therefore, the services you receive from these Third Parties will be subject to their terms and conditions, which may differ from these Terms and Conditions, and you agree to abide by and be subject to the terms and conditions of such Third Parties. Furthermore, SOUL/O assumes no responsibility for, and you agree not to sue SOUL/O or its officers, directors, members, or managers or any of their representatives, heirs, successors, or assigns for the acts or omissions of any of such Third Parties, including without limitation for any accident, illness, disease, injury, or death, or for any property damage, loss, or theft arising from the acts or omissions of the Third Parties.
Travel Risks
Travel involves certain inherent risks. These include but are not limited to risks to your health, such accident, illness, disease, injury, and/or death, and risks to your property, such as damage, loss, and/or theft. In addition, certain areas of travel involve a risk of personal injury from the violent acts of others, especially in areas experiencing high crime rates, political unrest, war, terrorism, or other destabilizing conditions.
By purchasing a trip from SOUL/O, you assume all such risks of travel, and you release and agree not to sue SOUL/O, its officers, directors, members, or managers or any of their representatives, heirs, successors, or assigns for (a) any accident, illness, disease, injury, or death arising from your trip, (b) any damage, loss, or theft of your property, luggage, or personal belongings during your trip, or (c) or any personal injury from the violent acts of others during your trip.
In addition, you assume all risks that a Third Party may refuse to provide services to you or that you may be refused entry or re-entry into any location because you are showing signs or symptoms of COVID 19 or any other communicable disease or illness or because you test positive for any such disease or illness. SOUL/O will not provide you with any refund or trip credit in the case of any such refusal, and you release and agree not to sue SOUL/O, its officers, directors, members, or managers or any of their representatives, heirs, successors, or assigns if any such refusal occurs.
Hazardous Materials
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, and radioactive materials. Examples include paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radioactive materials. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information contact your airline representative. Restrictions on hazardous materials and other prohibited items are listed at: http://www.tsa.gov/traveler-information/prohibited-items.
Non-Responsibility
SOUL/O Travel, its employees, managers, members, agents, and representatives (“Representatives”) use third party Suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to your trip. SOUL/O Travel is an independent contractor and is not an employee, agent, or representative of any of these Suppliers. SOUL/O Travel does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your trip. All Suppliers are independent contractors and are not agents or employees or representatives of SOUL/O Travel All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each Supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither SOUL/O Travel, nor its Representatives are or may be liable for any loss, injury, or damage to any trip traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of SOUL/O Travel or its Representatives. SOUL/O Travel and its Representatives assume no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; SOUL/O Travel and its Representatives assume no responsibility or liability for personal property; and SOUL/O Travel and its Representatives shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. SOUL/O Travel and its Representatives accept no responsibility for lost or stolen items. SOUL/O Travel and its Representatives reserve the right to refuse any traveler or potential traveler at its sole discretion.
Assumption of Risk/Waiver
Traveler is aware that travel to some areas as traveler is undertaking on the trip may involve inherent risks, some in more remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; exposure to inherent risks in riding on theme park attractions, your own negligence and/or the negligence of others, including tour guides, other travelers; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there is limited or no available medical services; fatigue, chill, overheating, and/or dizziness, known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Certain activities offered by SOUL/O Travel on certain trips may involve strenuous physical activities, including, but not limited to, biking, hiking, rock climbing, scuba diving, and extensive walking. Such strenuous activities involve the inherent risk of injury or death. You, in conjunction with your doctor, are solely responsible for understanding your health and physical limitations and determining whether certain physical activities are appropriate for you to participate in.
You are aware that travel to certain destinations will take you to areas where medical care and services are below what you are likely accustomed to. If you experience a serious illness or injury while on your trip, you may not receive adequate medical care and attention locally, which may require you to be transferred, evacuated, or repatriated to another location to receive appropriate medical attention. You shall be solely responsible for covering all costs for any medical care, transfers, evacuations, and repatriations you may request or require. Your travel insurance may cover you in such instances, but at no time shall SOUL/O Travel be responsible or liable for any costs or fees incurred under any circumstance.
Traveler understands the description of these risks and obligations is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. TRAVELER HEREBY ACCEPTS AND ASSUMES FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF ILLNESS, INJURY OR DEATH AND OF THE NEGLIGENCE OF SOUL/O TRAVEL AND AGREES TO AND SHALL HOLD HARMLESS AND FULLY RELEASE SOUL/O TRAVEL, AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS ASSOCIATED WITH THE TRIP, INCLUDING ANY CLAIMS OF THIRD PARTY NEGLIGENCE AND/OR THE NEGLIGENCE OF SOUL/O TRAVEL AND/OR ITS REPRESENTATIVES, AND TRAVELER HEREBY COVENANTS NOT TO SUE SOUL/O TRAVEL AND/OR ITS REPRESENTATIVES FOR ANY SUCH CLAIMS OR JOIN ANY LAWSUIT OR ACTION THAT IS SUING SOUL/O TRAVEL. THIS AGREEMENT ALSO BINDS YOUR HEIRS, LEGAL REPRESENTATIVES, AND ASSIGNS. THE TERMS OF THIS HOLD HARMLESS AND RELEASE OF ALL LIABILITY PARAGRAPH, SHALL SURVIVE ANY TERMINATION OR CANCELLATION OF THESE AGREED UPON TERMS AND CONDITIONS, WHETHER BY OPERATION OF LAW OR OTHERWISE.
Strenuous Activities
Certain travel packages that SOUL/O offers may involve strenuous physical activities, including but not limited to biking, hiking, rock climbing, scuba diving, and extensive walking. Such strenuous physical activities involve the inherent risk of injury and/or death.
You assume all responsibility for understanding your health and which physical activities are appropriate for you. You agree to obtain a physical examination from a licensed physician if necessary to help you know whether a given activity is appropriate for you or would pose a significant danger to your life or health. You alone are responsible for knowing your health and your physical limitations.
You assume all risks associated with engaging in such strenuous physical activities, including without limitation all risks of injury and death. On behalf of yourself, your representatives, heirs, successors, and assigns, you agree not to sue SOUL/O or its officers, directors, members, or managers or any of their representatives, heirs, successors, or assigns arising from any injury, illness, health condition, or death you may experience from engaging in any strenuous physical activity that is part of a trip.
Healthcare Facilities; Transfer or Evacuation; Costs of Medical Care
You acknowledge that your trip may take you to areas that do not provide the same level of medical care or service as that to which you are accustomed. As a result, if you experience a serious illness or injury while on your trip, you may need to receive medical care at a local medical facility that provides a lesser level of care than you are used to receiving and/or you may need to be transferred or evacuated to another location, including another country, to receive necessary medical care.
You will be responsible for covering all costs of any medical care, medical transfers, and/or medical evacuations you may require while you are traveling on a SOUL/O trip, and you agree to indemnify and hold harmless SOUL/O, its officers, directors, members, and managers and their representatives, heirs, successors, and assigns for all such costs.
Indemnification
Each traveler is expected to act responsibly and adhere to all behavior guidelines established by SOUL/O Travel, its Representatives, and our Suppliers. Our Representatives and Suppliers reserve the right to remove you from any trip if you endanger yourself or others or disrupt others. In any such case, there will be no refund.
Traveler agrees to and shall indemnify and hold harmless SOUL/O Travel and its Representatives from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by SOUL/O Travel or its Representatives (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of this Contract and (ii) any damage caused by traveler while participating in the trip.
Your Conduct & Behavior
Laws, Regulations, and Instructions: It is of utmost importance that you comply with and follow all applicable laws and regulations of the countries and regions that you are both traveling through and to as it relates to your trip. You agree you will not use, carry, or purchase drugs or other harmful substances in any location where the use of such drugs or substances is prohibited by law or regulation. You agree that you take full responsibility in understanding the relevant laws and regulations as they relate to your trip and the prohibited items, and agree to abstain from using, carrying, or purchasing such prohibited items while en route, upon return or in destination for your trip. SOUL/O Travel will not, in any way, be held responsible monetarily or otherwise to you should you be arrested, held, or prevented from continuing on your trip. You also agree to comply with all verbal instructions from the Soul/O staff and the staff of the Supplier(s) associated with your trip, so long as such instruction does not violate any laws and regulations. SOUL/O Travel, in its sole discretion, reserves the right to remove you as a participant in any trip if you fail to follow such laws, regulations, or instructions, if you fail to satisfy these Terms and Conditions, or if you behave in a way that is disrespectful, abusive, or disruptive to the trip, the staff, or any participant on the trip.
Property Damage: If you damage or steal any property owned by SOUL/O Travel, a Supplier or any third party while participating on a trip, other than normal wear and tear, you will be responsible for all costs to repair, replace and/or clean the damaged property. You will be responsible for making a full payment for any invoice received for any damages or losses to property resulting from your actions or neglect immediately upon request. To avoid being charged for loss or damage to property, please notify SOUL/O Travel or the Supplier as soon as you discover any pre-existing damage or loss to such property.
Safety Measures: We want you to return home safely after your trip. Therefore, you will take reasonable safety measures while on the trip, including without limitation using safety restraints, harnesses, helmets, seat belts, and other recommended safety gear or equipment.
Cultural Sensitivity: Your trip may introduce you to unfamiliar and exotic locations in which you may come in contact with people, whether locals or fellow travelers who are different from you. You will likely meet people from diverse cultures, ethnicities, faiths, and political backgrounds. You may experience new sights, sounds, smells, and tastes. These experiences are to be expected when traveling, as they are a benefit of the travel experience. As a traveler with SOUL/O Travel, you agree to be respectful and open-minded to new people with different views than your own, allowing you to gain new life-enriching experiences. You will always remember that as a traveler, you are guest in the destination(s) you are visiting, and you will act with the utmost respect and deference. You will not disparage people due to their differences regardless of the reasoning, nor shall you damage, deface, harm, steal, or destroy any items, structures, or artwork that have any significance to the people of the countries you visit on your trip.
Pre-Existing Medical Conditions/Persons with Disabilities
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. SOUL/O Travel will communicate requests to Suppliers but cannot be responsible if American with Disabilities Act (“ADA”) accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the ADA and may not have wheelchair accessibility.
Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify SOUL/O Travel at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
If you are pregnant or expecting at or around the time of your planned travels, please be aware that some Suppliers will not permit travel past certain gestational periods for your safety and the safety of your child/ren. If you become pregnant after booking with us, please consult with a doctor and review the Supplier terms and conditions as they relate to your booking to determine whether you will be permitted or prevented from traveling. At no time shall we be liable if you are denied boarding, embarkation, or access to a Travel Product due to your pregnancy or a pregnancy of anyone in your travel party. SOUL/O Travel shall not be liable for any losses, expenses, or refunds resulting from such loss in access to any or all components of the trip for you or anyone in your travel party.
Complaints & Disparagement
SOUL/O Travel enjoys the goodwill of the public community and appreciates feedback for our services and our Supplier’s services. On occasion, you or someone in your group may have an experience that is out of the ordinary or not up to the standards for which you were hoping. In these scenarios, you agree to inform your trip leader or contact us immediately at hello@soulotravelco.com so that they can attempt to rectify the matter. SOUL/O Travel assumes no liability for complaints that are not properly brought to the attention of the trip leader or the support team at hello@soulotravelco.com with sufficient notice to resolve or attempt to resolve complaints. This allows SOUL/O Travel to address your complaint and prevent similar problems from occurring in the future. Any complaint made after the completion of a trip must be received via email within 10 days from the end of the trip. Traveler acknowledges and agrees that SOUL/O Travel has no obligation to respond to or address any claims received after this period. You hereby agree not to disparage us by leaving a negative statement, review, report, ranking, or other written or oral statement(s) (collectively “Disparaging Statements”) about SOUL/O Travel, or our Representatives. If we find that you or anyone in your group has made Disparaging Statements, you shall be considered in breach of these Terms and Conditions and shall be subject to damages of up to $50,000 per occurrence. This clause shall survive termination of these Terms and Conditions.
Authority on Tours
Cherish trips are run by a trip leader. The decision of the trip leader is final on all matters likely to affect the safety or well-being of any person participating in the trip. If you fail to comply with a decision made by a trip leader or interfere with the well-being or mobility of the group, the trip leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips, even if they are already booked. In addition, you agree to comply with the laws, customs, foreign exchange, and drug regulations of all countries visited, as well as in accordance with our responsible travel guidelines.
Links to Third Party Sites
This Website may contain links to other websites (collectively, the “Linked Sites”). The Linked Sites are not under the control of SOUL/O, and SOUL/O is 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. SOUL/O provides these links only as a convenience to you, and the inclusion of any link does not imply endorsement by SOUL/O of the Linked Site, the services offered at the Linked Site, or the owners or operators of the Linked Site.
Intellectual Property
All content included that is part of this Website, including without limitation text, graphics, logos, images, photographs, and videos, as well as the compilation of any of these items, and any software used on the Website (collectively, the “Content”), is the property of SOUL/O or its suppliers and is 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 you will not make any changes to the Content.
You will not modify, publish, transmit, reverse engineer, decompile, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part. SOUL/O reserves all intellectual property rights associated with this Website.
Your use of the Website does not entitle you to make any unauthorized use of the Content, and you will not delete or alter any proprietary rights or attribution notices in any of the Content. You will use the Content solely for your personal use and will make no other use of the Content without the express written permission of SOUL/O and the copyright owner. You agree that your use of this Website does not give you any ownership rights in any of the Content. We do not grant you any licenses, express or implied, to the intellectual property of SOUL/O, or our licensors, except as expressly authorized by these Terms and Conditions.
No Unlawful or Prohibited Use of Website Content
You are granted a non-exclusive, non-transferable, revocable license to access and use this Website strictly in accordance with these Terms and Conditions. As a condition of your use of the Website, you warrant to SOUL/O that you will not use the Website or any of the Content for any purpose that is unlawful or prohibited by these Terms and Conditions. In addition, you will not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other person’s use and enjoyment of the Website. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
SOUL/O’s Use of Photographs, Videos, and Reviews
SOUL/O may take photographs and videos of you during your trip. You consent to SOUL/O using, reproducing, publishing, and displaying such photographs and videos, and any derivatives of such photographs and/or videos containing your likeness and/or image, for purposes of SOUL/O’s advertising and/or marketing. SOUL/O will use such photographs, videos, and derivatives containing your likeness and/or image without identifying you by name.
In addition, you consent to SOUL/O using, reproducing, publishing, and displaying any written reviews you provide to us about our Services for purposes of advertising and/or marketing our Services. In using your review in our advertising and/or marketing, we will either attribute the review to you anonymously, or we will attribute the review to you without using your last name/family name.
We may use, reproduce, publish, distribute, circulate, print, and display such photographs, videos, derivatives containing your likeness and/or image, and reviews in any medium, including without limitation in hard copy, on the internet (including without limitation on this Website and on social media), in email marketing, in flyers sent through the mail, on billboards and posters, and in any other medium we decide, in our sole and absolute discretion, to use for our advertising and/or marketing.
You may withdraw your consent for SOUL/O to use such photographs, videos, derivatives containing your likeness and/or image, and reviews by emailing us at hello@soulotravelco.com. After we receive your withdrawal of consent, SOUL/O will promptly cease using such items in its advertising and/or marketing, including removing any such items from this Website.
REVIEWS & PHOTOGRAPHIC/VIDEO LIKENESS. Traveler hereby gives consent and grants SOUL/O Travel a royalty-free, perpetual, and irrevocable license to publish any reviews and/or comments, photographs and/or videos received from Traveler, a member of Traveler’s travel group, or any Representative of SOUL/O Travel (including minor(s)) from any travel arranged by SOUL/O Travel in printed or electronic media without further consent and without compensation for purposes of advertising and marketing of our Trips, Travel Products, and services. You, and all members of your family or group traveling with you waive any right, claim or interest and release SOUL/O Travel and its representatives from any liability in connection with any use of such reviews, comments, photographs, or videos used.
Governing Law & Jurisdiction
This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado exclusive of conflict or choice of law rules. Any controversy or claim arising out of or relating to these Terms and Conditions shall be brought exclusively in a court with jurisdiction located in the State of Colorado.
Notice of Claim, Class Action Waiver & Attorneys’ Fees
YOU UNDERSTAND AND AGREE THAT NO CLAIMS WILL BE CONSIDERED AND THAT YOU WILL NOT BRING SUIT AGAINST SOUL/O TRAVEL UNLESS YOU HAVE FIRST PROVIDED A TYPEWRITTEN NOTICE OF CLAIM TO SOUL/O TRAVEL AT HELLO@SOULOTRAVELCO.COM WITHIN 30 DAYS AFTER COMPLETION OF TRAVEL OR CANCELLATION OF TRAVEL. YOU AGREE THAT YOU WILL ONLY BRING CLAIMS AGAINST SOUL/O TRAVEL IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE PREVAILING PARTY IN EITHER CASE SHALL BE ENTITLED TO A RECOVERY FOR ALL COSTS OF LITIGATION AND REASONABLE ATTORNEYS’ FEES AND COSTS, WHICH MAY BE INCURRED.
Waiver of Jury Trial
You hereby irrevocably waive, to the fullest extent permitted by law, any and all right to trial by jury in any legal proceeding arising out of or relating to these Terms and Conditions.
Admissibility of these Terms And Conditions
These Terms and Conditions, the terms and conditions of our Suppliers, and all electronic correspondence between you and SOUL/O Travel shall be admissible in all judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Entire Agreement & Severability
This agreement, including the terms and conditions of our Suppliers, any other documents, including invoices, that we provide you constitutes the entire agreement, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to SOUL/O Travel If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
International Users
This Website is controlled, operated, and administered by SOUL/O from our offices within the United States of America. If you access this Website from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use this Website in any country or in any manner prohibited by any applicable laws, rules, or regulations.
Disclaimer of Warranties
To the fullest extent permitted by law, we make no representations about the suitability of the information contained on this Website. We do not warrant the accuracy, completeness, or usefulness of this information, and we disclaim all liability and responsibility arising from any reliance by you or any other person on such information, including without limitation any person who may be informed of any of the information contained on this Website without personally accessing this Website.
Information on this Website is provided on an “as is” basis, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Under no circumstances, including negligence, shall we be liable for any direct, indirect, special, punitive, or consequential damages that result from your use of or inability to use this Website, nor shall we be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance, whether or not caused by events beyond our reasonable control, including but not limited to events of force majeure. SOUL/O takes no responsibility and assumes no liability for any additional expense, omissions, delays, or re-routing.
Travel is personal, and everyone’s goals and travel experiences are unique. We will not be bound by, or liable to you, if your trip experience differs from the travel description provided by any SOUL/O customer or from any depictions shown in photographs, videos, or other representations contained on this Website or on any websites or other materials provided by an independent third-party sales representative, travel agent, or any other person or entity. Furthermore, we will not be bound by, or liable to you, for any descriptions or warranties provided by an independent third-party sales representative, travel agent, or any other person or entity.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOUL/O 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 THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SOUL/O OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Indemnification
You agree to indemnify, defend, and hold harmless SOUL/O, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or the Content, any user postings made by you, your violation of any terms of these Terms and Conditions, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. SOUL/O reserves the right, at its 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 SOUL/O in asserting any available defenses.
Binding Arbitration
If a disagreement arises between you and us over these Terms and Conditions, or over any of the Services, or over your payment for the Services, and such disagreement cannot be resolved through negotiation or mediation, the dispute will be submitted to binding arbitration before one arbitrator located in Denver, Colorado. The arbitration will be conducted in the English language using the Consumer Arbitration Rules of the American Arbitration Association.
Each party will bear the costs of its own legal representation and one half of the arbitrator’s fees and any administrative fees associated with the arbitrator. NOTE: By agreeing to arbitrate, you are waiving the right to a jury trial.
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. YOU MAY BRING CLAIMS AGAINST SOUL/O SOLEY IN YOUR 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 SOUL/O. Further, unless both you and SOUL/O 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.
License or Registration
SOUL/O is not licensed or registered as a travel agent, travel agency, or a “seller of travel” in any state, including without limitation California, Florida, Hawaii, or Washington. Therefore, SOUL/O does not sell Services to persons located in states that require such a license or registration.
By using this Website or purchasing Services from SOUL/O, you acknowledge that you are not located in California, Florida, Hawaii, or Washington.
Termination/Access Restriction
SOUL/O reserves the right, in its sole discretion, to terminate your access to the Website or any portion thereof at any time without notice.
General Provisions
Governing Law. These Terms and Conditions are governed by the laws of the State of Colorado. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions.
No Business or Employment Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SOUL/O as a result of this agreement or your use of the Website.
SOUL/O May Comply with Legal Requirements. SOUL/O’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of SOUL/O’s right to comply with governmental, judicial, and/or law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by SOUL/O with respect to such use.
Unenforceable Provisions. If any part of these Terms and Conditions 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 these Terms and Conditions shall continue in effect.
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and SOUL/O with respect to the Website and the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and SOUL/O.
Admissibility of these Terms and Conditions. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.