PLEASE REVIEW THIS POLICY CAREFULLY
Last updated: May 28, 2020
Access to and use of the services of NuVibe Travel Experiences, LLC d/b/a NuVibe Travel “NuVibe” and/or “us/our”) is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through NuVibe, you, the purchaser and/or traveler (“Client” and “passenger” and “you/your”) agree to be bound by these terms. These terms and conditions govern the relationship between NuVibe and you, the Client. These terms restrict your rights and remedies and provide protection to NuVibe. These also include warranty disclaimers and liability exclusions. IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, PLEASE DO NOT USE NUVIBE’S SERVICES. No alterations to these terms and conditions may be made by any NuVibe authorized representative or agent, unless in writing by an authorized officer of NuVibe.
1. TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS
It is the responsibility of each Client to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are DHS-designated enhanced driver’s license, USA Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records.
NuVibe strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-United States citizens may require additional documentation.
Children and infants also require travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities; please see https://help.cbp.gov/s/article/Article-3643 for additional information. The U.S. Customs and Border Protection Agency requires that for groups of children under age 19 arriving to the United States by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader.
You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Client to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. Check each supplier’s website to ensure you and all members in your travel group or party obtain and carry travel documentation required.
Client is responsible to make NuVibe aware when traveling on a passport from a country other than the United States of America.
2. INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. (Details can be found at https://travel.state.gov/content/travel.html.) We do not inquire about an individual’s criminal record, in the interest of respecting our Clients’ privacy. For example, if traveling to or through Canada, Americans with a Driving While Intoxicated (DWI) record should always check whether current rules exclude admission, and potential waivers. (Reference http://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp)
NuVibe neither controls nor warrants the issuance of visas or approval of visa waivers related to your travel.
3. HAZARDOUS MATERIALS
USA federal law prohibits passengers from bringing hazardous materials on the aircraft. (1) USA federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. (2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed http://www.tsa.gov/traveler-information/prohibited-items.
4. INSECTICIDE NOTICE
All passengers are referred to always check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the DOT’s website, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
Each Client is responsible to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodation for security rules imposed by government authorities. NuVibe shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by Client’s health practitioner on a valid vaccination certificate, which the Client must carry for proof of inoculation where required. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the USA State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the USA Centers for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues. Should a visa not be issued, NuVibe is not responsible for lost payments made toward the contemplated trip. Please note that USA rules regarding entry and exit change on a daily basis.
6. USE OF NUVIBE SERVICES, ACCESS AND INFORMATION FOR TRAVEL BOOKINGS
You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to make travel bookings with NuVibe in accordance with all terms and conditions herein. You agree to be financially responsible for all of your travel bookings and warrant that all information supplied by you or members of your household transacting business with NuVibe is true and accurate. Without limitation, any speculative, false, or fraudulent reservation is prohibited. You agree that the travel services provided by NuVibe shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.
Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by NuVibe and any supplier that you have chosen as a service provider for your travel, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in NuVibe debiting your payment account for any costs NuVibe incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through NuVibe.
When you receive any and all travel documents, it is the sole responsibility of the Client to review and verify all information. Contact NuVibe immediately if changes or corrections are required. You acknowledge that it is your responsibility to review all documentation necessary for checking in with suppliers on your itinerary, and that if you have authorized NuVibe to check you in for any component of your trip, that you take full responsibility for agreeing to and complying with the supplier’s terms and conditions of check-in.
7. SELLER OF TRAVEL
NuVibe is an Independent Contractor of Gifted Travel Network, California Seller of Travel, #2113317-40, Florida ST39093, Washington 603 308 394. Registration as a seller of travel does not constitute approval by the State of California.
8. PAYMENTS AND CANCELLATIONS
Unless otherwise defined during the reservation process, final payment is due prior to departure according to each supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) terms and conditions involved in your travel booking. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. In some cases, there is NO REFUND once a booking is made and paid for. Your right to a refund if you change or cancel your travel plans is limited. All cancellation requests must be sent to NuVibe in writing. As a result of cancellation, NuVibe’s and third-party supplier’s cancellation penalties will apply, which are detailed in your travel documentation, and each supplier’s website. We advise you of any cancellation penalties at the time of booking and provided information about these penalties upon confirmation. If you have any questions, or if any penalties are unclear, please contact NuVibe. All cancellation fees will be charged to the credit card or other payment method you authorized to pay for travel services or deducted from the supplier’s refund.
9. LATE BOOKINGS
Prospective Clients are advised to reserve early to avoid disappointment and additional late booking fees.
10. AIR, CHECK-IN, SCHEDULE RECONFIRMATION
UNLESS SET FORTH IN WRITING, AIRLINE RESERVATIONS ARE NOT INCLUDED IN YOUR TRAVEL PLANS. In such event, it is the Client’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. NuVibe shall not assume any responsibility for any air and/or ground schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights. Failure to use a reservation may result in automatic cancellation of all continuing and return flights, as well as forfeiture of airfares.
Airline e-tickets expire a year from issue date unless carrier fare rules in passenger’s itinerary fare provide otherwise.
11. RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY
We reserve the right to correct errors. All land and event offers are subject to availability and may change without notice. In the event of a land or event pricing error or omission, we reserve the right to adjust such pricing or make any other corrections.
12. TOURS: NO REFUND FOR UNUSED ARRANGEMENTS AND MINIMUM PASSENGER REQUIREMENTS
As NuVibe’s tour, cruise or package prices are based on its suppliers’ contract rates, there will not be any refund for any unused portion of a tour. Some group tours are based on minimum numbers of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed, or the tour may be canceled. Any cancelations of a tour or package for reason of failing to meet the minimum traveler requirement will be governed by the tour operator’s cancelation policy.
13. ALTERATIONS TO CONFIRMED BOOKINGS
If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you. Certain bookings may not be able to be changed. All desired changes must be made in writing to NuVibe.
14. LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
NuVibe acts solely as a booking agent for disclosed principal 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 (“supplier(s)”), and is not the source or provider of the travel services. Each of these supplier companies is an independent entity with its own management and is not subject to the control of NuVibe. Client is advised that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those suppliers, and understands and agrees each supplier’s Terms and Conditions are contained in printed form and are set forth on their respective websites, which govern the transaction. All bookings are accepted by NuVibe as agent for the travel suppliers on your itinerary. The transportation, accommodations and other services provided by the identified sea, ground, and air operator suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective websites.
BECAUSE NUVIBE ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE NUVIBE IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. NUVIBE HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH NUVIBE’S OFFICE OR THROUGH THIS WEB SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL INCREASES, AND OTHER MATTERS OUTSIDE OF NUVIBE’S CONTROL, AND YOU HEREBY EXONERATE NUVIBE FROM ANY LIABILITY WITH RESPECT TO THE SAME.
Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of NuVibe’s control. Volcanic eruptions, ash clouds, and wind may be characterized as an adverse weather condition or a natural disaster by suppliers and your travel insurance company, which is beyond the control of NuVibe. NuVibe reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary, and to refuse to accept or to retain as a member of any tour any person at any time. NuVibe shall not assume any responsibility for any air and/or ground schedule changes. NuVibe has solely received commission and fees for travel transactions and Client agrees and understands that any recovery from NuVibe will be limited to the commission and fees paid by Client actually received by NuVibe.
Travel to certain destinations may involve greater risk than others. NuVibe urges Clients to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov.
The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, NUVIBE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CLIENT’S OWN RISK.
16. FORCE MAJEURE
“Force Majeure” means, in relation to NuVibe, any circumstances beyond the reasonable control of NuVibe, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, pandemic, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).
NuVibe shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS. NUVIBE CANNOT GUARANTEE THAT ANY INSURANCE PROVIDER WILL APPROVE COVERAGE FOR A CLAIM MADE UNDER THE INSURER’S POLICY.
If NuVibe, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by NuVibe to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although NuVibe shall use its reasonable efforts to secure reimbursement for you where possible. However, NuVibe shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to NuVibe of the Force Majeure and applicable cancelation fees.
Regarding civil unrest or other safety concerns related to emergent situations, once NuVibe has investigated the prevailing situation, as it deems fit, it shall remain in NuVibe’s sole and absolute discretion whether to proceed with any NuVibe escorted trip or private departure. You may in such circumstances cancel the trip subject to NuVibe’s and each supplier’s terms and conditions.
17. CLIENT CONDUCT
Each participant in any trip escorted by NuVibe is expected to act responsibly and adhere to all behavior guidelines established by NuVibe and our suppliers. NuVibe and all local suppliers reserve the right to remove you from any facility, hotel or resort property, tour location or means of transportation if your health, or your conduct appears to endanger yourself or others or disrupts the general well-being of other clients on any element of your trip, or interferes with the operation or security of the places we visit. In any such case, there will be no refund.
When you book with NuVibe, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a trip, or any portion of a trip. You agree not to hold NuVibe or any of its related entities liable for any actions taken under these terms and conditions. Baggage and personal effects are at all times the sole responsibility of the participant.
18. ALTERATIONS IN TRAVEL PLANS
Alterations in itinerary may be necessitated for any number of reasons, including but not limited to severe weather at the sole discretion of a supplier, and subject to supplier terms and conditions.
19. CURRENCY FLUCTUATIONS
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred. NuVibe is not responsible for surcharges or foreign transaction fees imposed by Client’s credit card.
20. TRAVEL INSURANCE
NUVIBE OFFERS ACCESS TO TRAVEL INSURANCE TO PROTECT PASSENGERS AND THEIR INVESTMENT IN TRAVEL. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CLIENT’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES.
Without appropriate travel insurance, Client understands and agrees that if Client cancels or interrupts Client’s travel for any reason, portions of the trip/tour may not be refunded and NuVibe’s and travel suppliers’ cancellation penalties will apply resulting in the loss of monies up to the full cost of Client’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by NuVibe. NuVibe is not a licensed insurance broker, and its advisors are not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for any travel insurance selected.
21. RESERVATION OF RIGHTS: CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms will be provided to Clients, will be posted on our website and are effective immediately on posting.
The laws of the State of Georgia govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in Atlanta, Georgia in all disputes arising out of or relating to travel bookings with NuVibe.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Client and NuVibe with respect to travel bookings made with NuVibe by any means, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Client and NuVibe with respect to communications with NuVibe. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.