Terms of Use - Quinwell Travel Service * Cruisevaca.com

Terms and Conditions Agreement

Quinwell Travel Service, Inc. monitors security situations around the world as well as government travel advisories. Conditions may require Quinwell Travel Service, Inc. to change or even cancel trips. You accept the risks involved in travel, both foreign and domestic, and accept responsibility for your own travel decisions. Guests may be required to review and sign a participation agreement prior to engaging in certain activities on the trip.

Neither Quinwell Travel Service, Inc. Travel Service, Inc., its affiliated entities and its and their employees, shareholders, officers, directors, successors, agents, and assigns (collectively “Quinwell Travel Service, Inc.”), own or operate any person or entity which is to or does provide goods or services for these trips. You agree to be bound by the conditions of carriage for all transportation providers. Quinwell Travel Service, Inc. does not maintain control or operate the personnel, equipment, or operations of these suppliers it uses and as such Quinwell Travel Service, Inc. assumes no responsibility for and cannot be held liable for any personal injury, death, property damage or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of (1) any wrongful, negligent, willful or unauthorized acts or omissions on the part of any of the suppliers or other employees or agents, (2) any defect in or failure of any vehicle, equipment, or instrument owned, operated or otherwise used by any of these suppliers, or (3) any wrongful, willful or negligent act or omission on the part of any other party.

Client shall indemnify and hold harmless Quinwell Travel Service, Inc. Travel Service, Inc., its affiliated entities and its and their employees, agents, shareholders, officers, successors and assigns (collectively “Quinwell Travel Service, Inc.”), from all suits, actions, losses, damages, claims or liability for any personal injury, death, property damage or other loss, accident, delay, inconvenience or irregularity which is occasioned by any negligent acts or omissions of Quinwell Travel Service, Inc. arising out of any goods or services provided for this or these trips.

Additionally, responsibility is not accepted for losses or expenses due to sickness, lack of appropriate medical facilities or practitioners, weather, strikes, theft or other criminal acts, war, terrorism, computer problems, or other such causes. Other risks may arise such as, but not limited to, hazards of traveling in foreign countries including undeveloped areas, the hazards of travel by aircraft, bus, van, train, automobile or other motorized vehicle, differing safety standards, sickness, criminal acts committed by others, allergic reactions, and/or animal encounters. You are voluntarily participating in the tour and Quinwell Travel Service, Inc., and as lawful consideration for the agreement to travel with Quinwell Travel Service, Inc., you agree not to make a claim against Quinwell Travel Service, Inc., its related companies, officers and employees for injuries, death, or any other claim and agree to release Quinwell Travel Service, Inc., its related companies, officers and employees from any such claim. This release is binding on all members of your traveling party, as well as your Estate and heirs and this provision shall be enforceable even after your trip has ended. If you make your own air reservations, Quinwell Travel Service, Inc. is not responsible and shall provide no refund if your flight schedule changes so that you are not able to enjoy the entirety of your tour. All services and accommodations are subject to the laws of the country in which they are provided. Quinwell Travel Service, Inc. reserves the right to make changes in the published itinerary whenever, in their sole judgment, conditions warrant, or if Quinwell Travel Service, Inc. deems it necessary for the comfort, convenience, or safety of the tour. Quinwell Travel Service, Inc. reserves the right to withdraw any tour announced. Quinwell Travel Service, Inc. reserves the right to decline to accept any person as a member of the tour, or to require any participant to withdraw from the tour at any time, when such action is determined by the Tour Manager to be in the best interests of the health, safety, and general welfare of the tour group or of the individual participant. If you are traveling with children, you are solely responsible for their behavior and monitoring them throughout the tour. Neither does Quinwell Travel Service, Inc. accept liability for any carrier’s cancellation penalty incurred by the purchase of a nonrefundable airline or other ticket to the tour departure city and return or otherwise. Baggage and personal effects are the sole responsibility of the owner at all times.

Quinwell Travel Service, Inc. is not responsible, and will not be bound by, representations made by third party representatives, travel agents, unaffiliated websites, or any other party.

Participants may be photographed for the promotional purposes of Quinwell Travel Service, Inc.. In addition, any comments that you submit as a review or your social media posts may be used for Quinwell Travel Service, Inc.’s promotional purposes.

Payment of the deposit to Quinwell Travel Service, Inc. constitutes acceptance of these terms and conditions. Quinwell Travel Service, Inc. reserves the right to modify these terms and conditions at any time, without notice.

FORUM SELECTION AND CHOICE OF LAW
THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE COMONWEALTH OF MASSACHUSETTS BY MUTUAL AGREEMENT OF THE PARTIES HERETO AND THE FEDERAL AND STATE COURTS IN MASSACHUSETTS SHALL HAVE EXCLUSIVE AND SOLE JURISDICTION OVER ANY DISPUTE, CONTROVERSY OR SUIT ARISING RELATIVE TO THIS AGREEMENT.

VACATIONPORT® TERMS OF SERVICE AGREEMENT

VacationPort®, ("VacationPort®") welcomes you. VacationPort® provides content and services available to you on the VacationPort® site (https://www.vacationport.com) (or any part thereof), any site that VacationPort® hosts (or any part thereof), and any site that uses VacationPort's Web hosting tools and services (the "Sites") subject to the following Terms of Service ("TOS"), which may be updated by us from time to time.

Certain personal information about you that you provide to VacationPort® on https://www.vacationport.com is subject to our Privacy Policy. Certain personal information about you that you provide to users of Sites is subject to the privacy policies' of the operators of the Sites, and VacationPort® has no liability for their use of your personal information. For more information, see our full privacy policy at https://www.vacationport.com/privacy.asp.

ACCEPTANCE OF TERMS

You understand that through your use of this site (https://www.vacationport.com), you consent to the Privacy Policy and this TOS.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

VacationPort® respects the intellectual property of others, and we ask our users to do the same. In addition to this Site, VacationPort® does host a variety of web sites and provides third parties with VacationPort® web hosting services and tools. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, on these Sites, please provide VacationPort's Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

VacationPort's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o VacationPort®
9786 SW Nimbus Avenue
Beaverton, OR, 97008

By phone: 503-626-7766
By fax: 503-626-8676
By email:

MODIFICATIONS TO THE SITES

VacationPort® reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice. You agree that VacationPort® shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites.

CONTACTS WITH SITE ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that VacationPort® shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.

LINKS

The Sites may provide, or third parties may provide, links to other World Wide Web sites or resources. Because VacationPort® has no control over such sites and resources, you acknowledge and agree that VacationPort® is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.

GRAPHIC AND TEXTUAL CONTENT

Graphic and textual content included with or originating from VacationPort® and its associated products may be via direct ownership control or licensed by or to VacationPort®, Inc. Use and re-distribution of this content outside of VacationPort® and its associated products is expressly prohibited unless specifically authorized in writing.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VACATIONPORT® AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. VacationPort® AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITES WILL MEET YOUR REQUIREMENTS; (ii) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VacationPort® OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VacationPort® AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VacationPort® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTICE

VacationPort® may provide you with notices, including those regarding changes to the TOS, by posting a revised TOS on this site (https://www.vacationport.com).

TRADEMARK INFORMATION

The VacationPort® trademarks and service marks and other VacationPort® logos and product and service names are trademarks of VacationPort® (the "VacationPort® Marks"). Without VacationPort's prior permission, you agree not to display or use in any manner the VacationPort® Marks.

GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and VacationPort® and governs your use of the Sites, superseding any prior agreements between you and VacationPort® with respect to the Sites.

Choice of Law and Forum. The TOS and the relationship between you and VacationPort® shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and VacationPort® agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Multnomah County, Oregon.

Waiver and Severability of Terms. The failure of VacationPort® to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.