PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE.
ElegantEnchantedEscapes.com offers access to and use of this website, subject to your acceptance of the following terms and conditions. This “website” is defined in the broadest sense and is meant to include all information and content located at the url ElegantEnchantedEscapes.com, including, but not limited to, all navigational links and sub-domains. By accessing and using this website, you agree to be legally bound to all of the following terms and conditions, including the limitations of liability of ElegantEnchantedEscapes.com, and including any amendments to these terms and conditions which ElegantEnchantedEscapes.com, in its sole discretion, may make to this website in the future. You also agree to convey the contents of these terms and conditions relating to travel to your traveling family members or companions.
If you do not agree to all of these terms and conditions, you may not use this website.
1. Age of Majority
When you use this Website, you agree that you are at least 18 years old and can enter into binding contracts.
2. Lawful use only
You may use this Website for lawful purposes only. Any act or omission by you or anyone acting on your behalf that, in ElegantEnchantedEscapes.com sole discretion, violates any of these terms and conditions, or impairs, inhibits or otherwise restricts or prevents any third party from accessing and using this Website, or through the use of this Website defames, harasses, abuses, offends or threatens any other user or third party is strictly prohibited. Further, you shall not transmit, post or otherwise submit any information to this Website that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Also, ElegantEnchantedEscapes.com may monitor any transmissions or submissions you make to determine, in its sole discretion, your compliance with these terms and conditions, and ElegantEnchantedEscapes.com may, at its option, record by tape, digital or other format any conversations between you and ElegantEnchantedEscapes.com.
3. Information on website
Except as permitted by ElegantEnchantedEscapes.com, you agree not to use or authorize the use of the information on this Website for any purpose other than personal use, and not to engage or authorize anyone to engage in the resale, redistribution, and use of the information on this Website for commercial purposes. Any and all information, content and software that is on this Website, including HTML codes and software made available to download from this Website, is our copyrighted work or the copyrighted work of our suppliers or licensors. All rights therein are reserved. The names “ElegantEnchantedEscapes.com,” ElegantEnchantedEscapes, Elegant Enchanted Escapes, travel partner names and logos, graphics and depictions of materials, and the individual personal and company names of ElegantEnchantedEscapes.com Independent Travel Advisors are the proprietary property and service names/marks or trademarks of their respective owners, and may not be used by you without the prior express written permission of ElegantEnchantedEscapes.com or the respective owners, as applicable. ElegantEnchantedEscapes.com reserves the right to withhold such permission in ElegantEnchantedEscapes.com sole discretion. Other service, product and company names mentioned on this Website may be the service names/marks or trademarks of their respective owners. You shall not provide links to or frame all or any part of this Website without the prior express written permission of ElegantEnchantedEscapes.com. Viewing, reading, copying or otherwise reproducing anything on this Website in accordance with these terms and conditions does not entitle you to any ownership or intellectual property or proprietary rights.
4. Confidentiality, financial responsibility and privacy policy
You are responsible for maintaining the confidentiality of your personal passwords, usernames, login, and account information. You are financially responsible for all uses of this Website by you and anyone using your passwords, usernames, login, or account information. You are responsible for acquiring and maintaining any and all telephone, computer hardware, Internet access services and other equipment or services necessary to access and use this Website, and all costs and fees associated with Internet access or long distance telephone or other charges incurred regarding your access and use of this Website.
Your use of this Website is subject to ElegantEnchantedEscapes.com Privacy Policy located on this Website. Your acceptance of these terms and conditions for access to and usage of this Website is also your consent to the information practices contained in ElegantEnchantedEscapes.com Privacy Policy. You agree that you will only provide ElegantEnchantedEscapes.com and its suppliers and licensors with complete, accurate and current personal information, as required. You may correct your personal contact and billing information at any time by accessing and updating your account through contacting Amber@ElegantEnchantedEscapes.com.
5. Suspension, termination and restriction of website use
ElegantEnchantedEscapes.com reserves the right, in its sole and absolute discretion, to suspend or terminate your access to all or part of this Website and to deny or revoke issuance of any account or username at any time, without notice and for any reason. Such suspension or termination shall not limit or otherwise affect any right or relief at law or in equity to which ElegantEnchantedEscapes.com may otherwise be entitled. ElegantEnchantedEscapes.com also may restrict access to parts of this Website.
6. Additional terms and conditions; amendments
Additional terms and conditions may apply to ElegantEnchantedEscapes.com to reservations, purchase of goods and services and other uses of parts of this Website, and you also agree to comply with such other terms and conditions. ElegantEnchantedEscapes.com reserves the right, in its sole and absolute discretion, to change this agreement at any time by posting the changed terms or conditions on this Website. Changed terms and conditions shall be effective from and after being posted on this Website. You are encouraged to visit this Website periodically in order to review any changes that have been made. Your continued access and use of this Website following the posting of any such changes shall automatically be deemed your acceptance of said changes.
7. No warranties
Unless a supplier other than ElegantEnchantedEscapes.com has agreed otherwise, the information, content, code, access, and other features of this website are provided on an “as is” and “as available” basis and without warranties of any kind either express or implied, including, but not limited to, warranties of accuracy, reliability, merchantability, fitness for a particular purpose, and non-infringement. ElegantEnchantedEscapes.com does not warrant that any such features will operate uninterrupted, securely or in an error-free fashion, that defects will be corrected, or that this website or the server are free of viruses or other harmful components. Applicable law may not allow exclusion of implied warranties, so the above exclusion may not apply to you.
8. Limitation of liability
ElegantEnchantedEscapes.com acts as an advisor for the airlines, tour operators, cruise lines, lodging providers, car-rental companies, ground operators and any other suppliers of travel services or products shown on your itinerary. ElegantEnchantedEscapes.com, including its directors, officers, shareholders, employees, representatives, advisors, independent contractors, suppliers and licensors, is not responsible for the acts or omissions of such suppliers or their subcontractors or their failure to provide services or products, adhere to their own schedules or honor their contracts. Third-party links and pointers are included solely for your convenience, and do not constitute any endorsement by ElegantEnchantedEscapes.com and/or its suppliers or licensors. Any concerns regarding services or resources provided by such third-party links or pointers should be directed to the particular third party involved. ElegantEnchantedEscapes.com does not guarantee or warrant the accuracy or completeness of the information or content included on the websites of these third parties. In no event will it.Com, including its directors, officers, shareholders, employees, representatives, advisors, independent contractors, suppliers or licensors, be liable for any injury, death, loss, claim, accident, act of god, delay or any damages of any kind, including, without limitation, lost profits and cost of procurement of substitute products or services, arising out of your use or inability to use any information, content or features of this website, or your failure to access or click-thru access any information, content or features, even if ElegantEnchantedEscapes.com has been advised of the possibility of such damages or injury and whether such damage or injury is based on contract, tort or any other legal theory. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
9. Limitation of damages
Despite the above limitation on liability, if ElegantEnchantedEscapes.com is found liable for any injury or damage, in no event shall the amount of damages recoverable from ElegantEnchantedEscapes.com exceed the amount we received from you in connection with the transaction for which you are seeking damages from us.
10. Release regarding hazards
ElegantEnchantedEscapes.com has no special knowledge regarding foreign entry requirements, unsafe conditions, health hazards, weather hazards, supplier bankruptcies, or the suitability for disabled persons of any portion of any tour.
For foreign entry requirements, go to http://travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html.
For State Department travel advisories, go to http://travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html.
For foreign health requirements and dangers, go to http://wwwn.cdc.gov/travel/default.aspx. You hereby release ElegantEnchantedEscapes.com from any claims resulting in whole or in part from any problem covered in this paragraph and any other causes not within its control, and you agree to submit all other claims against ElegantEnchantedEscapes.com within 30 days after the return of your trip.
11. Power of attorney
As our client, you hereby appoint ElegantEnchantedEscapes.com to be your attorney-in-fact for the purpose of signing all documents necessary to purchase and issue airline tickets, tours, cruises, and hotel guarantees for late arrival. As your attorney-in-fact for the above purpose, you authorize ElegantEnchantedEscapes.com to sign credit card authorizations for said purchases whenever it receives an Internet booking request reasonably believed to be from you or someone acting on your behalf requesting those tickets be charged to your credit card account. You agree that you will pay for all such purchases and will not hold ElegantEnchantedEscapes.com responsible for any of its actions pursuant to this power of attorney.
12. Indemnification
You shall be responsible for indemnifying and holding ElegantEnchantedEscapes.com and its directors, officers, shareholders, employees, representatives, advisors, independent contractors, suppliers and licensors harmless from and against any and all claims and expenses incurred, including, but not limited to, reasonable attorney’s fees, costs and disbursements, arising out of or related in any way to your breach of any of these terms or conditions, access or use of this Website under any usernames, passwords or logins issued or attributable to you and your failure to provide accurate, current and complete information. If you use this Website to purchase products or services for or on behalf of any third party, you are responsible for any error in the accuracy of information provided in connection with such use. Also, you must inform the third party of all of these terms and conditions applicable to all products or services acquired through this Website, including all rules and restrictions applicable thereto.
13. Exclusive jurisdiction, venue and choice of law
With the exception of suits in equity for a restraining order and/or an injunction, which injunctive relief may be sought from and issued by any court of competent jurisdiction in any appropriate venue, all suits in connection with, or incident to, your agreement to these terms and conditions shall be litigated, if at all, in the United States of America, in the courts of the State of Texas, in the County of Harris or the United States District Court for that district of Texas, to the exclusion of other courts of any other state or county or federal court, according to Texas law and without regard to Texas conflicts of law provisions. You further consent to the jurisdiction of such courts and waive any objection to venue therein.
14. Injunctive relief
You agree that any breach or violation or attempted breach or violation of these terms and conditions will cause irreparable harm to ElegantEnchantedEscapes.com and that the amount of said harm will be difficult to determine and for which there will be no adequate remedy at law. Therefore, you agree that ElegantEnchantedEscapes.com shall be entitled to an injunction issued by any court of competent jurisdiction in any appropriate venue, to restrain such breach or violation or attempted breach or violation of these terms and conditions, and that ElegantEnchantedEscapes.com shall be entitled to recover from you any and all expenses incurred in obtaining such injunctive relief, including, but not limited to, reasonable attorney’s fees, costs and disbursements. You further agree that ElegantEnchantedEscapes.com shall not have to post a bond or security to obtain such injunctive relief.
15. Third party enforcement
These terms and conditions are for the benefit of ElegantEnchantedEscapes.com and its suppliers and licensors, each of which shall have the right to enforce them, as applicable.
16. Limitation of Refunds; Cancellations and Changes
All airlines impose cancellation and change penalties, up to 100% for many discount tickets, in addition to the collection of the additional fare, if any. All tour operators and cruise lines, and some hotels and car-rental agencies, impose cancellation and change penalties, too. Please view the applicable rules of the particular travel provider involved before you make your reservation. Airline tickets purchased through this Website are subject to the published conditions of carriage and rules of the applicable airline. Name changes to airline tickets are not permitted at any time. In the event of a total cancellation, airfares may be non-refundable. Should the airfare be non-refundable, the carrier may allow future travel for the same passenger within a 1-year time period. ElegantEnchantedEscapes.com reserves the right to charge an administrative fee for each airline ticket issued through this Website as the result of an original purchase or as a result of a change or cancellation. Your hotel reservation made through this Website may be changed or cancelled at any time prior to the hotel’s cancellation deadline, subject to prevailing ElegantEnchantedEscapes.com fees. If you do not cancel or change your reservation before the hotel’s cancellation deadline, you will be subject to a charge. See the hotel description and/or your reservation confirmation email for each hotel’s cancellation policy period and applicable fees. Room rates in a city are obtained through the Pegasus System and other reservation systems. Rates posted on this Website may not include all available and published room rates. ElegantEnchantedEscapes.com makes no guarantee or warranty that a hotel room will be available below or within the stated price range. All hotel pricing information available on this Website is subject to change without notice. Hotel reservations made directly with a hotel may only be cancelled or changed in accordance with the policies of that particular hotel. Unless a reservation is made directly with a hotel, date changes cannot be made to a confirmed hotel reservation. If you wish to add names, arrive earlier or extend your stay, you must contact the hotel directly. If your hotel allows a change to a reservation confirmed through this Website, additional room charges may be applicable and are at the discretion of the hotel and may be at the hotel’s prevailing rates at the time of your request. Cruise lines have reserved the right to change itineraries at any time. If travel insurance is not purchased, there will be a per-cabin cancellation fee charged plus any charges imposed by the cruise line for any cancelled reservation. Whenever you book a room through this website with the “Lowest Price” icon or other indicator that pre-payment is required, your credit card is charged for the full amount immediately. The full amount is the total cost of your reservation and includes the room rate, tax charges and our service fees. You agree that if a request for purchase of a hotel reservation is accepted, your credit card information will be forwarded to the hotel in order for the hotel to charge the entire amount of the stay, including standard city and sales taxes, to your credit card at the time the reservation is confirmed. Depending upon the city you select, a local tax or “hotel occupancy tax” may apply. These taxes will be added by your hotel and will be payable at check-out. When you check in, a photo ID and credit card will be required to secure any additional local hotel occupancy taxes and incidental charges (phone calls, room service, movie rentals, etc.) that you may incur during your stay.
ElegantEnchantedEscapes.com STRONGLY RECOMMENDS TRAVEL INSURANCE.
See the links on our website for more information and to purchase.
PLEASE NOTE: ADDITIONAL SPECIFIC HOTEL SERVICE AND AIRLINE TICKET RESTRICTIONS FOR RESIDENTS OF WASHINGTON AND OREGON. In addition to the foregoing general information regarding hotel services and airline tickets, the following restrictions apply specifically to residents of the states of Washington and Oregon, as indicated:
Additional Specific Hotel Service Restrictions
For Washington Residents: If lodging or other services are canceled by a participating hotel, all sums paid to such hotel for services not performed will be refunded to the User within thirty days of receipt of the funds from the hotel with whom the services were arranged, or if the funds were not sent to the hotel, the funds shall be returned within fourteen days after cancellation to the User unless the User requests the hotel to apply the money to another travel product and/or date.
For Oregon Residents: Lodging and all other services are sold to you on a nonrefundable basis. If you cancel any service for any reason, sums paid by you for those services will not be refunded.
Additional Specific Airline Ticket Restrictions: New DOT Rules & Regulations: I understand that any travel I am purchasing which includes airfare (airline tickets, tours and cruises including air) are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government. I acknowledge that I may be charged additional sums by ElegantEnchantedEscapes.com and/or the supplier to offset increased fees, fuel surcharges, taxes, fluctuations in foreign exchange markets or any combination thereof. I hereby consent to any post-purchase price increases and authorize ElegantEnchantedEscapes.com and/or the supplier to charge my credit card for such additional amounts. For transactions which include airfare, additional fees and restrictions may apply for baggage. Please visit the air carrier’s website for detailed baggage rules and fees.
For Washington Residents: If transportation or other services are canceled by a participating airline, all sums paid to such airline for services not performed will be refunded to the User within thirty days of receipt of the funds from the airline with whom the services were arranged, or if the funds were not sent to the airline, the funds shall be returned within fourteen days after cancellation to the User unless the User requests the airline or ElegantEnchantedEscapes.com, as applicable, to apply the money to another travel service or product and/or date.
For Oregon Residents: Transportation and all other services are sold to you on a nonrefundable basis. If any service is canceled by you for any reason, sums paid by you for those services will not be refunded.
Additional terms for passengers who purchase from within California: In addition to the foregoing general information regarding payments, cancellations and refunds, the following terms apply specifically to passengers who purchase from within California, as indicated:
Right to Prompt Refund in the Event of a Cancellation: Upon cancellation of the transportation or travel services, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly paid to the passenger, unless the passenger advises the seller of travel in writing, after cancellation. This provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
California Travel Consumer Restitution Fund (TCRF): This Seller of Travel is not a participant in the California Travel Consumer Restitution Fund.
Purchase Money Protection: California law requires certain sellers of travel to have a trust account or bond. This business has a trust account held by parent company: Inteletravel.com.
17. Delays
Flight delays are very common today. If your flight is delayed for any reason, the airlines are not required by law to pay for your en route expenses, such as meals, hotels, taxis, and phone calls.
18. Check your itinerary
As soon as you receive your booked itinerary, check it thoroughly to make sure it is correct as to dates, times, fares, and rates.
19. Reconfirmation
Schedule changes are quite common today. ElegantEnchantedEscapes.com urges you to re-check exact flight times prior to departure and prior to your return.
20. Package trips
If you book a trip, we must collect the tour operator’s or cruise line’s deposit when reservations are made. The amount of the deposit, the refund allowed, and the times for canceling vary according to the tour operator or cruise line. We do not endorse or recommend any particular tour operator or cruise line; ElegantEnchantedEscapes.com role is strictly limited to facilitating the booking. After you finish your booking, we will send you any agreement required by the travel services supplier, along with a request that you sign that agreement and return it to us.
21. Charter trips
If your package trip involves a charter flight or if your vacation involves an air-only charter flight, federal regulations require that you also sign the charter operator’s participant agreement, which will be mailed to you.
It is extremely important that you realize that, for charters:
Departure times (both going and returning) can change at the last minute. Legally, these delays can be as much as 48 hours (approximately two days late).
Your flight may be advertised as non-stop. However, the operator may legally change the routing and make intermediate stops at the last minute.
The charter operator may legally substitute types of aircraft and even airline at the last minute. Charter aircraft are generally not as comfortable as scheduled aircraft.
The charter operator generally takes no responsibility for baggage. It is possible to have luggage misplaced.
Charter trips have very stiff cancellation penalties. No one plans a trip with the idea of canceling. However, sometimes that becomes necessary, and you must understand what to expect or not to expect in the way of refunds.
Usually, no frequent flier miles are accrued.
Advance seat assignments are frequently not available.
22. Final payment
For all vacation trips, you must have made full payment before we release the tickets or documents.
23. Non-use of coupons
In the event that you purchase a ticket or tickets containing flight coupons that you may or may not use, we do not guarantee that the airline will honor the ticket or tickets, and you agree to indemnify us against airline claims for the difference between the full fare for your actual itinerary and the value of the ticket that you purchased.
24. Non-use of discounts or incentives
Frequent traveler points, upgrades, certificate vouchers, and other discounts and incentives may not be applied towards rooms reserved through this Website.
25. Foreign currency and prices
Currency rates quoted on this Website are based on various publicly available sources. Rates are not verified as accurate, and actual rates may vary. If you select a country and purchase airfare not originating from that country, prices may not be accurate.
26. User submissions
Unless you give ElegantEnchantedEscapes.com prior written notice otherwise, if you transmit, post or otherwise submit information to this Website, other than your personal contact, billing and other information protected from disclosure by ElegantEnchantedEscapes.com Privacy Policy, you automatically grant ElegantEnchantedEscapes.com the royalty-free, non-exclusive right and license to use, copy, format, adapt and publicly display such information, in whole or in part, worldwide, and/or to incorporate the same in this Website and/or works in any form, media or technology, now known or developed in the future. ElegantEnchantedEscapes.com may, in its sole discretion, edit, refuse to post, or remove any information you transmit, post, or otherwise submit to this Website.
27. Miscellaneous provisions
If any provision of these terms and conditions shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, you agree that the remaining provisions shall remain in full force and effect. You further agree that the provisions of these terms and conditions shall be enforced to the fullest extent permitted by applicable law. Accordingly, you agree that if any provisions are deemed unenforceable, they shall be deemed modified to the extent necessary to make them enforceable. All headings to these terms and conditions are for your convenient reference only, are not to be deemed a part of these terms and conditions and shall not limit or in any other way affect their meaning or interpretation. All of these terms and conditions, as amended from time to time, shall survive their acceptance by you and their termination. These terms and conditions represent the entire understanding and agreement between you and ElegantEnchantedEscapes.com regarding their subject matter and supersede any other prior agreements, understandings, or representations regarding said subject matter.
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