LUXE & NYX, LLC

CONSENT TO TERMS AND CONDITIONS, TERMS & CONDITIONS, USE OF WEBSITECLIENTANDRELEASE OF LIABILITY AGREEMENT

This Consent to Terms and Conditions, Use of Website and Release of Liability Agreement Client (this “Agreement”) is legally binding. This Agreement must be agreed to by all persons utilizing the services of LUXE & NYX, LLC (hereinafter “L&N”), whether directly or indirectly, or benefiting therefrom (each a “Client” and collectively the “Clients”) of travel or trips curated by L&N or for which L&N provided any Trip Planning Services (as defined hereinbelow).  Parents/Guardians are required to agree to and execute this agreement on behalf of any/all or their minor children (under age 18) who are participating in a trip.

PRICING, PAYMENT AND BILLING

For the purposes of this agreement, L&N’s “Trip Planning Services” include but are not limited to, meetings, telephone calls, research, document preparation and revision, correspondence, planning, suggestions, responses to Client’s trip requests and changes and all work pertaining to same, and all other work related to a Client’s trip. 

L&N shall require a non-refundable retainer for all trips, the amount of which shall be determined on a case-by-case basis. Such retainer must be paid to L&N before L&N begins providing the Trip Planning Services on your trip and prepares and provides an initial trip proposal. In addition, upon client’s approval of their travel itinerary and before L&N confirms client’s travel arrangements, L&N shall require an up-front deposit, the amount of which will be determined on a case by case basis.  Final payment is usually due 60 to 90 days prior to Clients departure on the trip, unless otherwise agreed between L&N and client on a case-by-case basis.

Invoices for trips and associated fees/costs incurred will be emailed to the Client (to the email address of record) on an as needed basis, as changes occur. Please review the invoice carefully and contact L&N if you have any questions about such invoice. If payment on an outstanding invoice is not received timely, L&N reserves the right to release your reservations and cancel your trip, but which action(s), for the avoidance of doubt, shall not release Client from any outstanding amounts owed to L&N.  Client shall be responsible for all fees and charges related to such non-payment.  Any misunderstandings or disputes by Client relating to any L&N invoice must be raised immediately with L&N. If Client does not raise any such misunderstanding, objections, or disputes to L&N within twenty-four (24) hours of receipt, Client will be deemed to have accepted the invoice as accurate and Client will be required to pay any outstanding amounts. L&N at all times reserves the right to cease providing Trip Planning Services on any trip until any and all outstanding balances are brought to zero ($0) and failure or refusal to pay L&N invoices on a timely basis will constitute grounds for our immediate termination of this Agreement, but shall in no instance serve to release Client from his or her ongoing payment obligations to L&N.  If L&N seeks payment on unpaid amounts owed by Client, Client hereby agrees to and shall indemnify L&N for all costs and expenses incurred by L&N with respect to same (including reasonable attorneys’ fees and costs).

FINAL PAYMENT.

For all vacation trips, you must have made full payment before release of the tickets or documents

FOREIGN CURRENCY

Currency rates quoted on this website are based on various publicly available sources. Rates are not verified as accurate, and actual rates may vary.

POWER OF ATTORNEY

As our client, you hereby appoint us to be your attorneys-in-fact for the purpose of signing all documents necessary to purchase and issue airline tickets, tours, cruises, and hotel guarantees for late arrival. You authorize any of the attorneys-in-fact to sign credit card authorizations for said purchases whenever any of them receives an Internet booking request reasonably believed to be from you or someone acting on your behalf, requesting those tickets be charged. You agree that you will pay for all such purchases and will not hold us responsible for any of our actions pursuant to this power of attorney

SUPPLIER RULES AND RESTRICTIONS

L&N does not provide, own, or control any of the travel services and products that are provided as part of your trip, such as, but not limited to, flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Travel Providers”) either directly (e.g., airline) or as an agent. The Travel Providers are responsible for the Travel Products. The Travel Provider’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Furthermore, the terms of all actual Travel Providers (airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms.

TRAVEL SUPPLIER COSTS

L&N shall pay Travel Providers on Client’s behalf. Such payments may be quoted in local currencies and L&N shall make reasonable efforts to obtain favorable currency exchange rates for the Client.  Client agrees to pay, in timely manner, any such amounts that are due under the foregoing provisions.

PACKAGED TRIPS

If Client book a trip, L&N must collect the tour operator, resort or cruise line’s deposit when reservations are made. The amount of the deposit, the refund allowed, and the times for canceling vary according to the tour operator or cruise line. L&N does not endorse or recommend any particular tour operator or cruise line; our role is strictly limited to facilitating the booking. After you finish your booking, we will send you any agreement required by the travel services supplier (if available), along with a request that you sign that agreement and return it to us. In the event of any inconsistency between that agreement and this agreement, the latter shall govern.

CHANGES TO YOUR TRIP

Clients may make changes to their trip, subject to availability of any such requested changes at the time such change request(s) are made, and all applicable amendment and cancellation charges incurred as a result of such change(s).  At the time of cancellation, L&N will disclose to Client the charges for such cancellation prior to such change.

CLIENTS WITH DISABILITIES

Clients with disabilities should notify L&N if ADA accessible accommodations are needed.  L&N will make all reasonable efforts to accommodate this request but cannot be responsible if ADA accommodations are not available.  Any accommodations provided will be at the sole expense of the guest requiring the accommodation.

CANCELLATIONS BY CLIENT

In the event the Client decides to cancel a trip after it has been booked, Client must inform L&N in writing of such cancellation. L&N will, if requested by Client, assist the Client with such cancellation subject to all applicable restrictions from the Travel Provider for the trip; provided, however, that Client shall be responsible for all applicable cancellation costs, charges or fees. Moreover, L&N may impose a cancellation fee of at least $250 to Client, it being understood and agreed to by Client that such cancellations may negatively affect L&N’s relationship with third parties associated with the trip.  In the event that Client initiates an improper credit card chargeback, L&N reserves its rights to commence legal action against Client and recover of its’ costs and fees in addition to the amount claimed in the chargeback.

CANCELLATION OR RESCHEDULING BY TRAVEL PROVIDER OR OTHER

In the highly unlikely event that one of our Travel Providers chooses to change the departure date, or cancels the trip, we will assist you in making alternate arrangements; however, you will be responsible for additional Travel Provider fees and charges that may apply. L&N will always advocate on your behalf in the event of a Travel Provider cancellation or rescheduling.

PASSPORT, VISAS, AND HEALTH REQUIREMENTS

It is Client’s sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries entry may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities.  Please note that entry to any country may be refused even if the required information and travel documents are complete.

Clients are urged to review advisories or warnings issued by the State Department (www.travel.state.gov) and the Centers for Disease Control and Prevention (www.cdc.gov) about risks to travelers. Both the U.S. State Department and the Centers for Disease Control publish and update important country-specific information for travelers. L&N strongly recommends that Clients and all Clients review them. They can presently be found at: https://travel.state.gov/content/passports/en/alertswarnings.html and https://wwwnc.cdc.gov/travel/notices. L&N bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation/holiday related to improper documentation or government decisions about entry.

Health: Recommended inoculations for travel may change and Client should consult a doctor for current recommendations before departure. It is Client’s responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

REVIEW OF TRAVEL DOCUMENTS

Clients must completely review all travel, itinerary, and other documents related to a trip upon receipt of them, whether from L&N or a third party.  Any errors, questions, or concerns should be communicated to L&N immediately.

INSURANCE

It is essential and a condition of booking a trip with L&N, that Client take out a comprehensive travel insurance policy to cover Client and all Clients of the trip before, during and after the trip. Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. L&N cannot be held responsible for denied entry if a Client is unable to provide details to authorities of insurance or denial of entry for any reason. L&N shall not be responsible for any costs incurred by Client or any Client of a trip before, during or after such trip as a consequence of inappropriate or insufficient travel insurance being purchased by Client. 

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.

INFORMATION ON WEBSITE

Client agrees not to use or authorize the use of this information for any purpose other than personal use, and not to engage or authorize anyone to engage in the resale, redistribution, and use of the information on this website for commercial purposes. Third-party links and pointers are included solely for your convenience, and do not constitute any endorsement by us and/or our suppliers. Any software that is on this website including HTML codes and software is our copyrighted work or the copyrighted work of our suppliers or licensors. The L&N logos are our trademarks. Other product and company names mentioned herein may be the trademarks of their respective owners

INDEMNIFICATION

Client/Client agrees to and shall indemnify and hold harmless L&N and each of our officers, directors, employees and agents, from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by L&N (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, lawsuits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) Client/Client’s breach or violation, or threatened breach or violation, of this Agreement (including without limitation the Release) (ii) Client’s failure to obtain any signed Release from a Client and any damages claimed by such Client or on such Client’s behalf against L&N with respect to the trip; and/or (iii) any Client/Client’s breach or violation, or threatened breach or violation, of the Release signed by such Client/Client to the extent that such Client is held not to be responsible for any damages incurred as a result of such breach or violation (real or threatened).

RELEASE FROM LIABILITY

Client/Client hereby understands, acknowledges, and agrees that L&N, its owners, officers, members, employees, agents, representatives, affiliates and independent contractors (collectively “L&N”) does not own or operate any entity which is to or does provide goods or services for any trip including without limitation (for example, partnership with, or ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional or included excursions or equipment used thereon, food service or entertainment providers, etc.). Client therefore releases and holds harmless L&N, its owners, officers, members, employees, agents, affiliates and independent contractors for any financial failure, insolvency and/or bankruptcy of any supplier, vendor and/or service provider (such as cruise line, airline, tour operator, accommodation provider, etc.), as well as negligent or willful act or failure to act of any such person or entity, or of any other third party, and Client/Client agrees to and shall not make any claims against L&N for any such actions or omission by L&N or any such third parties. Without limitation, L&N is not responsible for any injury, loss, or damage to any Client/Client’s person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as zip lining, snorkeling or scuba diving, paddle boarding, horseback riding, surfing, swimming, kayaking, sailing, canoeing, skiing, rafting, hiking, bicycling, rock climbing, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics, pandemics or the threat thereof or for any other cause beyond the reasonable control of L&N. L&N reserves the right to change hotels, the itinerary, or other features of the Trip if L&N believes it will enhance the safety of the Trip for Client and the other Trip clients, but in each case, if feasible, with Client/Client’s prior consent.

In the event that the Client/Client has arranged components of the trip without the assistance of L&N, Client/Client is fully responsible for any losses, and associated costs, that arise as a result of the action or inaction of the component (for example, failure to arrive at a destination due to a delay or cancellation of a flight).

ASSUMPTION OF RISK; COVENANT NOT TO SUE

Client/Client is aware that travel may involve hazardous activities, some in remote areas of the world. Inherent hazards and risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; Client/Client’s own negligence and/or the negligence of others, including tour guides, other guests, L&N employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which Client/Client is not prepared or other such accidents; the negligence or lack of adequate training of any agents or employees of L&N or their third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.

Client/Client understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.  In order to partake of the enjoyment and excitement of any trip Client/Client is willing to accept the risks and uncertainty involved as being an integral part of its adventure. Client/Client hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of L&N and agree to and shall hold harmless and fully release L&N from any and all claims associated with a trip, including any claims of third party negligence and Client/Client hereby covenants not to sue L&N for any such claims or join any lawsuit or action that is suing L&N.

GOVERNING LAW; SUBMISSION TO JURISDICTION

This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Illinois, USA, exclusive of conflict or choice of law rules. Client/Client agrees that unless otherwise mutually agreed by the parties in writing or as otherwise, any Claims shall be brought in a court located in Cook County, the State of Illinois, USA. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.

PRIVACY STATEMENT

L&N’s main objective is to plan the vacation of your dreams. In order to do so, we need to know your interests so that we can find a travel specialist who is best suited to serve you. We know your time is precious and that you don’t want to be solicited from vendors you did not give your permission to contact you. Here are the details of how we use the information you provide us:

1.         Name, Source, E-mail Address, Interests

When you provide us with your name and e-mail address, we will always ask your permission to contact you further. Once you have decided on a particular type of offer, we will go to great lengths to put you in touch with one of our knowledgeable, professionally trained specialists who have experience in the areas that interest you or that works is closest to your home. You can choose on the method of contact of that specialist.

2.         Selling Your Information

L&N will not sell your information to any other organizations. We do work with alliances who may have information to provide you about related products and services that you have shown an interest in. Your name will always reside in our database and will not be transferred or traded with another organization. You will also always have the ability to opt-out of further communications.

3.         Data Collection on Website Navigation

Our servers collect data each time a user navigates our site. This information is anonymous and provides us with information such as the number, frequency and duration of visits to each web page. This data is useful in ways to improve the content and navigational tools of our website.

LINKS TO THIRD-PARTY SITES

The L&N web site as well as web sites hosted by L&N may contain links to third-party web sites or resources, including charities whose work aligns with L&N’s beliefs. These linked sites are not under the control of L&N, and L&N is not responsible for the contents of any linked site or any link contained in a linked site. L&N is providing these links only as a convenience, and the inclusion of a link may not imply a referral to or an endorsement of the linked site by L&N.

ENTIRE AGREEMENT; SEVERABILITY

This agreement, including any other attachments and exhibits referenced herein, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to L&N. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

KNOWING AND VOLUNTARY EXECUTION

Client/Client has carefully read this Agreement, and fully understands its contents. Client/Client are aware that this is a release of liability and a contract between them and L&N and/or its affiliated organizations and Client/Client knowingly agrees to it of their own free will, without duress.