TERMS AND CONDITIONS
StarBreeze Travel, LLC, a South Dakota limited liability company (referred to herein as the “Company”) has engaged with you, as the customer (referred to herein as “Customer”) to render services. Customer acknowledges and agrees that by using the services of the Company, Customer agrees to the following Terms and Conditions:
1. Agency and Relationship. Customer understands that the Company acts as an intermediary between themselves and third-party travel suppliers (airlines, hotels, cruise lines, tour operators, etc.). The Company is not responsible for the acts or omissions of these suppliers. The Company is not responsible for any damages arising out of the actions of third-party travel suppliers.
2. Payment and Cancellations. By reserving with the Company, the Customer confirms they are authorized to use the provided payment methods and authorizes the Company to charge the full amount, including taxes, and any applicable fees. Payment will be processed at the time of purchase. Customer acknowledges that deposits and payments are subject to supplier cancellation policies. Refunds, if any, are determined by the supplier and may take several weeks to process. Customer understands that travel advisor fees are non-refundable.
Customer shall be responsible for all charges, fees, duties, taxes, and assessments arising out of their travel bookings through the Company. Company reserves the right to modify service fees, administrative fees, and other agency imposed fees. Fee changes will apply to bookings made after the effective date of the change.
3. Travel Documents. Customer is responsible for ensuring all travelers have valid passports, visas, and required documentation. Customer understands that entry requirements can change and it is their responsibility to verify current requirements before travel.
4. Travel Insurance. Travel insurance has been offered to the Customer and Customer understands its importance in protecting their travel investment. Regarding Travel Insurance, Customer chooses to:
ÿ Purchase travel insurance through their advisor.
ÿ Purchase travel insurance independently.
ÿ Decline travel insurance and accept all associated risks.
5. Limitation of Liability. Customer releases the Company and its agents from liability for any loss, damage, injury, or expenses arising from circumstances beyond their control, including but not limited to: supplier bankruptcies, weather events, acts of God, force majuere, government actions, epidemics or pandemics, terrorism, health emergencies, and similar. Customer agrees to indemnify and hold the Company harmless from all actions, penalties, claims, demands, liabilities, expenses, and losses of whatever kinds or nature arising out of or in connection with using the Company’s services.
The Company does not guarantee the accuracy, completeness, or timeliness of any information provided by third-party travel suppliers. The Company shall not be liable for any errors, omissions, or changes to information provided by third-party travel suppliers, including pricing errors, schedule changes, or service modifications.
6. Disclaimer. Customer acknowledges that all booking services, travel information, and other services provided by the Company are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied. The Company does not promise any particular end result or provide any warranty in connection the services provided by the Company, or the information provided to Customer, whether express, implied, or statutory, including but not limited to any warranty of merchantability or fitness for a particular purpose. In no event shall the Company be liable to Customer for any damages, including but not limited to, direct, indirect, special, or consequential damages or any damages for lost profits arising out of, resulting from, or in any way connection to the services and/or information provided by the Company to Customer, whether or not based upon warranty, tort, or otherwise, and whether or not the loss was sustained from, arose out of, or was the result of the services/information provided by the Company.
Except for actions or claims arising from the gross negligence or intentional or willful misconduct of the Company, the Company’s total liability to you shall not exceed the amount paid by you to the Company.
7. Right to Correct Errors and Offers Subject to Availability. The Company reserves the right to correct errors. In the event of any pricing error or omission, the Company reserves the right to adjust or correct such pricing. All offers, incentives, and promotions, may be subject to availability and may change without notice. Customer is advised to confirm reservations well in advance of their anticipated dates of travel to avoid disappointment, increase in fares, and additional late booking fees.
8. Choice of Law, Venue and Attorney’s Fees. These Terms and Conditions shall be governed by the laws of the State of South Dakota. Venue of any proceeding arising out of these Terms and Conditions shall be Pennington County, South Dakota. The non-prevailing party in any legal or equitable action arising out of or relating to these Terms and Conditions or services including arbitration, administrative, appellate and/or bankruptcy proceedings shall reimburse the prevailing party on demand for all attorney’s fees, costs, and expenses incurred by the prevailing party in connection with the action.
9. Severability. In the event any of these Terms and Conditions are determined to be invalid, illegal, or unenforceable for any reason, in whole or in part, the remaining Terms and Conditions shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
10. Reservation of Right and Changes to These Terms. The Company reserves the right, in their sole discretion, to change these Terms and Conditions at any time without notification.
