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    NOMOON TRAVEL COMPANY (“Nomoon”)
    BOOKING AGREEMENT
    Effective as of August 15, 2016
      

    All travel bookings are made with Nomoon, exclusive owner of all referenced itineraries on our website, www.nomoontravel.com and www.tulumyachts.com.

    By using our website, www.nomoontravel.com, and affiliated website, www.tulumyachts.com, you additionally agree to our Terms of Use and Privacy Policy, which can be found at www.nomoontravel.com.

    These terms and conditions (the "Agreement") describe what you are legally entitled to expect from us when you book your trip through us, in addition to your obligations as a customer. The terms "we", "us" and "our" refer to Nomoon. The term "you" refers to the customer visiting our website, booking a reservation through us.

    All travelers must be eighteen (18) years of age or older to travel with Nomoon.

    1. Your Acceptance of these Terms and Conditions

    By booking your arrangement with us, you are agreeing to be bound by the terms of this Agreement and any additional terms and conditions of any Supplier that are applicable to your booking, travel arrangements or use of any website content.

    You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due.

    You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.

     You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.

    1. Deposits and Payment

    Any deposits from you are non-refundable. Payment of a deposit enables us to hold a reservation for you. We will advise you of the date that full payment is required. Upon your provision of your payment information, you are authorizing us to make the payment arrangements with our Suppliers.

    We reserve the right to refuse personal checks as a method of payment.

    1. Cancellations and Changes

    There maybe instances where we need to cancel or amend bookings. If this happens will ensure that you are promptly notified of any significant changes once we become aware of such change if there is time before your departure. You will then have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by us, or canceling your booked arrangements and receiving any applicable refunds. We do not guaranty that any refunds will apply.

    Please ensure that you have given us your correct contact e-mail address and that you regularly check for messages before you leave.

    1. Insurance

    Travel insurance is optional, but recommended for all of our tours. For your convenience, we have partnered with Allianz Global Assistance Travel Insurance to provide you with travel insurance coverage. 

    Cancellation insurance is also optional, but recommended. You acknowledge that trip cancellation insurance may be the only means of receiving reimbursement for flights and other non-refundable expenses should you cancel your Nomoon trip for any reason, whether voluntarily on your part or as a result of Nomoon’s actions. Airlines usually offer this option when you purchase airfare.

    You are responsible for understanding the specifics of your travel insurance policy, ensuring that your policy covers all optional and included activities listed in the trip’s itinerary, and that there are no exclusion clauses which would limit the coverage for any activity type. If you are a resident of the United States with current health insurance coverage, please check your policy.

    1. Personal Responsibility

    Nomoon offers retail travel services to customers, which are provided by separate and independent vendors of travel services ("Suppliers"). Nomoon does not operate, control, or otherwise provide the services of the independent travel vendors.  Hence, you agree that Nomoon acts only as agent for the client in acquiring transportation, hotel accommodations, sightseeing and other privileges, or services for your benefit, and on the express condition that Nomoon shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith.

    By making a booking with Nomoon, you acknowledge that our trips are adventurous and may involve personal risk. Adventure travel may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions.

    You are responsible for assessing your own suitability and capability to participate in our tours. You should consult your physician regarding your fitness for travel, and adventure travel in particular. Nomoon encourages you to seek your physician's advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the your travel with Nomoon. We do not provide medical advice.

    You understand and assume each and every risk associated with Nomoon’s trips. This may include, but not limited to:

    • Automobile, boats, and other means of transport;
    • Hiking, exploring, or visiting remote or less developed regions, where medical facilities or telecommunications may not meet the standards of those found in your home country or are limited and unavailable;
    • Wildlife encounters;
    • Unavailability of immediate medical attention or means of rapid evacuation in case of emergency
    • Injury, dehydration, or even death resulting from participation of any sport of adventurous activity;
    • Mechanical or construction failures of vehicles and equipment;
    • Any physical, mental, or other conditions or disabilities that belong to you or anyone you are traveling you may be a hazard to any group members and may be exacerbated by any of the other risks contained herein;
    • Acts of God, forces of nature, natural disasters, and unpredictable weather conditions;
    • Areas of unsafe or unstable conditions due to political or civil disturbances, or other unforeseen circumstances;
    • Terrorism;
    • Injury or illness caused by drug or alcohol use; and

    You agree to be responsible for any and all expenses resulting from any inherent risk, whether identified or not, and as a result of your negligence.

    You agree to take all prudent measures in relation to your own safety while on any Nomoon tour, including, but not limited to, the proper use of safety devices such as seat belts, harnesses, and helmets, and obeying all posted signs and warnings in relation to your health and safety. Nomoon, nor its Suppliers shall not be liable for any failure on the your part to comply safety instructions or recommendations of Nomoon or its Suppliers.

    You must at all times comply with all applicable laws and regulations of all countries and regions visited on the applicable tours. Should the you fail to comply or commit any illegal act when on the tour or, if in the opinion of the Nomoon (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, Nomoon may terminate your travel arrangements on any tour immediately without any liability on Nomoon’s part and you will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals.

    You agree that you are responsible for any costs incurred by Nomoon, as a result of damage, destruction, theft, or excess cleaning fees caused or occasioned by you while on tour. You agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or a Nomoon representative as soon as possible upon discovery by you.

    1. If You Cancel Your Booking

    If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim your cancellation charges through your insurer.

    If you decide to cancel arrangements before the balance due date, any deposits paid are non-refundable.

    Refunds will only be paid to you once we have received the funds back from the Supplier(s). This process may take up to fourteen (14) business days. We are not responsible for the Supplier’s delay to pay a refund.

    1. If You Have A Complaint

    You agree to bring any complaint to Nomoon as soon as possible in order to provide us with the opportunity to address such complaint properly. You agree to inform the tour leader or other designated Nomoon representative at the earliest opportunity, or to Nomoon’s Customer Care. Nomoon assumes no liability for complaints that are not properly brought to the attention of Nomoon with sufficient notice for Nomoon to resolve or attempt to resolve any of your complaints. Any complaint made after the completion of a tour must be received in writing by Nomoon directly within thirty (30) days of the end of the tour in question.

    1. Travel Documents and Destinations

    It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies immediately. Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in the case of loss, theft, damage, etc.

    Prior to booking international travel, we recommend that you review any U.S. Government’s prohibitions, warnings and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel in such destination is safe or without risk.

    You further agree that in connection with your activities, you will not permit the use of our services or website by anyone that resides or is staying in a country for which such use is prohibited under U.S. regulations.

    1. Passport, Visa and Immigration Requirements

    U.S. citizens traveling to any destination outside of the United States will be required to present a valid U.S. passport. Passports must be valid for 6 months past the return date. Some countries require a visa for transit or entry. Passengers are responsible to ensure that they have all the proper documents for entry. All names on documents must match the legal name on your photo I.D., and travel document information must match tickets. Please check the State Department website at http://travel.state.gov for further information. Immunizations may also be required. Failure to comply with these regulations may result in denied boarding, denied entry, and/or government imposed fines. If you are a citizen of another country, there may be additional requirements. Check with the nearest consulate or embassy of the destination you are traveling to and find out the entry requirements for non-U.S. citizens.

    It is your responsibility to fulfill the passport, visa and other immigration requirements applicable to your itinerary. You should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility in the case of you being unable to travel due to not complying with any such requirements.

    Nomoon is not responsible for delays, changes, or cancellation costs due to incorrect, incomplete or expired traveler documents. In the event that you must cancel, delay or reschedule your trip due to expired or missing travel documentation, you are solely responsible for all associated costs to remedy the situation. The cancellation terms of this Agreement still apply.

    1. Travel Advice and Vaccinations

    U.S. Citizens should refer to the travel advice posted by the U.S. Department of State at travel.state.gov for all the countries you intend to visit. Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary.

    1. Baggage

    You are allowed to bring one piece of baggage weighing up to 50 lbs. (23 kg) and one additional medium-small sized bag on the trip (e.g. purse, backpack, etc.)

    For further information about TSA’s prohibited items, please review the information found at TSA’s prohibited items webpage at http://www.tsa.gov/traveler-information/prohibited-items.

    1. Use of our Services and Website

    You agree you will only use our website or services to make legitimate reservations or purchases and shall not make speculative, false or fraudulent reservations or reservations in anticipation of demand. You will only use our website and services in compliance with applicable law.

    Without our prior written permission, you may not (a) access, monitor or copy any content or information on our website using any "robot", "spider" or other automated or manual device or program, (b) deep link to any portion of our website, or (c) "frame" or incorporate any portion of our website into any other website.

    Our website may contain links to third party websites that we provide only as a convenience to you. You should take precautions to ensure that whatever links you access are free of viruses, worms, trojan horses or other destructive mechanisms The existence of these links does not imply that we endorse such websites or any included content. We are not responsible for such websites or content or any data privacy practices of such websites.

    1. Indemnification

    You agree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.

    1. Promotional Photography and Video

    Nomoon reserves the right to take photographs and record videos during the operation of any program or part thereof and to use them for promotional purposes. By booking a reservation with Nomoon, you agree to allow your name and voice, biographical information, and your photograph, image, portrait and likeness, as photographed, filmed or otherwise recorded to be used. These images and videos will NOT be sold for editorial, trade, advertising, or for any other purpose or in any other manner and/or medium without your approval. You hereby release Nomoon and its advertising agencies, commercial sponsors, distribution partners, and their respective officers, directors, employees, agents, affiliates, shareholders, successors, licensees, and assigns from all current and/or future claims and liability relating to said photographs and videos.

    1. Additional Terms

    Warranties, Disclaimers and Limitation of Liability

    FOR THE AVOIDANCE OF DOUBT, REFERENCES HEREIN TO "US" "WE" AND "OUR" SHALL ALSO REFER TO NOMOON. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR OUR SUPPLIERS OR PUBLISHED ON OUR WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO SUCH INFORMATION THAT APPEARS ON OUR WEBSITE. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.

    THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE US. NOMOON IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN NOMOON AND ITS EMPLOYEES. NOMOON IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, ILLNESS, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

    IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR OUR SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE OUR WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO US IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE, OR (B) ONE-HUNDRED DOLLARS (US$100.00) OR THE EQUIVALENT IN LOCAL CURRENCY.

    THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    1. General

    No joint venture, partnership or employment relationship exists between you and us or our Suppliers as a result of this Agreement or your use of our website.

    From time to time, Nomoon may need to change this Agreement because of changes in its business, or in its attempts to serve your needs better. Nomoon will use reasonable efforts to publish any changes to its Booking Agreement, including publishing the current terms on our website. Please check back from time to time to review any changes to this Agreement.

     

    This Agreement shall be governed by and construed under the laws of the State of California without regard to its or any other jurisdiction’s conflicts of laws principles.