Consent to Terms and Conditions: Access to and use of the services of VOYAGE AND VIBES, LLC (“VOYAGE AND VIBES” and “Our”) and Our website is subject to acceptance of these Terms and Conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through Our offices or through Our website, including but not limited to purchasing or participating in any Voyage offered by VOYAGE AND VIBES, You, the purchaser and/or traveler (“Customer” and “You/Your”) agree to be bound by these Terms and Conditions. The terms “Customer” and “You/Your” as used herein includes all travelers on any Voyage offered by VOYAGE AND VIBES, regardless of the identity of the person booking the Voyage. If You do not accept all of these Terms and Conditions, do not use Our services or Our websites. These Terms and Conditions govern the relationship between VOYAGE AND VIBES and You, the Customer. No alterations to these Terms and Conditions may be made by any VOYAGE AND VIBES employee, authorized representative or agent, unless in writing by an authorized officer of VOYAGE AND VIBES.

Description of Services: VOYAGE AND VIBES provides hosted and packaged travel experiences (“Voyages”) using third-party service providers (“Independent Service Providers”). Each Voyage includes only the goods and services specifically listed in the itinerary for such Voyage (“Itinerary”). Any additional services, including but not limited to transportation to a destination or property, excursions, tours, side trips, lodging, food and beverages, or other goods and services not specifically described in the Itinerary as included in the Voyage will be the responsibility of the Customer.

Use of Voyage and Vibes 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 VOYAGE AND VIBES by any means, including Our website in accordance with all Terms and Conditions herein. You agree to be financially responsible for all of Your travel bookings and for use of Your account by or on behalf of others, including, without limitation, minors living with You. You agree to supervise all usage of VOYAGE AND VIBES communications by minors under Your name or account. You also warrant that all information supplied by You or members of Your household transacting business with VOYAGE AND VIBES is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel reservation services provided by VOYAGE AND VIBES shall be used only to make legitimate reservations or purchases for You or for another person for whom You are legally authorized to act.

Agreements and Policies of Independent Service Providers: By making a reservation with VOYAGE AND VIBES, You are authorizing VOYAGE AND VIBES to enter into agreements with Independent Service Providers on Your behalf for the services listed in the Itinerary. Separate Independent Service Provider terms and conditions will apply to Your reservation and purchase of travel-related goods and services that You select. You agree to abide by these Terms and Conditions and by the terms and conditions imposed by all Independent Service Providers and any other supplier with whom You elect to deal, including, but not limited to, payment of all amounts when due, compliance with the applicable rules and restrictions regarding availability, and use of fares, products, or services. You understand that any violation of these Terms and Conditions or of the terms and conditions of any Independent Service Provider or other supplier may result in cancellation of Your reservation(s) or purchase, in Your being denied access to any flights, hotels, cruises, or automobiles, in Your forfeiting any monies paid for such reservation(s) or purchase, and in VOYAGE AND VIBES debiting Your account for any costs VOYAGE AND VIBES incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of Your travel bookings through access provided by VOYAGE AND VIBES. If You make a reservation with VOYAGE AND VIBES on behalf of any other individual (including, without limitation, minors living with You), You understand and agree that You are responsible for ensuring that such individuals comply with these Terms and Conditions and the terms and conditions of any Independent Service Provider or other supplier with whom You elect to deal. Customer is responsible for all damage caused by You or any individual whose Voyage You booked, and You agree to pay the cost of all such damage immediately upon request.

Air Travel: Unless expressly set forth in the Itinerary, airline reservations are not included in the Voyage. It is Your responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. VOYAGE AND VIBES shall not assume any responsibility for any air and/or ground schedule changes.

Taxes, Duties, and Fees: Every attempt has been made to include all taxes in Your Voyage package. However, in the event that VOYAGE AND VIBES determines that certain taxes have not been included in the Voyage, You are responsible for paying such taxes. In particular, in some instances, certain departure taxes must be paid in cash only, upon departure from a country, and may vary in price, and You will be required to pay those taxes at the time of departure. You are also responsible for all duties, tariffs, and fees assessed in connection with the Voyage or as a result of any additional services You obtain or purchases You make during the Voyage, including but not limited to fees charged by the Independent Service Providers that are not included in the Itinerary (such as baggage fees, resort fees, and rental fees).

Payment Schedule and Default: VOYAGE AND VIBES accepts bookings for Voyages until all spots are filled. The total fee for each Voyage is set forth on the applicable Voyage’s webpage. All reservations made within 30 days of departure must be paid in full at the time of booking. VOYAGE AND VIBES offers a payment plan for its Customers who purchase Voyages four or more months prior to departure. If final and full payment is not received by the applicable due date, Your reservation is subject to cancellation. As a result of such cancellation, VOYAGE AND VIBES’ and the Independent Service Providers’ cancellation penalties will apply, which are detailed in these Terms and Conditions, in Your travel documentation, and/or on the websites of the Independent Service Providers. In the event that the payments You have made to VOYAGE AND VIBES prior to cancellation are insufficient to cover VOYAGE AND VIBES’ cancellation fees plus cancellation penalties owed to Independent Service Providers, You hereby authorize VOYAGE AND VIBES to charge all remaining cancellation fees and penalties to the credit card You authorized VOYAGE AND VIBES to charge to pay for travel services.

Cancellation Fees & Refund Policy: The $500.00 Deposit paid at the time of booking Your Voyage is non-refundable. In the event that You cancel Your Voyage prior to departure, You agree that You will pay the following cancellation fees to VOYAGE AND VIBES:

• Cancellation within 30 days of booking Voyage: $500.00 non-refundable Deposit
• Cancellations more than 90 days prior to Voyage: $500.00 non-refundable Deposit plus 25% of the cost of the Voyage
• Cancellations within 90 days of Voyage: $500.00 non-refundable Deposit plus 100% of the cost of the Voyage

In the event that Your payments to VOYAGE AND VIBES exceed the applicable cancellation fee set forth above, the balance of Your payments after deduction of the cancellation fees shall be refunded to You.

Unused Arrangements: As VOYAGE AND VIBES prices for Voyages are based on contract rates, there will not be any credit or refund given for any unused portion of a Voyage.

Travel Documents: It is the responsibility of each Customer to obtain and carry a valid passport, visa(s), and all other documents required by the applicable government and immigration regulations and authorities for each destination. As examples of regulations, please note that: (a) certain countries will not admit a tourist if their passport expires within six months of the date of entry; (b) children and infants may also require certain travel documents; (c) minors traveling with one parent or without both parents may not be admitted to certain destinations unless authenticated and verified consent forms are provided to the authorities; and (d) non-United States citizens may require additional documentation. You are solely responsible for payment of all fines, penalties, or other costs incurred as a result of Your documents (and the documents of any traveler whose Voyage You booked) not meeting the requirements demanded by the governmental authorities of each destination, including all additional fees and travel costs incurred to return to the United States due to insufficient documentation.

Individual Entry and Exit Requirements: Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If You have a current or past offense, and You are unsure how the country You are traveling to or through views that offense, please contact that country directly for entry and exit requirements. VOYAGE AND VIBES feels it is an invasion of privacy for any member of Our staff to make any inquiry concerning our Customers’ criminal background. You are solely responsible for payment of all fines, penalties, or other costs incurred as a result of Your failure or the failure of any traveler whose Voyage You booked to meet entrance and exit requirements of any country You are traveling to or through, including all additional fees and travel costs incurred to return to the United States.

Health and Security Requirements: It is Your responsibility to ensure that You and every traveler whose Voyage You booked have the proper immunizations, inoculations, vaccinations, and other health requirements of the destination, have all required documentation of such immunizations, inoculations, and vaccinations before travel, and make the necessary accommodations for security rules imposed by government authorities. VOYAGE AND VIBES shall not assume responsibility for the accuracy of health requirements or documentation prior to departure or upon landing at the final destination. See Your health practitioner for advice. If You are concerned about taking any medications or receiving certain immunizations, inoculations, or vaccinations, check with Your health practitioner before booking. Check the USA State Department website travel.state.gov for destination information, and the USA Centers for Disease Control cdc.gov/travel for health issues.

Risks/Safety: Travel to certain destinations may involve greater risk than others and travel conditions to other countries can change at any time. VOYAGE AND VIBES urges Customers 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.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, VOYAGE AND VIBES 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. CUSTOMER’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.

Responsibility and Disclosure: VOYAGE AND VIBES is not the source or supplier of the travel services included in a Voyage. VOYAGE AND VIBES is acting solely as a booking agent for Independent Service Providers, including cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and other services. VOYAGE AND VIBES has no responsibility for the services provided by Independent Service Providers, as each Independent Service Provider is an independent entity with its own management and is not subject to the control of VOYAGE AND VIBES. Customer understands and agrees that the Independent Service Providers whose names appear in travel documentation and other travel materials are those actually responsible for providing the travel services purchased, and Customer consents to the use of those Independent Service Providers and understands and agrees that each Independent Service Provider’s terms and conditions are contained in printed form and/or on their respective websites governing the transaction.

Limitations on Liability: Customer understands and acknowledges that VOYAGE AND VIBES does not have the right to control the operations of the Independent Service Providers, and agrees that VOYAGE AND VIBES is not liable for any accident, personal injury, or property damage, which may arise out of these services. VOYAGE AND VIBES is not liable, whether based in contract, tort, strict liability, or otherwise, for any damages or losses incurred in connection with the goods or services provided by any Independent Service Provider, including without limitation, liability for any act, error, omission, injury, loss, accident, delay, or irregularity which may occur through the fault, negligence, willful acts, or omissions of the Independent Service Providers or of their respective employees, agents, servants, or representatives, or any other third party. VOYAGE AND VIBES is not liable for any damages or losses related to the Independent Service Providers’ failure to deliver, or their partial or inadequate delivery of, services. Customer’s booking of a Voyage shall constitute consent to the above, and You understand that Your legal recourse concerning any Voyage is against the Independent Service Provider offering the services.

Customer agrees that VOYAGE AND VIBES is not and shall not be liable for any accident, personal injury, property damage, or personal loss to Customer or to those traveling with Customer, resulting from acts of God or Force Majeure, illness, disease, overbooking, downgrading of accommodations or services, mechanical or other failure of airplanes or other means of transportation, failure of any transportation mechanism to arrive or depart on time, fuel increases, or any other occurrences or conditions beyond VOYAGE AND VIBES’s control.

Many Independent Service Providers reserve the right to refuse service at their sole discretion, including without limitation if an individual lacks proper documentation, has a contagious disease, is under the influence of alcohol or other substances, or is disruptive or unruly. VOYAGE AND VIBES is not responsible for the acts of any Independent Service Provider in refusing service. If You or any traveler whose Voyage You booked are required to spend additional nights at a destination or en route to a destination due to weather, flight schedules, or other factors outside VOYAGE AND VIBES’ control, You shall be responsible for all hotel, transfers, and meal costs for such additional nights. Weather conditions are not guaranteed and are outside the control of VOYAGE AND VIBES. The presence or absence of particular weather conditions will not result in any refund or credit to Customer.

VOYAGE AND VIBES reserves the right to cancel any Itinerary or any part of it, to make such alterations in the Itinerary as VOYAGE AND VIBES deems necessary or desirable, to refuse to accept or to retain as a member of any Voyage any person at any time, and to pass on to Customers any expenditure occasioned by delays or events beyond Our control. In case of any appreciable variation in Our cost, VOYAGE AND VIBES reserves the right to adjust Our rates, including the cost of any Voyage already booked. VOYAGE AND VIBES has solely received a commission and/or a service fee for this transaction and Customer agrees and understands that any recovery from VOYAGE AND VIBES will be limited to the commission and service fee actually received by VOYAGE AND VIBES. In no event shall VOYAGE AND VIBES be liable for special, consequential, exemplary, punitive, or indirect damages.

Waivers and Indemnification: VOYAGE AND VIBES and any Independent Service Provider offering services for a Voyage may require You to sign waivers relating to services provided during a Voyage. If You refuse to sign a requested waiver, You understand and agree that You may not be permitted to participate in all or part of a Voyage.

You agree that You will indemnify, defend, and hold VOYAGE AND VIBES and Our owners, affiliates, employees, representatives, agents, and independent contractors harmless from any third-party claims, injuries, losses, or damages (including but not limited to any claims, injuries, losses, or damages asserted by any traveler whose Voyage You booked) arising from or related to any goods or services provided by VOYAGE AND VIBES or any Independent Service Provider. You further agree that You will pay VOYAGE AND VIBES’ attorneys’ fees and expenses incurred as a result of any such third-party claim, injury, loss, or damage. The indemnification obligations pursuant to this section 16 shall include any claims, injuries, losses, or damages caused in part by the negligence or wrongful acts of VOYAGE AND VIBES; provided, however, that You shall not be obligated to indemnify VOYAGE AND VIBES for claims, injuries, losses, or damages that are determined by a factfinder to have been caused solely by the negligence or wrongful acts of VOYAGE AND VIBES.

Alterations in Travel Plans: Alterations in an Itinerary may be necessitated for any number of reasons, including but not limited to severe weather. These alterations will be made at the sole discretion of VOYAGE AND VIBES and subject to Independent Service Providers’ terms and conditions. If a property, supplier, activity, or area is unavailable or deleted from an Itinerary for any reason, it may be replaced with a comparable one at the sole discretion of VOYAGE AND VIBES.

Force Majeure: “Force Majeure” means any circumstances beyond the reasonable control of VOYAGE AND VIBES, including but not limited to acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences. VOYAGE AND VIBES shall not be deemed to be in breach of these Terms and Conditions or otherwise be liable to You, by reason of delay in performance, or by non-performance, of any of Our obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.

If VOYAGE AND VIBES or any Independent Service Provider is affected by any Force Majeure, VOYAGE AND VIBES may in Our sole discretion vary or cancel any Itinerary or arrangement in relation to the Voyage. The issuance of credit or payment of any refund as a result of non-performance shall remain in Our sole discretion. VOYAGE AND VIBES may deduct from any credit or refund the reasonable actual and potential costs to VOYAGE AND VIBES of the Force Majeure, including the cancellation fees set forth in these Terms and Conditions and any fees assessed by Independent Service Providers.

In the event of civil unrest, once VOYAGE AND VIBES has investigated the prevailing situation as VOYAGE AND VIBES deems fit, it shall remain in VOYAGE AND VIBES’ sole discretion whether to proceed with the trip. You may in such circumstances cancel the trip subject to the cancellation fees set forth herein and subject to each Independent Service Provider’s terms and conditions.

Insurance: VOYAGE AND VIBES recommends You purchase trip cancellation and travel accident insurance. Purchasing insurance can help protect You from financial loss due to cancellation, delay, interruption, emergency evacuation, accidents abroad, medical emergency transportation, illness, lost luggage, flight mishaps, missed connections, overbooking, job loss protection, change of plans, weather conditions, volcanic eruptions, accidental death, disability, and Independent Service Provider default or bankruptcy. VOYAGE AND VIBES recommends that You purchase available insurance coverage at an additional charge, including one or more of the following types of insurance:

• Trip Cancellation
• Trip Interruption
• Emergency Medical Expenses
• Emergency Evacuation/Repatriation of Remains
• Trip Delay
• Baggage & Personal Effects
• Baggage Delay

The terms of Your insurance policy will dictate whether, and to what extent, coverage for any financial loss may exist. VOYAGE AND VIBES is not an insurance provider, and any coverage referenced or listed on Our website is offered by an Independent Service Provider.

Video and Photo Use: Customer hereby authorizes VOYAGE AND VIBES to take photographs and videos of the Voyage, and expressly permits the use of such photographs and videos for marketing purposes, including marketing on Our website, without notice or compensation to Customer. All such photographs and videos are the property of VOYAGE AND VIBES.

General: This agreement is governed by the laws of the State of Tennessee, USA. You consent to the exclusive jurisdiction and venue of courts in Davidson County, Tennessee, USA, in all disputes arising out of or relating to travel bookings with VOYAGE AND VIBES, including the use of the VOYAGE AND VIBES website. If VOYAGE AND VIBES employs an attorney to enforce any provisions of these Terms and Conditions, to defend any claims filed against VOYAGE AND VIBES related to these Terms and Conditions or any Voyage offered by VOYAGE AND VIBES, or to protect Our interest in any matter arising under or related to these Terms and Conditions or any Voyage offered by VOYAGE AND VIBES, VOYAGE AND VIBES shall be entitled to recover from Customer all of Our attorneys’ fees, costs, and expenses, including those incurred prior to filing any lawsuit, and those incurred through trial, appeals, and any bankruptcy proceeding.

Use of the VOYAGE AND VIBES website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including this section 21. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, 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 remaining provisions shall continue in full force and effect.

The failure of VOYAGE AND VIBES to enforce any provision of these Terms and Conditions shall not be construed as a waiver or modification of such provision, or impairment of Our right to enforce such provision thereafter.

These Terms and Conditions and any other terms and conditions referenced herein constitute the entire agreement between the Customer and VOYAGE AND VIBES with respect to travel bookings made with VOYAGE AND VIBES by any means, including the use of Our website, and supersede all prior or contemporaneous communications and agreements. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.