Terms and Conditions

TERMS AND CONDITIONS

 

The following Terms and Conditions contain the rules that govern the relationship with ESCALA TOURISM WHOLESALER C.A., a company organized and existing in accordance with the laws of the Bolivarian Republic of Venezuela, with Tax ID number J-302896770 (hereinafter, the “Company”) and Users, as well as the processing and management of the information related with our intellectual property rights and the contents on the Site. It is understood that the User agrees to comply the following Terms and Conditions:

 

I. COMMERCIAL TERMS

a. Package: All prices are per person, in US Dollars, and are subject to change, without notice, by currency fluctuation, hotels or airlines rates changes, or increase in operational costs, until the Company receives the total amount of the payment.

b. Exclusions: Prices do not include airfares unless otherwise stated, visa & passport costs, insurance, airport departure taxes, gratuities, meals not mentioned in the itinerary, telephone calls, other personal or incidental items or any other features not listed above.

c. Final Payment: Full payment is at the moment of booking.

Making a payment by credit card is subject to the following conditions:

(i) The credit card holder must be one of the passengers traveling;

(ii) If using a Travel Agent, the Travel Agent must have sighted the credit card and holds a signed authority for this transaction or the cardholder’s signature on file;

(iii) The Travel Agent will be liable for any disputed amount arising from a dispute as a result of a credit card chargeback.

d. Revisions and Cancellations: In the event Users need to change their travel plans after booking, certain restrictions may apply. Revision, cancellation and refund policies vary in accordance with hotels and product policies. In addition, the Company reserves the right to charge $50 as an administrative fee.

e. Carnival, New Year's and Other Special Dates and Holidays: All amounts paid toward travel during these time periods are not refundable and not transferable. Other significant restrictions may apply depending on Hotel and product policies enforce at that time. Users shall inquire with their travel consultant at time of booking for details of these and other restrictions.

f. Refunds: Refunds of unused services, if applicable are subject to carrier tariff rules. In all cases, cancellation fees will apply. Unused purchased hotel and ground options may be refundable under certain circumstances beyond the Company’s control. All requests for refunds must be made in writing 30 days prior to of travel and must include any unused vouchers. Refund policies can vary by hotel and product. Some departure dates may have special minimum stay and refund policies for reservations during certain peak travel times in addition to the normal policies. Other restrictions may apply. Please inquire at time of booking.

g. Travel Insurance: The Company strongly recommends the purchase of travel insurance. Please inquire as to cost and coverage at time of booking.

h. Documents: A valid Passport will be required for international travel, which must be valid for 6 months beyond the intended stay. Depending on the nationality, some countries in North America, South America, Europe, Africa and Asia may require a visa to be stamped into Users’ passport. It is Users’ responsibility at the time of booking time to know of any visa requirements and it is Users’ responsibility to obtain all relevant entry, exit, health documentation. Passport, visa and health requirements are not the Company’s responsibility and the Company will not be liable for any loss or expense due to the failure to comply to the above.

i. Privacy Statement: The Company will not disclose or use personal information of Users according to the Privacy Policy of the Company, except for the following purposes:

(i) To keep Users updated and informed about the Company and its services and this website;

(ii) If the Company is required to disclose such information by any applicable legal requirement or regulation;

(iii) To help any provider to get paid for any extra charge made by the passenger.

j. Responsibility: The Company acts only as an agent for the passenger and cannot be held responsible for services provided by airlines, hotels or any other supplier. The Company cannot be held liable for any injuries, damages or losses caused to any traveler in connection with terrorist activities, social or labor unrest, mechanical failures, climate conditions, criminal acts or any other condition outside the Company’s control.

 

II. PROPERTY RIGHTS AND USE OF THE SITE CONTENT

The content on this Site is provided for informational purpose about the activities and services of the Company. Such content is protected by intellectual property rights related to Company’s trademarks, trade names, logos, designs, images, graphics, figures, labels, patents, logos, slogans, software and others. The unauthorized use of such content may violate laws and infringe intellectual property rights. The Company will strongly protect their intellectual property rights, using all the legal remedies available.

It is strictly prohibited to use, copy, reproduce, distribute, publish, post, transmit, modify, adapt, translate, display, sell, grant a license, or exploit the contents of this Site for commercial or public purposes, without the prior written consent of the Company.

 

III. REQUEST OF INFORMATION

User may submit to the Company their queries and/or request of information related to the Site. Users acknowledge and warrant that such information transmitted to the Company not violate rights of third parties and is not confidential, exempting the Company from any liability. Users grant to the Company a royalty-free, perpetual and irrevocable license to use and reproduce such information for any lawful purpose.

From time to time the Company may restrict access to some parts of the Site, or the entire Site, to Users who have registered with the Company.

 

IV. PRIVACY POLICY

Please review the Company’s Privacy Policy, which also governs the use of the Site.

 

V. LIMITATION OF LIABILITY

This Site, its content and any information provided through this Site are offered in good faith and were created with the highest possible degree of professional accuracy. However, the Company does not represent or warrant that the Site, any content, or services are accurate, or error-free, that the information will always be available, or that the Site or servers, hardware, or software used in connection with the Site are free of viruses, malware, or other harmful components. In no event will the Company be liable for any special, incidental, indirect, or consequential damages whatsoever arising from User’s access or use of, or inability to access or use, the Site.

 

VI. INDEMNIFICATION

Users agree to indemnify, defend, and exempt the Company of any liability, as well as its affiliates and subsidiaries, its officers, directors, owners, employees, licensors and agents from and against any claims, actions, suits, demands, damages, liabilities, costs and expenses (including but not limited to attorneys’ fees) generated as a result of using this Site, including any content submitted or published, or for violation of these Terms and Conditions.

 

VII. MAINTENANCE OF THE SITE

Users acknowledge and agree that from time to time the Company may need to: (i) fix defects and errors in the Site; (ii) install updates and undertake general diagnosis and maintenance of the Site; and (iii) undertake emergency maintenance and/or suspend access to the servers and that as a result of which the Site may be less accessible or unavailable to Users from time to time.

 

VIII. NULIDAD

If any of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision shall be void and shall not affect the validity or enforceability of the remainder of these Terms and Conditions.

 

IX. VARIATION

The Company may revise these Terms and Conditions at any time by amending this page. Users are expected to check this page from time to time to take notice of any amendment or modification, as they are binding on Users.

 

X. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, United States of America. The Users shall submit to such jurisdiction any legal action related to this Site and these Terms and Conditions.

 

XI. CONTACT INFORMATION

Users may submit their queries and/or request of information in the following email address: om@escalatravel.com

 

Effective Date: March 2nd, 2020.

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