Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE THE SITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THE SITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.
These terms and conditions (“Terms and Conditions”) govern the relationship between Pisano Destinations, LLC (“Pisano Destinations, LLC” and/or “we/us/our”) and you, the purchaser and/or traveler (“Client” and “passenger” and “you/your”). By planning travel with Pisano Destinations, LLC, you agree to be bound by these terms and acknowledge that Pisano Destinations, LLC acts solely as a booking agent for disclosed principal supplier tour operators, cruise lines, hotels, airlines, air charters,
bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and other services (“Supplier(s)”) and is not the source or provider of the travel services. These terms include warranties and disclaimers and exclusions of liability and may restrict your rights and remedies and provide protection to Pisano Destinations, LLC.
Pisano Destinations, LLC Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
1. USE OF PISANO DESTINATIONS, LLC SERVICES, ACCESS AND INFORMATION FOR TRAVEL BOOKINGS
You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to make travel bookings with Pisano Destinations, LLC. You agree to be financially responsible for all of your travel bookings made on behalf of yourself and any member of your traveling party and warrant that all information supplied by you on behalf of yourself, members of your household, or others for whom you are authorized to transact business with us is true and accurate. You agree that you will only make legitimate reservations or purchases with Pisano Destinations, LLC and its Suppliers, and acknowledge that, without limitation, any speculative, false, or fraudulent reservation is prohibited.
All bookings are accepted by Pisano Destinations, LLC as agent for the travel Suppliers on your itinerary. Separate Supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select, and you understand and agree to abide by the terms and conditions of purchase imposed by any Supplier that you have selected as a service provider on an itinerary you have approved.
2. PAYMENTS AND CANCELLATIONS
Pricing. All rates are per person, subject to availability at time of booking, and may increase without notice. Non-discountable fees (port charges) are included in pricing unless otherwise stated. Airfare, air taxes, transfers, government fees and taxes are additional unless otherwise stated. A booking processing fee is additional and subject to change without notice. Ask your agent for details. Information and pricing is subject to change without notice. In the event of a pricing error, or any other
misrepresentation or omission, we reserve the right to adjust the pricing or make any other corrections.
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through Pisano Destinations, LLC. By submitting a credit card authorization form to Pisano Destinations, LLC, you agree to allow Pisano Destinations, LLC to use your payment method to purchase travel products from our Suppliers on your behalf. EXCEPTING IN CASES OF FRAUD, YOU AGREE NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE AND BOOKING TERMS AND CONDITIONS OF PISANO DESTINATIONS, LLC OR ITS SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF PISANO DESTINATIONS, LLC OR ITS SUPPLIERS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, PISANO DESTINATIONS, LLC RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.
All payments for travel are due prior to departure according to each Supplier’s terms and conditions of booking. You understand that failure to make final payment or any violation of a Supplier’s conditions of purchase may result in cancellation of your reservations, in your being denied access to any flights, tours, hotels, cruises, or other travel services, or in your forfeiting any monies paid for your reservations. In some cases, there is NO REFUND once a booking is made and under deposit. You may not be entitled to a refund if you change or cancel your travel plans after confirmation of a booking. All cancellation requests must be sent to Pisano Destinations, LLC in writing. As a result of cancellation, Pisano Destinations, LLC's and third-party Supplier’s cancellation penalties will apply. Cancellation fees will be charged to the credit card or other payment method you authorized to pay for travel services or deducted from the Supplier’s refund.
Cancellation policies and fees. It is the passenger's responsibility to know and understand the operator's and Pisano Destinations, LLC, cancellation penalties. You may visit the operator's website to view those policies. The policies of Pisano Destinations, LLC are set forth as follows: Pisano Destinations, LLC is not responsible or liable for any negligent acts or defaults of the operator or anyone else not under our control should you wish to cancel your travel plans, your right to a refund is limited by the operator's terms and Pisano Destinations, LLC policies. In the event you cancel your trip once it has been deposited, there will be a $50 per person cancellation fee assessed by Pisano Destinations, LLC in addition to the operator's cancellation fees. The operator will credit your credit card account the reimbursable funds due you and Pisano Destinations, LLC will charge your credit card for the cancellation fee. Your credit card statement reference line will display navigant international and will not reflect a description of this fee. The operator(s) and Pisano Destinations, LLC may change their cancellation policies at any time. Cancellations are subject to the protection of agency revenue.
Please contact us about the cancellation of a booking or closing of an account.
Cancellations or changes (with respect to the travel date, destination, place where the trip starts, property or means of transport) to a booking can be made by contacting us.
You do not have an automatic right to cancel or change a booking unless allowed by the relevant Travel Provider under their Rules and Restrictions (which are provided to you before you make a booking).
Travel Providers may charge you fees for cancelling (in full or part) or changing a booking. Such fees will be set out in the Rules and Restrictions. You agree to pay any charges that you incur. Please be aware that for changes, the price of your new arrangements will be based on the applicable price at the time you ask us to make the change. This price may not be the same as when you originally booked the Travel Services. Prices tend to increase the closer to the departure date that the change is made.
If you want to cancel or change any part of a booking and such cancellation or change is allowed by the relevant Travel Provider, then, in addition to any charges imposed by the Travel Provider, we may also charge you an administration fee. If such an administration fee applies, it will be notified to you before you agree to proceed with the change/cancellation.
Other cancellation or change
We (and the relevant Travel Provider) may cancel your booking if full payment for the booking, or any applicable cancellation/change charge or fee relating to a booking is not received when due.
For a variety of reasons (such as a property is overbooked due to connectivity issues or a property is closed due to a hurricane, etc.), it is possible that a booking may be cancelled or changed by the Travel Provider or us. If this happens, we will make reasonable efforts to notify you as soon as possible, and offer alternative options/assistance or a refund where possible.
Refund
Any refunds will be transferred back to you to the payment method you used to make the original booking. Such refunds will be made by the party that took your original payment. Our fees are not refundable unless this is stated otherwise during the booking process.
3. STORED PAYMENT INFORMATION
Our Privacy Statement provides information on how we use your payment and account information when you elect for us to store a credit or debit card or other payment method for future use.
Payment verification
You authorize the relevant company or the Travel Provider to:
verify your payment method by obtaining a pre-authorization, charging a nominal fee or through other
verification means, and
on verification, charge your payment method.
Fees charged by banks
Some banks and card issuers impose fees for international or cross-border transactions. For example, if you make a booking using a card issued in a different country from the Travel Provider’s location or you choose to transact in a currency that is different from the local currency of our Service, your card issuer may charge you an international or cross-border transaction fee.
Also, some banks and card issuers impose fees for currency conversion. For example, if you make a booking in a currency different to the currency of your credit card, your card issuer may convert the booking amount to the currency of your credit card and charge you a conversion fee.
If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank or card issuer. Our Group of Companies is not associated or responsible for any fees relating to varying exchange rates and card issuer fees.
Alternative payment methods
We may partner with providers of alternative payment methods (such as consumer finance companies), to provide our travelers with alternative payment methods. Our Group of Companies does not endorse or recommend any alternative payment provider or their products or services. Our Group of Companies is not responsible for the content or the acts or omissions of any alternative payment provider. Your use of any such provider’s payment method is at your own risk and will be governed by such provider’s terms and policies.
Currency conversion
Any currency conversion rates displayed on our Service are based on public sources and current exchange rates, which may vary at the time of travel. Such rates are provided for information purposes only and our Group of Companies does not guarantee the accuracy of such conversion rates.
Fraud
If a booking or account shows signs of fraud, abuse, association with a government-sanctioned person or entity, or other suspicious activity, we may request extra information from you.
If we reasonably conclude that a booking or account is associated with fraud or suspicious activity, we may:
cancel any bookings associated with your name, email address or account
close any associated accounts, and
take legal action, including to seek to hold you liable for any loss.
4. TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS
It is the responsibility of each Client to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry acceptable identification in order to board a flight. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are DHS-designated enhanced driver’s license, Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. 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 Client to miss flight(s), and subsequent scheduled travel bookings on cruises and tours.
WHEN YOU RECEIVE ANY AND ALL TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO REVIEW AND VERIFY ALL INFORMATION FOR ACCURACY. CONTACT PISANO DESTINATIONS, LLC IMMEDIATELY IF CHANGES OR CORRECTIONS ARE REQUIRED.
Pisano Destinations, LLC strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the anticipated date of return. Non- United States citizens may require additional documentation. Client is responsible to make Pisano Destinations, LLC aware when traveling on a passport from a country other than the United States of America. Pisano Destinations, LLC neither controls nor warrants the issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued, Pisano Destinations, LLC is not responsible for lost payments made toward the contemplated trip. Please note that rules of each country regarding entry and exit change on a daily basis.
Children and infants also require 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; please see https://help.cbp.gov/s/article/Article-3643 for additional information. The U.S. Customs and Border Protection Agency requires that for groups of children under age 19 arriving to the United States by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader in writing.
5. INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or prior criminal offense, contact that country directly for entry and exit requirements. You can visit the US State Department Website for further information about these requirements. See, https://travel.state.gov/content/travel.html. We do not inquire about an individual’s criminal record in the interest of respecting our Clients’ privacy. For example, if traveling to or through Canada, individuals with a Driving While Intoxicated (DWI) record should review current entry requirements. See: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility.html.
6. HAZARDOUS MATERIALS
Federal law prohibits passengers from bringing hazardous materials on the aircraft.
(1) Federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous aterials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals.
(2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed http://www.tsa.gov/traveler-information/prohibited-items.
7. INSECTICIDE NOTICE
We recommend that you refer to the DOT list of airports in countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft. This list is on the DOT’s website and is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
8. HEALTH/IMMUNIZATIONS
You must have the proper immunizations and health screenings and required documentation of such immunizations and screenings before travel. Pisano Destinations, LLC shall not assume responsibility for the accuracy of health, vaccination, or documentation prior to departure or upon landing at the final destination. In some cases, required inoculations must be recorded by Client’s health practitioner on a valid vaccination certificate, which the Client must carry for proof of inoculation. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues related to travel.
9. AIR TRAVEL, SCHEDULE RECONFIRMATION, CHECK-IN
Pisano Destinations, LLC shall not assume any responsibility for any air schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Failure to use a reservation may result in automatic cancellation of all continuing and return flights, as well as forfeiture of airfares.
Airline e-tickets expire a year from issue date unless carrier fare rules in passenger’s itinerary fare provide otherwise.
Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights.
10. UNUSED ARRANGEMENTS, MINIMUM PASSENGER REQUIREMENTS AND ALTERATIONS TO BOOKINGS
When tour, cruise or package prices are based on Suppliers’ contract rates, you will not be entitled to any refund for any unused portion of travel.
Some group tours are based on minimum numbers of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed, or the tour may be canceled. Any cancellations of a tour or package for reason of failing to meet the minimum traveler requirement will be governed by the tour operator’s cancellation policy.
If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you. Certain bookings may not be able to be changed. All requests for changes to a booking must be made in writing to Pisano Destinations, LLC.
The Supplier may determine that alterations in itinerary are necessary for any number of reasons, including but not limited to severe weather. Any alterations to an itinerary are at the sole discretion of the Supplier, and Pisano Destinations, LLC bears no responsibility for any changes.
11. LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
Pisano Destinations, LLC acts solely as a booking agent for disclosed principal Suppliers and is not the source or provider of any travel service. Each Supplier is an independent entity with its own management and is not subject to the control of Pisano Destinations, LLC. The Suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and you consent to the use of those Suppliers.
BECAUSE PISANO DESTINATIONS, LLC ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE THAT PISANO DESTINATIONS, LLC IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. PISANO DESTINATIONS, LLC HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH PISANO DESTINATIONS, LLC, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR CANCELLATION AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY, OR CESSATION OF OPERATIONS AND OTHER MATTERS
OUTSIDE OF PISANO DESTINATIONS, LLC’S CONTROL, AND YOU HEREBY EXONERATE PISANO DESTINATIONS, LLC FROM ANY LIABILITY WITH RESPECT TO THE SAME.
PISANO DESTINATIONS, LLC HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM PISANO DESTINATIONS, LLC WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED BY PISANO DESTINATIONS, LLC.
12. RISKS/SAFETY
BY BOOKING TRAVEL WITH PISANO DESTINATIONS, LLC, YOU ARE AGREEING TO TERMS THAT WILL WAIVE CERTAIN LEGAL RIGHTS. Certain activities that are included as part of itineraries that we book pose inherent risks and may be dangerous. Your itinerary may also involve travel to remote areas without access to medical facilities or treatment; changing weather conditions; interactions or encounters with wildlife. By booking a trip with Pisano Destinations, LLC, you acknowledge that you are aware that the physical exertion required to participate in certain activities can activate or aggravate pre-existing injuries, conditions, or congenital defects. You acknowledge that you should seek medical advice if you know or suspect that your physical condition may be incompatible with the activities on your itinerary. You may be required to wear approved safety equipment while participating in certain activities, and by booking travel with us and participating in these activities, you agree to use the recommended safety equipment and to ask questions if you are unsure about how to properly or safely use equipment.
If you use, consume, or are under the influence of alcohol or drugs, or are taking certain prescription medications prior to or while engaging in any activities on your itinerary, YOU ASSUME AND ACCEPT ALL RISKS, DANGERS, AND HAZARDS THAT MAY RESULT FROM THIS INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS, even in the event of negligence or fault by Pisano Destinations, LLC or third parties, and you indemnify Pisano Destinations, LLC from any and all liability for any damage to property or personal injury to any third party, resulting from your participation in the Activities, while, during, or after consumption of drugs or alcohol.
Travel to certain destinations may involve greater risk than others. Pisano Destinations, LLC urges Clients to remain informed on a daily basis as to current news events, 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 health and safety conditions in various countries and the level of risk associated with travel to particular international destinations can be found at
http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, PISANO DESTINATIONS, LLC DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CLIENT’S OWN RISK.
In the event of emergent health or safety concerns, once Pisano Destinations, LLC has investigated the prevailing situation, Pisano Destinations, LLC shall have the sole and absolute discretion whether to proceed with any Pisano Destinations, LLC escorted trip or private departure, or to make alterations to the itinerary.
13. FORCE MAJEURE
Pisano Destinations, LLC will not be in breach of these terms and conditions or otherwise be liable to you, for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, including web host and internet service provider, breakdown or malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes including, but not limited to extreme weather events, floods and volcanic eruptions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, and any other unforeseen circumstance which is beyond the control of Pisano Destinations, LLC. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
In addition, each of Pisano Destinations, LLC’s Suppliers have terms and conditions which include Force Majeure provisions. In the event that a Force Majeure event occurs, those Suppliers may be entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any itinerary or arrangement in relation to the trip. Payment of any refund to you as a result of the non-performance of any obligations hereunder shall remain in the sole and absolute discretion of the Supplier, pursuant to their policies, although Pisano Destinations, LLC shall use its reasonable efforts to secure reimbursement for you where possible.
14. CLIENT CONDUCT
Each participant in any trip escorted by Pisano Destinations, LLC is expected to act responsibly and adhere to all behavior guidelines established by Pisano Destinations, LLC and our Suppliers, including adhering to dress codes at religious or cultural sites, or Supplier dress codes. Pisano Destinations, LLC and all local Suppliers reserve the right to remove you from any facility, hotel or resort property, tour location or means of transportation if your health or your conduct appears to endanger yourself or others, disrupts the general well-being of other clients on any element of your trip, or interferes with the operation or security of the places you visit. In any such case, there will be no refund.
When you book with Pisano Destinations, LLC, you are responsible for knowing and observing the laws and regulations of the jurisdictions on your itinerary, and accept responsibility for any damage or loss caused by your failure to adhere to the law, or from your conduct in general. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other Supplier. You must indemnify Pisano Destinations, LLC for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a trip, or any portion of a trip. You agree not to hold Pisano Destinations, LLC or any of its related entities liable for any actions taken under these terms and conditions. Baggage and personal effects are at all times the sole responsibility of the participant.
Any transportation, possession or use of illegal drugs will result in immediate termination of your trip and may result in prosecution by law enforcement authorities. You are responsible for knowing and observing the licensing laws for drug possession (including prescription and over the counter drugs) for all countries and states you are visiting. Laws may require you to carry a prescription from your doctor.
15. CURRENCY FLUCTUATIONS
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations. Pisano Destinations, LLC is not responsible for surcharges or foreign transaction fees imposed by Client’s credit card or bank.
16. TRAVEL INSURANCE
PISANO DESTINATIONS, LLC OFFERS ACCESS TO TRAVEL INSURANCE TO PROTECT PASSENGERS AND THEIR INVESTMENT IN TRAVEL. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CLIENT’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY
PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION, REPATRIATION, BAGGAGE, PERSONAL EFFECTS/LOST LUGGAGE, BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, Client understands and agrees that if Client cancels or interrupts Client’s travel for any reason, portions of the trip/tour may not be refunded and Pisano Destinations, LLC’s and travel Suppliers’ cancellation penalties will apply resulting in the loss of monies up to the full cost of Client’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by Pisano Destinations, LLC, however if you decline to purchase insurance, Pisano Destinations, LLC will require that you execute an insurance waiver. Pisano Destinations, LLC is not a licensed insurance broker, and its advisors are not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for any travel insurance selected. PISANO DESTINATIONS, LLC CANNOT GUARANTEE THAT ANY INSURANCE PROVIDER WILL APPROVE COVERAGE FOR A CLAIM MADE UNDER THE INSURER’S POLICY AND MAKES NO REPRESENTATIONS ABOUT THE EXTENT OF COVERAGE FOR ANY POLICY IT MAY OFFER OR QUOTE.
17. INDEMNITY
You agree to defend and indemnify Pisano Destinations, LLC and our Partners and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (“Losses”), including but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:
your breach of these Terms or the documents referenced in them
your violation of any law or the rights of a third-party, oryour use of our Service,
to the extent that such Losses are not directly caused by the actions of our Group of Companies or our Partners (as applicable).
18. LIABILITY LIMITS.
PISANO DESTINATIONS IS ACTING AS AN INTERMEDIARY AND AGENT. IT IS NOT INVOLVED IN SELLING SERVICES, OR IN ACCEPTING RESERVATIONS OR BOOKINGS FOR SERVICES THAT ARE NOT DIRECTLY SUPPLIED BY THIS AGENCY SUCH AS AIR TRANSPORTATION, HOTEL ACCOMMODATIONS, GROUND TRANSPORTATION, MEALS, TOURS, CRUISES, ETC.) PISANO DESTINATIONS THEREFORE SHALL NOT BE RESPONSIBLE FOR BREACH OF CONTRACT OR ANY INTENTIONAL OR CARELESS ACTIONS OR OMISSIONS ON THE PART OF SUCH CRUISE LINES AND SUPPLIERS, WHICH RESULT IN ANY LOSS, DAMAGE, DELAY, OR
INJURY TO YOU, YOUR TRAVEL COMPANION(S) OR GROUP MEMBERS. PISANO DESTINATIONS SHALL NOT BE RESPONSIBLE FOR ANY INJURIES, DAMAGES, OR LOSSES CAUSED TO ANY TRAVELER. BY EMBARKING ON HIS/HER TRAVEL, THE PASSENGER VOLUNTARILY ASSUMES ALL RISK INVOLVED WITH SUCH TRAVEL, WHETHER EXPECTED OR UNEXPECTED.
ELEMENTS OF THIS WEBSITE ARE PROTECTED BY COPYRIGHT, TRADE DRESS, AND OTHER LAWS AND MAY NOT BE COPIED OR IMITATED WHOLE OR IN PART. NO LOGO, GRAPHIC, SOUND, IMAGE, OR HTML CODING FROM THIS WEBSITE MAY BE COPIED, ALTERED, OR RETRANSMITTED UNLESS EXPRESSLY PERMITTED BY PISANO DESTINATIONS.
PISANO DESTINATIONS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE PAGES AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE. SUCH DOCUMENTS ARE PROVIDED”AS IS”, WITHOUT WARRANTY OF ANY KIND. PisanoDestinations.com HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY FITNESS, A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PisanoDestinations.com BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION IN CONTRACT OR AN ACT OF TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE.
THIRD PARTY DATA, DESCRIPTION, AND INFORMATION
SOME OF THE MATERIALS WITHIN THIS WEBSITE HAVE BEEN PREPARED AND ARE MAINTAINED BY THE PARTIES NOT UNDER THE CONTROL OF isanoDestinations.com WHILE PisanoDestinations.com, BELIEVES MATERIALS TO BE ACCURATE, THEIR PRESENCE ON THIS WEBSITE IS NOT AND SHOULD NOT BE
CONSTRUCTED AS AN ENDORSEMENT BY PISANO DESTINATIONS, OR REPRESENTATION BY PISANO DESTINATIONS, THAT SUCH MATERIALS ARE ACCURATE. ISANO DESTINATIONS SHALL NOT BE RESPONSIBLE FOR DAMAGES OR LOSSES INCURRED BY ANY USER AS A RESULT OF SUCH USER’S USE OF, OR RELIANCE OF SUCH THIRD PARTY MATERIALS.
LINKS TO THIRD-PARTY SITES
GENERAL LIMITATION OF LIABILITY: IN NO EVENT SHALL PISANO DESTINATIONS INCLUDING ITS OWNERS, REPRESENTATIVES, AFFILIATES, OR PROVIDERS (COLLECTIVELY, THE “COVERED PARTIES”), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, RODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF PISANO DESTINATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, PisanoDestinations.com, ITS PARTNERS AND DIRECTORS, ACCEPT NO RESPONSIBILITIES FOR ANY DAMAGE AND/OR DELAY DUE TO PROVIDER CANCELLATIONS, SHORTAGES, SICKNESS, PILFERAGE, LABOR DISPUTES, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER OR
CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY. NO COVERED PARTY SHALL BE RESPONSIBLE FOR ANY PROVIDER’S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, NOR SHALL ANY COVERED PARTY BE RESPONSIBLE FOR ANY OTHER WRONGDOING OF A PROVIDER (INCLUDING ANY LIABILITY IN TORT), AS TO ANY PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THIS SITE. NO COVERED PARTY SHALL BE RESPONSIBLE FOR ANY PROVIDER’S FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS NOR FOR ANY PROVIDER’S
FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE AND LOCAL LAW INCLUDING, WITHOUT LIMITATION, LAWS GOVERNING THE SALE, WARRANTY, AND RETURN OF PERISHABLES.
IF, NOTWITHSTANDING THE ABOVE, A COVERED PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THIS SITE, USER AGREES THE LIABILITY OF ANY SUCH PARTY SHALL IN NO EVENT EXCEED THE FEE OR CHARGE TO THE USER ASSESSED BY PISANO DESTINATIONS FOR MAKING A PURCHASE.
TRADEMARKS
PISANO DESTINATIONS IS A TRADEMARK.OTHER PRODUCT AND COMPANY NAMES MENTIONED HEREIN MAY BE THE TRADEMARKS OF THEIR RESPECTIVE OWNERS.
19. RESERVATION OF RIGHTS, CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms will be provided to Clients, will be posted on our website and are effective immediately on posting.
20. DISPUTES AND ARBITRATION
Please read this Section carefully. It requires that any and all claims be resolved by binding arbitration or in small claims court, and it prevents you from pursuing a class action or similar proceeding in any forum. Arbitration is required if your country of residence enforces arbitration agreements, including without limitation, the United States. If you are outside the United States but attempt to bring a claim in the United States, arbitration is required for determination of the threshold issue of whether this dispute resolution section applies to you, as well as all other threshold determinations, including residency, arbitrability, venue, and applicable law. If your country of residence does not enforce arbitration agreements, the mandatory pre-arbitration dispute resolution and notification and prohibition on class actions or representative proceedings provided below still apply to the extent enforceable by law.
We are committed to traveler satisfaction and to resolving consumer disputes in a timely and efficient manner. We have a two-step dispute resolution process that includes: (1) investigation and negotiation of your claim with our Traveler Support team; and, if necessary, (2) binding arbitration administered by the American Arbitration Association (“AAA”) or, for arbitrations outside of the United States, an agreed upon arbitral tribunal. You and us each retain the right to seek relief in small claims court as an alternative to arbitration.
Agreement to arbitrate (“Arbitration Agreement”)
You and we mutually agree that any disputes between us arising out of or relating in any way to our Service, these Terms, our Privacy Statement, any services or products provided by us or any of our subsidiaries, Travel Providers, or companies offering products or services through us, any dealings with our Traveler Support agents, or any representations made by us (“Claims”), will be resolved by binding arbitration, rather than in court except those resolved in small claims court. This includes any Claims you assert against us, our subsidiaries, Travel Providers, or any companies offering products or services through us (which are beneficiaries of this Arbitration Agreement). This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against, any third parties, including but not
limited to your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claims are in relation to your use of the Travel Services. To the extent that any third-party beneficiary to these Terms brings claims against the entities covered by these Terms; those claims shall also be subject to this Arbitration Agreement. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including without limitation the existence, scope, or validity of the Arbitration Agreement, any defense to arbitration such as issues relating to whether this Arbitration Agreement can be enforced, is unconscionable or illusory, and any defenses to arbitration, including without limitation jurisdiction, waiver, delay, laches, or estoppel.
Small claims court matters
Notwithstanding the foregoing arbitration provisions, either you or we may bring, or remove, any claim in small claims court if the claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding. Further, if the claims asserted in any demand for arbitration is within the small claims court’s jurisdictional limit, then either you or us may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, or in accord with the AAA rules, by notifying the other party of that election in writing.
No class actions or representative proceedings
You and we agree that any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action, including without limitation as a private attorney general. The arbitrator may not consolidate more than one party’s Claims and may not otherwise preside over any form of any class or representative proceeding. You and we further acknowledge that you are each waiving your right to a jury trial.
Arbitration rules and governing law
This Arbitration Agreement is a “written agreement to arbitrate” evidencing a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the AAA’s Consumer Arbitration Rules or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. The arbitrator shall apply the law of the state of Washington, regardless of conflict of laws principles, except that the FAA governs all provisions relating to arbitration. Foreign laws do not apply. This Arbitration Agreement can only be amended by mutual agreement in writing.
Mandatory pre-arbitration dispute resolution and notification
Prior to initiating arbitration, you agree to give us the opportunity to resolve any Claims by notifying us of the Claim in writing and attempting in good faith to negotiate an informal resolution.
You must send, by certified mail, a written and signed Notice of Dispute (“Notice”) addressed to: Legal Department/Dispute Resolution Provision,
The Notice must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your reservation, (4) a brief description of the nature of your complaint, (5) the resolution that you are seeking, and (6) your signature.
If we are not able to resolve your complaint within 60 days of you providing Notice, you may commence an arbitration proceeding. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. AAA does not have authority to administer or adjudicate the Claim unless and until all Pre-Arbitration Dispute Resolution and Notification requirements have been met. The statute of limitations shall be tolled while the parties engage in the dispute resolution process required by this Section.
Commencing arbitration
To initiate arbitration, you must file the Demand with the AAA as specified in the AAA Rules. The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879.
A party initiating an arbitration against us must send the written Demand for Arbitration to Pisano Destinations
Arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules or by mutual agreement between you and us. The Arbitration shall be held either: (i) at a location determined by AAA pursuant to the AAA Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) via videoconference.
Attorneys’ fees and costs
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules, and where appropriate, limited by the AAA Consumer Rules. In order to initiate arbitration, each party will be responsible for paying the filing fees required by the AAA, which are approximately equivalent to current court filing fees. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, or you would otherwise be eligible for a fee waiver in court, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
Arbitrator’s decision
There is no judge or jury in arbitration, and court review of an arbitration award is limited under the FAA. The arbitrator’s decision will include the essential findings and conclusions on which the arbitrator bases the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide
relief warranted by the claimant’s individual claim.
Severability and survival
If any portion of this Disputes and Arbitration Provision is found to be unenforceable or unlawful for any reason, (1) such portion will be severed and the remainder of the Provision will be given full force and effect; and (2) to the extent that any Claims must therefore proceed on a class, collective, consolidated, or representative basis, such Claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual Claims in arbitration.