Overview and Acceptance of Terms
Welcome to Cerchio.com. This website is solely designed to serve and assist customers in planning their travel itineraries. By using the website for your travel needs and any other permitted purposes, you agree to adhere to the terms and conditions contained herein. These terms and conditions are attributed to and all transactions taking place on the website.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access the Website.
We are Casa Chierchia II, LLC and (referred to as “Agency, “we,” or “us” or “our”). At times, you and Agency may be referred to collectively herein as the “parties” and each individually as a “party.”
By using the Website, you agree that all of the following apply to you:
• You are 18 years of age or older.
• You possess the legal authority to create a binding legal obligation.
• All information provided by you on the Website is true, accurate, and complete.
• Your use of this Website is limited but not restricted to making or managing travel reservations for yourself or on behalf of someone who has given you the authority to make or manage travel reservations on their behalf.
• Agency reserves the right to request documentation for any reservation that requires further validation from you or someone else in order to complete booking arrangements. Cancellation may happen if the requested documentation is not provided.
The Website is not directed to persons under 18 years of age. Persons under age 18 must not use the website or services offered or submit any individually identifiable information about themselves.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
• Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to
any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Agency, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. This includes third party provided applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request by using the Contact Us form on the website: Contact Us – Cerchio.Com.
Agency’s name, certain terms, the Agency logo, and all related names, logos, product and services names, designs and slogans are trademarks of the Agency or its affiliates or licensors or other third parties. You must not use such marks without the prior written permission of the Agency. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
The following are considered Prohibited Uses. You acknowledge that a violation of any of the following could result in significant damages to the Agency, and you agree you are liable to the Agency for any such damages, and you will indemnify the Agency in the event of any claims against the Agency based on or arising from your violation of any of the following.
You agree not to use the Website:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Agency, an Agency employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Agency or users of the Website or expose them to liability.
• To recreate or compete with the Agency or to solicit or harass the Agency or any of its third-party partners.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. • Otherwise attempt to interfere with the proper working of the Website.
We are not liable for loss or damage caused by a distributed denial-of-service attack, virus or other harmful material that may infect your device, equipment, program, data or other proprietary material due to your use of our Website or to your downloading any material posted on our Website, or on any website linked to our Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.’
Monitoring and Enforcement; Termination
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE AGENCY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake the responsibility to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws, and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Agency, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Agency. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Use of Information You Provide/Telephone Consumer Protection Act Consent
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THE AGENCY AND THE TRAVEL SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE
RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS, OR PHONE NUMBER OR A RANDOM OR MADE-UP NAME, ADDRESS, EMAIL, OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE AGENCY AND EACH TRAVEL SERVICE PROVIDER WHO ACCEPTS SUCH REQUESTS.
Online Purchases and Other Terms and Conditions
Linking to Our Site; Links from the Website
You may link to our home page, provided you do so in a way that is legal and does not damage our reputation or make unauthorized or unlawful use of our property and/or content. Your link must not suggest or imply any association, approval, or endorsement by us.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. WE HAVE NO CONTROL OVER THE CONTENTS OF THOSE SITES OR RESOURCES AND ACCEPT NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THIS WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES.
If you wish to use material on our site other than stated in these terms, please address your inquiry to us using the Contact Us form on the website: Contact Us – Cerchio.Com.
Content or Copyright Complaints
We seek to respect intellectual property of others. If you believe any content in our Website may infringe your copyright or other rights, please provide our copyright agent the following information:
• electronic or physical signature of person authorized to act on behalf of owner of claimed copyright:
• description of copyrighted work you claim is infringed;
• location and description in our site where the material is located that you claim is infringing. • your name, address, phone number and e-mail address;
• statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or law; and
• statement by you, under penalty of perjury, that the above information in your notice is accurate and you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on our site can be reached using the Contact Us form on the website: Contact Us – Cerchio.Com.
We make no representation that any of our content is appropriate or available for use in any particular location or jurisdiction. You are responsible for complying with local laws, including laws on viewing or receipt of contents of our site and transmission of technical data exported from the USA or the state, territory, or locality where you are located. WE DO NOT REPRESENT OR WARRANT THAT OUR SITE OR ANY PART OF OUR SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.
Some content could be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported or accessed: (a) from any country on which the U.S. has placed an embargo or other applicable restriction, including without limitation (at June 2018), Crimea – Region of Ukraine, Cuba, Iran, North Korea, Sudan and Syria; (b) by anyone in the U.S. Treasury Department’s Specially Designated national list, (c) to anyone on the U.S. Commerce Department’s Table of Denial Orders; or (d) from or to any other place or anyone else, in violation of a restriction established by any department of the U.S. government. You represent and warrant that you are not in, or under the control of, or a national or resident of any such country or on any such list.
Disclaimer of Warranties
THE CONTENTS OF OUR WEBSITE ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY CONTENT, OR ACCESSIBILITY OF OUR WEBSITE. You understand that we cannot and do not guarantee or warrant that files or other information available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED OR OTHERWISE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE SUITABLE, AVAILABLE, ACCURATE, RELIABLE, COMPLETE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
YOU AGREE THAT WE AND OUR AFFILIATED ENTITIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DISCLOSURE OF PRIVATE INFORMATION, PROPERTY DAMAGE OR LOSS, OR INJURY OR DAMAGE OR FAILURE OR DELAY OF TRAVEL OR LOSS OF OR LOSS OF USE OF ANY PROPERTY
OR DEVICE OR LOST REVENUE, INCOME OR PROFIT ARISING FROM YOUR USE OF OUR WEBSITE OR SERVICE, EVEN IF THERE IS NEGLIGENCE OR OTHER CULPABLE ACT OR OMISSION BY US AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE. YOUR SOLE REMEDY FOR A CLAIM OF ANY KIND OR NATURE THAT WE ARE UNABLE TO CURE AFTER REASONABLE NOTICE FROM YOU AND OPPORTUNITY TO CURE, SHALL BE YOUR ELECTION TO NO LONGER USE OUR WEBSITE AND/OR OUR SERVICE.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF TRAVEL, LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF DATA, OR OTHER DAMAGE OR LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, CONTENT ON THIS WEBSITE, ANY SERVICE OR PRODUCT YOU OBTAIN THROUGH THE USE OF THIS WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, AGREE TO AND RELEASE, WAIVE, AND DISCHARGE ALL CLAIMS, ACTIONS, DEMANDS, SUITS, OR PROCEEDINGS (“CLAIMS”) AGAINST US AND OUR AFFILIATES, INCLUDING ANY AND ALL LIABILITY FOR INCIDENTAL, SPECIAL, INDIRECT, ACTUAL AND/OR CONSEQUENTIAL DAMAGES, COSTS, AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE ARISING FROM OR IN ANY WAY RELATED TO (A) YOUR USE OF THIS WEBSITE; SERVICES OR PRODUCTS YOU OBTAIN THROUGH USE OF THIS WEBSITE; INACCURACY, UNTIMELINESS, OR INCOMPLETENESS OF ANY AND ALL CONTENT OBTAINED OR ACCESSED BY OR THROUGH THIS WEBSITE; OR USE OR EXPOSURE OR RELEASE OF INFORMATION YOU PROVIDED US THROUGH THIS WEBSITE.
AGENCY RECEIVES ONLY OR MAINLY COMMISSIONS AND FEES FOR TRAVEL TRANSACTIONS. YOU AGREE THAT ANY LIABILITY AND RECOVERY FROM AGENCY WILL BE LIMITED TO AND IN NO EVENT EXCEED COMMISSIONS AND FEES PAID BY YOU AND ACTUALLY RECEIVED BY AGENCY IN THE THREE (3) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
You agree to defend, indemnify and hold harmless the Agency, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against airline debit memos or credit card chargebacks arising out of or related to:
• Any problems by you associated with the underlying Travel Service Provider.
• Unauthorized charges by family, friends, associates or other third parties with direct access to your credit card.
Governing Law and Jurisdiction
You agree you shall not be entitled to join or consolidate claims or bring any claim as a representative or class action.
Multi-Tiered Dispute Resolution Procedure
The parties shall resolve between them any dispute, controversy, or claim arising out of or relating to the Website or the sites and services, or these Terms and Conditions, or the breach, termination or invalidity hereof (each, a “Dispute”), according to the procedure enumerated below (the “Multi-tiered Dispute Resolution Procedure”), which Multi-tiered Dispute Resolution Procedure shall be the exclusive mechanism for resolving any Dispute that may arise from time to time between the parties. Completion of the Multi-tiered Dispute Resolution Procedure is an express condition precedent to any confidential and binding arbitration of the parties’ Dispute.
1. Negotiation— A party shall send written notice to the other party of any Dispute (“Dispute Notice”). The parties shall first attempt in good faith to resolve any Dispute stated in the Dispute Notice by negotiation and consultation between themselves, including through not fewer than two (2) negotiation sessions whereat each party shall be represented by counsel and a person authorized to enter into a binding resolution on the party’s behalf. In the event that such a Dispute is not resolved after the earlier of (a) two (2) negotiation sessions or (b) otherwise on an informal basis within fourteen (14) days after one party delivers the Dispute Notice to the other party, either party may, by written notice to the other party, initiate mediation.
2. Private Mediation—Subject to the completion of item 1, above, the parties may, at any time thereafter, submit their Dispute to any mutually agreed upon to mediator or mediation service for mediation by providing to the mediation service a joint, written request for mediation, setting forth the subject of the dispute and the relief requested. The parties shall cooperate with one another in selecting a mediation service and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. The parties covenant that they will use commercially reasonable efforts in participating in the mediation. The parties agree that the mediator’s fees and expenses and the costs incidental to the mediation will be shared equally between the parties. The parties further agree that all offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator and any employees of the mediation service, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any litigation, arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
3. Binding Arbitration as a Last Resort—If the parties cannot resolve any Dispute for any reason, including, but not limited to, the failure of either party to agree to enter into mediation or accept any settlement proposed by a mediator, within thirty (30) days after their Dispute is escalated to mediation, then either party may submit a demand for arbitration with the American Arbitration Association in accordance with its Commercial Arbitration Rules. The parties agree that the result of such arbitration shall be confidential, final and binding upon the parties, and that the parties shall have no right to appeal the result of the arbitration. ARBITRATION SHALL PROCEED ONLY ON AN INDIVIDUAL BASIS. THE PARTIES WAIVE ALL RIGHTS TO HAVE THEIR DISPUTES HEARD OR DECIDED BY A JURY OR IN A COURT TRIAL AND THE RIGHT TO PURSUE ANY CLASS OR COLLECTIVE CLAIMS AGAINST EACH OTHER IN COURT, ARBITRATION, OR ANY OTHER PROCEEDING. EACH PARTY SHALL ONLY SUBMIT THEIR OWN INDIVIDUAL CLAIMS AND/OR COUNTERCLAIMS AGAINST THE OTHER AND WILL NOT SEEK TO REPRESENT THE INTERESTS OF ANY OTHER PERSON. The arbitrator shall have no jurisdiction or authority to compel any class or collective claim, or to consolidate different arbitration proceedings with or join any other party to an arbitration between the Parties. The arbitrator, not any court, shall have exclusive authority to resolve any dispute relating to the enforceability or formation of this Agreement and the arbitrability of any dispute between the Parties, except for any dispute relating to the enforceability or scope of the class and collective action waiver, which shall be determined by a court of competent jurisdiction.
a. Small Claims Court. In lieu of arbitration, the parties retain the right to pursue a Dispute in a small claims court for the state of Ohio, located in Hamilton County, Ohio. You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such Dispute.
The parties agree that, if Agency’s intellectual property is the subject of any Dispute, then Agency, in its sole discretion, may seek injunctive and legal relief in court in lieu of completing the Multi-tiered Dispute Resolution Procedure.
Limitation on Time to File Claims
Waiver and Severability
Comments and Concerns
This website is operated by Casa Chierchia II, LLC.
If you have any concern about the Website or these terms, please use the Contact Us form on the website: Contact Us – Cerchio.Com. We’ll make a reasonable effort to address your concerns and try to remedy a problem you bring to our attention. We do not assure that we will be able to do so.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: email@example.com.
TRAVEL AGENCY SERVICES TERMS AND CONDITIONS
You agree to abide by the terms and conditions of purchase imposed by any third-party Travel Service Provider (e.g. airlines, hotels, motels, short-term homestay brokers, car rental companies, cruise lines, etc.) providing services directly or indirectly related to your use of the Website and purchases made on or through the Website, whether such Travel Service Provider is selected by you or by the Agency, including, but not limited to, all payment amounts when due and compliance with the Travel Service Provider’s rules and regulations regarding availability and use of fares, products, or services. You understand any violation of any such Travel Service Provider’s rules and restrictions and/or conditions of purchase may result in the following: cancellation of any reservation or purchase; denial of access to any flight; hotel, or automobile; forfeiture of any money you’ve paid for any such reservation or purchase; and in the Company debiting your account for any costs the Company incurs arising out of or relating to such violation. You are exclusively and completely responsible for any charge, fee, duty, tax, and/or assessment that arises out of the use of the Website.
YOU AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, AND OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY TRAVEL SERVICE PROVIDER, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, REGARDLESS OF THE COMPANY’S KNOWLEDGE OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU AGREE THAT YOUR SOLE RECOURSE FOR NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION, OR LIQUIDATION OF A TRAVEL SERVICE PROVIDER IS TOWARD SUCH TRAVEL SERVICE PROVIDER AND NOT TOWARD THE COMPANY.
The Company has no special knowledge regarding the suitability of disabled persons for any reservation. For information concerning the suitability of disabled persons for any reservation, please contact the Travel Service Provider directly.
You and each person in your group are responsible to obtain and carry a valid passport, visa and all other documents required by government(s) of the place(s) where you travel. The U.S. government advises everyone to carry at least two forms of acceptable identification in order to board a flight. The Transportation Security Administration (“TSA”) list of acceptable IDs is at www.tsa.gov/traveler information/acceptable ids. Name, date of birth and gender on the identification card must match exactly the same data on the airline ticket(s) and booking records.
Some countries refuse entry to a person whose passport expires within six (6) months of the date of attempted entry. A person who is not a U.S. citizen may need additional documentation.
Children and infants are not exempt. All such travel documents are required for children and infants. Children and infants traveling with one parent, or without both parents, may be denied entry, unless authenticated, verified consents are provided to authorities in the format and with content they require.
Any failure to comply with these requirements and each country’s particular or additional requirements may result in you, children or members in your group being denied boarding on a plane or other vessel, delay at security checkpoint or other travel gateway, missed flight(s), missed other transportation, missed travel bookings on cruises and tours and/or denial of entry into a country.
You are responsible to inform Agency if you are traveling on a passport from a country other than the United States.
The Agency urges you to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. You should also get information on requirements for each country where you will travel; and check each supplier’s website to investigate what travel documents you, children and all membersin your group must possess. Information
Regarding possible foreign entry requirements, more information can be found at the following address: https://travel.state.gov/content/passports/en/country.html.
For travel warnings and advisories from the State Department, more information can be found at the following address: https://travel.state.gov/content/passports/en/alertswarnings.html
For foreign health requirements and dangers, more information can be found at the following address: https://wwwnc.cdc.gov/travel
Entry and Exit Requirements.
Each country has rules and practices regarding past criminal offenses, whether within or outside the country. Criminal offenses may include, but are not limited to felonies, misdemeanors and seemingly petty offenses, also including driving under influence of alcohol or drugs. If you have a past or current offense, whether recent or a long time ago, please directly contact authorities in that country for entry and exit requirements, also including if you are only passing through. Some additional information may be at the U.S. State Department travel website.
Agency does not control issuance of visas. You are responsible to assure that: all visas required for your trip are obtained in advance; visas for each country are valid for your entry and exit dates; personal details are accurately reflected; and your passport is valid for at least six (6) months after completion date of your trip. Issuance of a visa does not assure entry. Local immigration officials make final entry decisions. You or members of your group may be denied entry despite having a visa.
Denial or delay of entry into or through a country for any reason, and/or a country’s non-issuance of a visa, is not grounds for a refund as to any aspect of your trip.
Out of respect for privacy and other considerations it is possible our staff may not ask you about your criminal history. It is your obligation to open discussion of this subject and share this information if you wish to do so. Particularly if the subject is not brought up by you, it is your obligation to be aware of restrictions on travel that may result from any past criminal matters.
Personal safety is a concern everywhere. No place, even home, is 100% safe. Some places have greater safety risks than others. You are responsible to become and stay informed about places where you will travel, by reading current news, reviewing travel prohibitions, warnings, announcements, and advisories issued by the U.S. Government prior to and after booking travel. Information on conditions in various countries and levels of risk associated with travel to particular destinations can be found at websites of the U.S. State Department www.state.gov, TSA www.tsa.gov, Department of Transportation www.dot.gov, Federal Aviation Administration www.faa.gov, U.S. Centers for Disease Control www.cdc.gov, and U.S. Customs and Boarder Protection agency www.cbp.gov.
You should consider enrolling in the U.S. Government’s free Smart Traveler Enrollment Program (STEP). Government. STEP lets U.S. citizens and nationals traveling and living abroad enroll their trip with the nearest U.S. Embassy or Consulate. STEP lets you enter information about your upcoming trip so the State Department can provide information on safety conditions to help you make informed decisions about travel plans, help the U.S. Embassy contact you in an emergency and help family and friends contact you in an emergency. Register at https://step.state.gov/step/.
PEOPLE TRAVEL TO MANY DIFFERENT DESTINATIONS. PEOPLE TRAVEL FOR MANY REASONS AND HAVE DIFFERENT RISK TOLERANCES. AGENCY’S OFFERING, ARRANGING OR ASSISTING IN ARRANGING TRAVEL TO PARTICULAR DESTINATIONS IS NOT A REPRESENTATION OR WARRANTY THAT TRAVEL TO THOSE PLACES IS ADVISABLE, SAFE, RISK FREE, OR OF TOLERABLE OR ACCEPTABLE RISK. AGENCY AND ITS PERSONNEL SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES, ALSO INCLUDING PERSONAL INJURY, DELAY, CRIME, DEATH, INJURY TO OR LOSS OF PROPERTY, THAT MAY RESULT IN OR DURING OR AS RESULT OF TRAVEL TO ANY DESTINATION. YOU ASSUME AND ACCEPT, FOR YOURSELF AND YOUR GROUP, ALL SAFETY AND OTHER RISKS ASSOCIATED WITH YOUR TRAVEL.
Authority and Responsibility
You warrant that you are at least 18 years of age and have full legal authority to make travel bookings with Agency and agree to these terms. You agree to be financially responsible for all your travel bookings and use of your account by others, also including, without limitation, any minors using your account. You agree to supervise all use of Agency communications by minors and others using your account. You warrant that all information supplied by you or members of your household transacting business with Agency is true and accurate.
Certain Reservations are Prohibited
You agree to make only legitimate travel reservations with and through Agency. You agree not to make or attempt to make any reservation with intent to cancel after benefitting from a promotion, any speculative, false, or fraudulent reservation or any reservation in anticipation of benefitting from demand, without intent to use the reserved travel. In the event you engage in acts to obtain benefits from promotions or reservations without intent to use the reserved travel, you will forfeit and forever waive any rights or entitlements to receive such benefits fraudulently obtained by you.
Travel Service Provider’s Terms and Conditions
Separate terms and conditions may be imposed upon you by the Travel Service Provider’s in reference to your reservation and purchase of travel-related services and merchandise you select. You agree to abide by the terms and conditions imposed by Agency and any Travel Service Provider you elect to deal with, or with whom Agency deals on your behalf, including but not limited to, payment of all amounts when due and compliance with the Travel Service Provider’s rules and restrictions on availability and use of fares, products, or services. Violation of a Travel Service Provider’s terms may result in cancellation of reservation(s) or purchase, denial of access to flight, hotel, cruise, or automobile, forfeiting monies paid for reservation or purchase, charging your account for costs incurred due to a violation and other relief. You shall be responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through Agency.
Booking on Third Party Sites
You authorize Agency to book on third party sites to aid in fulfilling your travel requests. You ratify Agency’s actions on your behalf, including acceptance of third-party terms that limit your rights, and you agree to bound by such actions. In an inconsistency, conflict, or ambiguity of terms, Agency shall have the right to benefit from the interpretation, construction, and choice of terms that are most favorable to Agency in each instance.
Payment and Cancellation
Each Travel Service Provider defines the timeline for providing payment on packages with installment payment plans based on the length of time prior to departure. These timeframes differ by Travel Service Provider. Final payment is due as designated by the Travel Service Provider involved in your booking or tour. If full payment is not received by the due date, your reservation may be cancelled without additional notice, and you will forfeit any deposits you have made. Some Travel Service Provider’s terms specify that there is no refund after a booking has been made and payment has been received. Your ability to obtain a refund if you change or cancel travel plans is limited.
All cancellation requests must be sent in writing to Agency. Agency and Travel Service Provider cancellation fees and charges may apply. These are typically stated in either the travel documentation for the booking, this Website, or the specific Travel Service Provider’s website. If you have any questions, or any cancellation charges are unclear, please contact your Agency representative. Cancellation fees and charges will be charged to the credit card you provided and authorized to pay for travel services. In the event you are receiving a refund from the Travel Service Provider, Agency may deduct its cancellation fees and charges from the amount of the refund before remitting the balance to you.
Your Responsibility to Arrange Air Travel and Transportation to and from Home
Unless otherwise stated in writing, airline reservations are not included in your travel plans. You are responsible for arranging air travel and your transportation from your home or from such other location where your travel originates as well as your return to your home or other location when your travel ends. Agency shall not be responsible for air or ground schedule changes.
Departure Taxes; Check-In
Upon departure from some countries, departure taxes must be paid in cash and may vary. You must check in at least two (2) hours before scheduled departure time for domestic flights and at least three (3) before scheduled departure time for international flights. You are responsible to reconfirm flight times at least twenty-four (24) hours before scheduled departure time for domestic flights, and at least seventy-two (72) hours before international flights. Failure to use a reservation may result in automatic cancellation of all continuing and return flights, and forfeiture of airfares.
You determine when to place your booking. Booking earlier reduces the risk of being unable to book due to travel being fully booked and reduces the risk of late booking fees.
No Refund for Unused Arrangements
There is no refund for any unused portion of a travel booking. Some group tours are based on minimum numbers of passengers. If the number of passengers does not meet or falls below the required minimum, a surcharge may be imposed, or the tour may be canceled.
Purchases made on the Website are often transacted in different currencies, depending on your IP address and/or the currency that you select to make the purchase. You will be charged in the currency shown upon checkout. If you use a debit or credit card to make a purchase through the Website, please note that, due to fluctuations in exchange rates, the charge to your debit or credit card or the estimated charge amount we provide you, may differ based on the applicable exchange rate at the time you make your reservation compared to the exchange rate at the time the charge is reflected on your credit or debit card statement, which may be calculated through the use of third party application program interfaces or such other methods as we may later designate. In the event we determine we must credit your account; we will refund the exact amount in the currency initially charged. We will not be responsible for any exchange rate fluctuations that may cause variances in your debit or credit card statement. Some banks and credit card companies impose fees for transactions, without limitation for international transactions. Your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed without limitation if the bank that issued your credit card is located outside of the United States of America. Booking international travel may be considered an international transaction by the bank or card company. The currency exchange rate and foreign transaction fee is determined solely by your bank. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
Changes to Confirmed Bookings.
We cannot guarantee you will be able to change a booking once it is confirmed. Changing a confirmed booking, if such change is available, may involve additional charges. The possibility of additional charges does not guarantee that a change is available.
You are responsible to obtain and have required documentation of immunizations before travel and to comply with security rules of government authorities. Agency shall not be responsible for accuracy of health requirements or vaccination and/or documentation prior to departure or on landing at any destination. Prior to travel, required inoculations must be recorded by your health care professional on a valid vaccination certificate, which you must carry for proof of inoculation where required. You are urged to also consult your health care professional regarding medications and inoculations, before booking.
You are urged to check government websites for information.
Information on health issues in some destinations may be obtained at the U.S. State Department website http://travel.state.gov, and U.S. Centers for Disease Control website http://wwwnc.cdc.gov/travel/.
Information on security, safety issues, crime, requirements regarding travel documentation such as passports, visas, proof of health/vaccination certificates, health hazards and other restrictions regarding travel to some domestic and/or international destinations and re-entry to the United States is at the websites of TSA www.tsa.gov, U.S. Department of Transportation www.dot.gov, Federal Aviation Administration www.faa.gov. U.S Treasury www.ustreas.gov and U.S. Customs and Border Protection Agency www.cbp.gov.
Non-USA citizens may wish to check the website of U.S. Citizenship and Immigration Services www.uscis.gov.
The information in these sites is provided by the government, not by Agency. We do not represent that the information is complete or accurate.
Each airline and cruise line has its own policy, and many restrict travel or require a doctor’s note or other documentation to travel after a specified stage of pregnancy. Some airlines and cruise lines do not permit travel after a specified stage of pregnancy. Agency does not set airline or cruise line policies. You are responsible to check the policy of the airline or cruise line and to comply with their policy.
Prohibitions and Restrictions on Hazardous Materials
U.S. law and airlines prohibit bringing hazardous materials on aircraft on your person or in luggage. Violation can result in prison and large monetary penalties. Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, radioactive materials and many other items. A few examples include paint, fireworks, flares, gasoline, gun powder, lighter fluid, liquid bleach, propane, sparklers, spray-paint and tear gas. Many other items are also prohibited. Some other items may be allowed in checked luggage but may not be carried onto the aircraft. For example, small quantities of some medicine and personal care liquids (typically limited to 3.4 ounces) may be carried in passenger luggage. You are responsible to contact the airline(s) to obtain information on airline rules and policy.
Information on hazardous materials restrictions is available at websites of TSA www.tsa.gov/traveler information/prohibited items and the Federal Aviation Administration http://www.faa.gov/about/initiatives/hazmat_safety/.
According to the Department of Transportation’s website: disinfection is permitted under international law in order to protect public health, agriculture and the environment. The World Health Organization and the International Civil Aviation Organization stipulate two approaches for aircraft disinfection: (1) spray the aircraft cabin, with an aerosolized insecticide, while passengers are on board or (2) spray or treat the aircraft’s interior surfaces with a residual insecticide (residual method) while passengers are not on board. American Samoa has adopted a third method, in which aircraft are sprayed with an aerosolized insecticide while passengers are not on board. Although the Report of the Informal Consultation on Aircraft Disinfection sponsored by the World Health Organization (November 6-10, 1995) concluded that aircraft disinfection, if performed appropriately, would not present a risk to human health, the report also noted that some individuals may experience transient discomfort following aircraft disinfection by aerosol application. Under the Chicago Convention, which governs international civil aviation, a country could impose a disinfection requirement should it perceive a threat to its public health, agriculture or environment. Accordingly, you should check with your travel agent or airline reservations agent when booking flights or if you have questions about your final destination’s policy. For more information about disinfection or to review a list of airline contacts for disinfection and a list of countries that require disinfection, please visit the Department of Transportation’s website located at the following address: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinfection.html
BY OFFERING OR FACILITATING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH INTERNATIONAL DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND WE ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO ANY SUCH DESTINATIONS.
E-tickets typically expire one year from issue date unless the carrier specifies otherwise in the passenger itinerary. There is no refund for an expired e-ticket.
Limitations of Responsibility and Disclosure.
Agency does not perform or provide your travel. Agency does not own or operate any vessel, lodging or other mode of travel. Agency acts only as booking agent for supplier cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services (“Travel Service Providers”). Agency is not the source or provider of travel services. Each Travel Service Provider is an independent entity with its own policies, procedures, personnel and management. Travel Service Providers are not under Agency control. Travel Service Providers identified in travel documentation are responsible to provide the travel services purchased.
Bookings are accepted by Agency as agent for Travel Service Providers. Transportation, accommodations, and other services provided by the sea, ground, air and other Travel Service Providers are according to the terms in the tickets, exchange orders, vouchers, websites and other documentation issued, posted or published by them and/or their suppliers. You acknowledge that each Travel Service Provider has its own terms. You consent to the use of the Travel Service Provider. You agree to the terms of each particular Travel Service Provider.
Limitation on Liability – Travel Service Provider
BECAUSE AGENCY ACTS AS AGENT FOR TRAVEL SERVICE PROVIDERS AND DOES NOT CONTROL OR HAVE THE RIGHT TO CONTROL OPERATIONS OF INDEPENDENT OPERATORS, TRAVEL SERVICE PROVIDERS, AND SUPPLIERS, YOU AGREE AGENCY IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE OR OTHER LOSS, INJURY OR DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. AGENCY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH SERVICES OR MERCHANDISE PROVIDED BY ANY TRAVEL SERVICE PROVIDER BOOKED THROUGH AGENCY, INCLUDING WITHOUT LIMITATION LIABILITY FOR ACTUAL OR CLAIMED ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACT, OMISSION OR OTHERWISE OF ATRAVEL SERVICE PROVIDER, OR OF THEIR SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES AND OTHER MATTERS OUTSIDE AGENCY’S CONTROL. YOU WAIVE, RELEASE AND EXONERATE AGENCY AND ITSOWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND CONTRACTORS FROM ANY LIABILITY WITH RESPECT TO EACH AND ALL OF THE FOREGOING.
Americans With Disabilities Act
The Americans with Disabilities Act (“ADA”) and other laws and practices that assist persons with special needs and disabilities apply within the United States. Travel Service Providers, tour providers, and other service providers outside the United States may or may not comply with the ADA and other practices common in the United States. In many places outside the United States, facilities for disabled persons are limited compared to within the United States. Agency welcomes customers with special needs and disabilities and seeks to provide enjoyable, and memorable travel experiences for all customers. To assist us with this objective, please note the following:
Please advise your Agency representative at the time of booking of any physical, medical, or other special needs that require accommodation. After the time of booking, if you or a member of your group develops a physical or medical condition that requires accommodation, please advise our representative as soon as possible.
All guests must ensure they are medically and physically fit for travel. Tour providers and Travel Service Providers may impose safety requirements necessary for safe operation of their tour and facilities. They may exclude an individual from participating in a tour or an activity if the individual’s participation poses a threat to health or safety.
Many tour providers and Travel Service Providers do not provide personal devices (such as wheelchairs, motorized scooters, hearing aids or prescription eyeglasses) or services of a personal nature (such as pushing a wheelchair or assistance in eating, toileting or dressing). A companion capable of providing this assistance may be required to accompany a passenger who needs services of a personal nature.
Many tour providers and Travel Service Providers do not employ medical personnel. Needed medical attention may have to be obtained at local facilities, at your expense. Facilities may not always be available. Agency is not responsible or liable for losses or costs incurred as a result of medical services obtained while traveling or for the quality of care or services received.
Some tours and travel involve rough terrain, walking over cobblestone streets, uneven pavement, steps, and locations which may not be easily accessible or accessible by wheelchair or motorized device.
Travel involves arrangements with carriers, hotels, and other independent suppliers to provide travel services. These parties are independent entities over which Agency has no control. Accommodations outside the United States may differ from those in the United States. Agency cannot assure disability access or accommodations outside the United States.
Agency seeks to honor the price originally quoted. In some circumstances prices may go up due to increase in cost for one or more travel components. The Agency attempts to publish and maintain accurate prices and information for its airline services, and airlines provide the Agency with the price and other information related to these services. In the event a service is listed by or provided to the Agency
at an incorrect price or with inaccurate information due to typographical error or other error in pricing or service information received from an airline, the Agency and/or the airline retain the right to refuse or cancel any requests placed for such service prior to your method of payment being charged.
Prior to full payment, prices including US air transactions or air tours (in, to, or from the U.S.) could increase for certain travel services, including seat, baggage, fuel surcharge, or increase in government-imposed tax or fee. US air transaction or air tour prices will not increase after making full payment, except for charges resulting from government-imposed taxes or fees. Some Travel Service Providers reserve the right to increase prices to cover increased costs, fuel surcharges, tariffs and taxes, and changes in currency exchange rates. You acknowledge and accept these conditions as applicable to your purchase. You authorize Agency to charge your credit card for such additional amounts. This consent applies to all travel arranged by Agency for you and your group.
We have no control over weather. Hoped for, or undesired weather conditions, including but not limited to presence or absence of snow, sunshine, wind, rain, warm, mild or cold temperatures, and all other possible weather conditions are not guaranteed to occur or not occur. Volcanic eruptions, ash clouds, wind and various other events and conditions may be characterized as adverse weather condition or natural disaster by Travel Serviced Providers and your travel insurance company. That is beyond Agency’s control. Agency reserves the right for itself and its Travel Service Providers to adjust, modify and/or cancel any itinerary or part(s) of any itinerary as Agency or a Travel Service Provider deems necessary. Agency shall not be responsible for air, water and/or ground schedule changes or other adjustments, modifications and/or cancellations.
Agency or any Travel Service Provider affected by a Force Majeure Event shall be entitled to, and may in its discretion, vary, adjust, modify or cancel any itinerary or arrangement or part thereof in relation to your trip. Agency shall have no obligation to make any full or partial refund, and whether or not to voluntarily do so, despite absence of obligation, shall be at Agency’s discretion.
Changes in itinerary may be made for any number of reasons, including but not limited to weather or other Force Majeure Event, at the discretion of Agency and Travel Service Providers. Changes may include but are not limited to making a reasonably comparable replacement to any property, supplier, activity, or area or other aspect of the travel.
AGENCY MAKES AVAILABLE ACCESS TO VARIOUS OPTIONAL SERVICES AND PRODUCTS SEEKING TO ENHANCE YOUR TRAVEL EXPERIENCE AND REDUCE RISKS OF LOSS. OPTIONS SUCH AS TRAVEL INSURANCE HELP REDUCE RISKS OF LOSS OF INVESTMENT FOR SOME OR ALL OF SUCH RISKS AS TRAVEL SERVICE PROVIDER DEFAULT OR BANKRUPTCY, DELAY, INTERRUPTION, MISSED CONNECTION, CANCELLATION, MEDICAL EMERGENCY, EVACUATION, LOST BAGGAGE & PERSONAL EFFECTS, ILLNESS, JOB LOSS, CHANGE
OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT OR SICKNESS, AND MEDICAL EXPENSES. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE PRICE OF THE ITINERARY. TRAVEL INSURANCE MAY PROVIDE SOME PROTECTION TO YOU FROM FINANCIAL LOSS IN SOME OF THE ABOVE CIRCUMSTANCES. You acknowledge there is no refund from Agency or Travel Service Providers if you cancel or interrupt your travel for any reason and, moreover, Agency and Travel Service Provider cancellation charges will apply, resulting in loss of monies up to the full cost of your travel booking and related costs. Purchase of travel insurance is not required. Agency personnel are not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any insurance, nor evaluate adequacy of insurance. Additional charges apply for travel insurance.
Agency reserves the right to make any use whatsoever of photos and videos that include you and/or your group, made at any event or travel activity, without compensation. You are deemed to consent to appearance of you and members of your group in the photo and/or video and use thereof by Agency. Uses may include but are not limited to brochures, invitations, books, newspapers, magazines, television, websites, videos, documentaries, and any other forms of advertising, marketing, publicity, reporting and literature. Any person desiring not to have their photo or video taken or distributed must notify Agency in writing using the Contact Us form on the website: Contact Us – Cerchio.Com. prior to the start of travel and/or prior to the making of the photograph and/or video, include a photograph of such person, and receive a written reply acknowledging the person’s request. The request is not valid unless/until Agency has replied.
Credit/Debit Cards; Points and Miles Consultation
The information presented on or through the Website or by Agency through any mode of communication is made available solely for general information purposes. Agency does not provide financial advice and any information, materials, content, and/or advice on the Website or otherwise provided by Agency is provided solely for information purposes and is not intended to replace or substitute the advice of any financial, medical, or legal professional. You are under no duty to follow the advice or recommendations of Agency. You understand that you have the opportunity to seek advice from a third-party financial advisor prior to taking any action which may have a financial impact upon you, including, but not limited to, applying for credit cards, canceling credit cards, and making purchases from third parties. Agency does not assume any responsibility or liability for any actions you may take in reliance upon such information. By using the Website and/or Agency’s Services, you assume all associated risks. Any reliance you place on such information is strictly at your own risk.
The content provided on the Website and/or by Agency or its Travel Service Providers is provided “As-Is” without any warranties or representations, and you assume all liability and responsibility for your use of such content. You understand and agree that the content does not provide advice and is not a substitute for the advice of a professional.
In Affiliation with The Travel Network