Terms of Use
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Terms of Use:
Hello! Welcome to the 41 Travel LLC dba Luxury Cruise Insider website!
These Website Terms of Use (the “Terms”) govern your use of it, where we may offer exciting offers on cruises, hotels, and resorts in the United States. The Website is owned and operated by 41 Travel LLC dba Luxury Cruise Insider (“Luxury Cruise Insider”). Before accessing or using the Website (as defined below), please take a moment to read the Terms carefully.
The Terms contain important information about your rights and limitations of liability, including an arbitration agreement and class action waiver. By accessing or using the Website, you agree to be bound by the Terms. If you do not agree with any part of the Terms, then please do not use the Website.
Please also make sure to review the Terms from time to time to review the then-current Terms as we may change or update the Terms at any time by updating this webpage. Your future use of the Website will be subject to the Terms in effect at the time of your use.
Definitions
Please take note of the following general defined words that apply throughout the Terms:
“Website” includes not only https://www.luxurycruiseinsider.com/, but also all associated mobile applications and the online services available on the website and in the mobile applications.
“41 Travel LLC, ”Luxury Cruise Insider”, “our”, “us”, or “we” refers to 41 Travel LLC, a Floriday limited liability company with its registered address at 2625 NE 17th Terrace, Wilton Manors, FL 33334.
“customer”, “purchaser”, “user”, “you”, or “your” refers to you as the user of the Website, or purchaser of any of the goods or services available through the Website.
1. Use of the Website:
You agree that:
- You are at least 18 years old AND legally capable of entering into binding contracts;
- You are a legal resident of the United States;
- You will use the Website only in accordance with the Terms AND solely for personal, non-commercial use;
- You will maintain the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account;
- You will inform any traveling companions, guests, or users of any product or service purchased through the Website of the contents of the Terms and all other applicable third-party terms and conditions; and
- All information that you provide for or on the Website is current, true, and complete.
We retain the right to restrict or limit access to all or part of the Website to anyone at any time for any valid reason, including for violation of the Terms. We also may change or improve any part of the Website from time to time without notice.
2. License
The content and materials on the Website, including but not limited to text, images, graphics, logos, and trademarks, is proprietary to us and our suppliers and providers and are protected by copyright, trademark, and other intellectual property laws.
Except as otherwise stated herein, you may not copy, distribute, modify, or reproduce any part of the Website without our prior written consent. We grant you a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable license to access the Website and to use the information and services contained herein. Any commercial use, resale, or unauthorized access is strictly prohibited.
3. User Content
The Website may only be used for lawful purposes and only as authorized by us. You agree that the following are prohibited and agree not to use the Website for any of the following:
- Posting any information that is incomplete, false, inaccurate or that you do not have permission to post;
- Impersonating another person;
- Performing or encouraging conduct that is unlawful, inappropriate, or that fails to comply with generally accepted Internet protocol;
- Posting material that is a violation of a third party’s intellectual property rights;
- Acting in any way that violates any applicable national or international law or regulation;
- Attempting to interfere in any way with the Website’s or our networks or network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system;
- Posting material that is tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic;
- Collecting or storing personal data about other users;
- Uploading, posting, emailing, or otherwise transmitting any advertising or promotional materials or any other form of solicitation or unauthorized communication; and
- Uploading, posting, emailing, or otherwise transmitting any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
User submissions to the Website are non-confidential and non-proprietary. By submitting any content, including reviews, comments, or feedback to the Website, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, translate, and distribute the content in any media.
Users have no ownership rights to any account with us, or other access to the Website or its features. We may cancel user accounts and delete all content associated with the account at any time, and without notice, including without limitation, if we deem that a user has violated the Terms or any applicable law, rule or regulation.
We assume no liability for any information removed from the Website and reserve the right to permanently restrict access to the Website or a user account. We do not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any user content.
Notwithstanding the foregoing, the Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111).
4. Web Accessibility
Luxurycruiseinsider.com welcomes all users to explore the Website offerings. The Website follows the official guidance of the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG). For more information please visit the link “Accessibility Policy” on the Website. For any improvements, suggestions, or questions, please email info@luxurycruiseinsider.com.
5. Privacy Notice and User Information
Your use of the Website is subject to the Privacy Notice as incorporated herein by reference. You consent to the use of your personal information by us and/or our employees, contractors, affiliates, third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Notice. You also fully understand and unambiguously consent to the collection and processing of such information in the United States. As explained in the Privacy Notice, you may opt out of the collection and processing of your personal information. Non-personal information you send or communicate to us, such as questions, comments or inquiries, will not be considered personal information and therefore will not be subject to the Privacy Notice. To opt out of the collection and processing of your information by us please visit our Privacy Notice.
6. Pricing and Availability
Unless otherwise stated, prices listed on the Website are in U.S. dollars, and do not include any applicable taxes, fees, port expenses, government fees, resort fees, upgrades, additional nights’ accommodations, food and beverage, travel, transfer fees, travel insurance, fuel surcharges, or any other related costs. Additional fees may also apply.
The products, services, and prices provided on the Website are subject to availability and may change or be discontinued without notice. In particular, travel product prices and dates are based on space availability, may not be available at the time of booking and are subject to change without notice.
Special prices or rates may not be applicable with other offers or promotions. Other restrictions may apply.
All travel providers retain certain rights to increase rates (including, without limitation, taxes, fees, port expenses, gratuities/service charges, airport charges, government fees, resort fees, upgrades, food and beverage, transfer fees, travel insurance, fuel surcharges, and any other related costs), modify itineraries, change availability, and change and/or discontinue promotions and/or special offers, at any time for any reason. Any increase in price or rate imposed by the travel provider will be passed on to you, and you agree to such increase, unless otherwise stated in the travel provider’s terms and conditions for the individual transaction.
We reserve the right to refuse or cancel any purchases made at a price that we determine to have been erroneous due to a printing, electronic or clerical error. If your credit or debit card has already been charged for the purchase and your order is canceled, then we will issue a credit to your credit or debit card account in the amount of the incorrect price.
7. Payments and Cancellation
All purchases made through the Website are subject to the Privacy Notice, as referenced above, and the applicable cancellation and refund policy, as contained in the Terms, any applicable program terms and conditions, and the terms and conditions of the third-party provider.
When making a purchase, you will be asked to supply certain information, including your credit or debit card number, the card expiration date, your billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE CREDIT AND/OR DEBIT CARD(S) USED IN CONNECTION WITH ANY TRANSACTION. You grant us, or the third party collecting that information on our behalf, the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification may be required prior to the acknowledgment or completion of any transaction.
- Travel Cancellations
The fees assessed by us and/or the travel provider as a result of a cancellation or change are set forth on the Booking Confirmation (as defined below) and apply to all the travel products and services transactions purchased through the Website. Each travel provider has specific cancellation policies separate and apart from us. Travel provider policies may treat name changes and departure date changes as cancellations.
In the event you must cancel any travel booking, please call our customer service representatives immediately, or in writing, at the following address:
41 Travel LLC dba Luxury Cruise Insider
Attn: Cancellations
2625 NE 17th Terrace
Wilton Manors, FL 33334
or by calling (954) 899-0204
Cancellations will be effective as of the date of receipt of the request (“Cancellation Date”). It is your responsibility to ensure cancellation requests are properly received by us. Refunds may take up to eight (8) weeks from the Cancellation Date.
Notice to residents of the State of Washington: If transportation or other services are canceled by us, all sums paid to us for services not performed in accordance with the contract between us and the purchaser will be refunded within thirty (30) days of receiving the funds from the travel provider with whom the services were arranged, or if the funds were not sent to the travel provider, the funds shall be returned within fourteen (14) days after cancellation by us to the purchaser unless the purchaser requests us to apply the money to another travel product and/or date.
8. Product and Service Specific Terms and Conditions
- Travel Products and Services
The following additional terms and conditions apply to purchases of travel products and/or services. In the event of any conflicts between this section and any other section of the Terms, this Section 8(a) takes precedence and governs the purchase of travel products and/or services by you.
Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by us (“Booking Confirmation”). This will be sent to you within two (2) weeks after the initial booking of the travel product or service. Multiple Booking Confirmations will not be issued. Travelers’ names on the Booking Confirmation must accurately reflect the travelers’ complete legal names as they appear on their respective proof of identification documents. It is your sole responsibility to review and verify all information on the Booking Confirmation for accuracy and completeness and check the spelling of all names carefully. Please notify our customer service representatives immediately if any changes or corrections are needed. Failure to do so constitutes acceptance of the information contained on the Booking Confirmation as accurate.
Maximum Occupancy. In no event may the total number of people booked exceed the maximum occupancy set forth by the travel provider.
Identification Documentation. Travel providers may require that you and your traveling companions have in your possession the proper documentation required by the United States, and/or any relevant foreign countries. The names on the Booking Confirmation must match such documentation exactly. You and your traveling companions are advised to consult with the appropriate governmental agencies and embassies to determine what documentation will be required for travel. We do not assume any responsibility nor represent or warrant the accuracy of any information or opinion given regarding identification documentation. No refund will be issued if you and your traveling companions fail to bring proper documentation and are refused travel provider services/accommodation.
Travel Documents. Booking Confirmations will be sent electronically unless otherwise noted on the terms and conditions of the individual product description. If tickets or vouchers are used in a transaction, then they are valid only for the person(s) named thereon and cannot be transferred or modified without the travel provider’s prior written consent. When a name change is required, additional fees may apply. Notify our customer service representatives immediately if changes or corrections are required.
Travel Warnings. Please review travel prohibitions, warnings, announcements and advisories issued by the United States Government, and/or other applicable foreign governments prior to booking travel to international destinations. Information from the United States Government on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS FOR SALE, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND WE ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Third-Party Travel Provider Terms. Additional terms and conditions by third-party travel providers will apply to your reservation and purchase of travel-related goods and services that you select from the Website. You agree to abide by the terms and conditions of purchase imposed by any travel provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the travel provider’s rules and restrictions regarding availability and use of products or services. We reserve the right to cancel your reservation if full payment is not received by the final payment date. You acknowledge that some third-party travel providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service they offer.
You understand that any violation of any such travel provider’s rules and restrictions may result in
(a) cancellation of your reservation(s),
(b) being denied access to the applicable travel product or services,
(c) forfeiting any monies paid for such reservation(s), and/or
(d) debiting your account for any costs we incur as a result of such violation.
Hotels and Resorts. The hotels, resorts and other travel providers supplying travel or other services on the Website are independent third-party providers and not our agents or employees. We are not liable for any costs incurred due to hotel or resort relocation.
We have no special knowledge regarding the suitability of any reservation for persons with a disability. For information concerning the suitability for persons with a disability for any reservation, contact the travel provider directly.
We may pre-negotiate certain room rates with hotel and resort providers to facilitate the booking of reservations. You agree that your credit and/or debit card will be charged for the total reservation price.
Upon submitting your reservation request you authorize us to facilitate booking reservations on your behalf, including making payment arrangements with hotel and resort providers. You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel and resort transactions are a recovery of the estimated taxes (e.g., sales and use, occupancy, room tax, excise tax, value added tax, etc.) that we pay to the travel provider for taxes due on the travel provider’s rental rate for the room. The hotel and resort providers invoice us for certain charges, including tax amounts. The travel providers are responsible for remitting applicable taxes to the applicable taxing jurisdictions.
We do not act as a co-vendor with the travel provider with whom we book or reserve your travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by us to the travel providers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of your actual use of the hotel or resort.
9. Intellectual Property
- Website Proprietary Rights
Our logos and service names are our trademarks (the “Marks”). Without our prior permission, you agree not to display or use the Marks in any manner.
As between you and us (or another company whose marks appear on the Website), we (or the respective company) are the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and the copyright owner or licensee of the Website features, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (collectively the “Content”), Marks, and/or information on the Website, unless otherwise indicated.
Any commercial use of the Website, the Content, and/or the Marks is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by us. If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
The information on the Website including, without limitation, all Website design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of us or other entities. Such trademarks, service marks and trade names, including those listed below, may be registered in the United States and internationally.
- Claims of Copyright Infringement
We respect the intellectual property of others. If you believe that any material on the Website infringes on any copyright that you own or control, or that any link on the Website directs you to another website that contains material that infringes on any copyright that you own or control, please let us know by filing a notification of such infringement with us to have the material removed or otherwise blocked from access.
Notice of claims of copyright infringement on the Website can be sent by mail to:
41 Travel LLC dba Luxury Cruise Insider
Attn: Legal Counsel
2625 NE 17th Terrace
Wilton Manors, FL 33334
This contact information is provided exclusively for notifying us that copyrighted material may have been infringed. Unrelated inquiries will NOT receive a response through this process. Contact information for other matters is provided elsewhere on the Website.
Notifications of claimed copyright infringement must include the following information in order to be effective:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Your address, telephone number, and, if available, your e-mail address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
10. Third-Party Websites
The Website may contain links to third-party websites that are not under our control. We are not responsible for the content or practices of these websites. The inclusion of any links does not imply endorsement by us.
Permission must be granted by us for any type of link to the Website. To seek our permission, you may write to us at
41 Travel LLC dba Luxury Cruise Insider
2625 NE 17th Terrace
Wilton Manors, FL 33334
We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Website, at our discretion at any time.
11. Accounts and Passwords
To participate in certain areas of the Website, you may need to register for an account.
You agree to:
- create only one account;
- provide accurate, truthful, current and complete information when creating your account;
- maintain and promptly update your account information;
- maintain the security of your account by not sharing your password with others and restricting access to your account and your computer, laptop or mobile device;
- promptly notify us if you discover or otherwise suspect any security breaches relating to the Website;
- take responsibility for all activities that occur under your account and accept all risks of unauthorized access; and
- not sell, transfer, or assign your account.
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Website. We are not liable for any loss that you or a third party may incur arising from your inability or failure for any reason to comply with any of the foregoing obligations including, but not limited to, non-receipt of products purchased by you if your mailing address or other information associated with your account is invalid or incomplete. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates the Terms, or any applicable law, then we may suspend or terminate your account. We are not responsible for any delay in shutting down your account after you have reported a breach of security to us.
12. Indemnity
You agree to defend, indemnify and hold us, the third-party suppliers and travel providers, our affiliates, and our respective directors, officers, employees, contractors and agents (“Indemnified Parties”) harmless from any and all allegations, demands, claims, liabilities, damages, fines, penalties, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in any way connected with the Terms, your use of the Website, any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of Indemnified Parties, the services provided to you, your violation of the Terms or the posting or transmission of any materials on or through the Website by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party’s proprietary right.
13. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT:
We make no representations about the reliability of the features of the Website, the Content, user submitted content, or any other Website feature, and disclaims all liability in the event of any inaccuracy or service failure. You acknowledge that any reliance on such material or systems will be at your own risk. We make no representations regarding the amount of time that any Content or user content will be preserved.
The Internet may be subject to breaches of security. We are not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the internet may not be secure, and you should consider this before e-mailing us any information or posting information to the Website. We make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Website. The Website may be temporarily unavailable due to maintenance or malfunction of computer equipment.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE WEBSITE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF US.
14. Limitation of Liability
We operate and maintain the Website, but all travel services are provided to you by travel providers and all other products, wine and merchandise are provided to you by independent suppliers.
To the maximum extent permissible by law, and as described in the Product and Service Specific Terms and Conditions section above, we and our subsidiaries and affiliates shall not be liable for any of the travel services provided to you by travel providers or for any of the products, wine or merchandise provided to you by independent suppliers.
In no event shall we, our affiliates, or our respective directors, officers, employees, agents, or content or providers be liable for any of the following even if we or our representatives have been advised of the possibility of such damages:
- Indirect, consequential, or incidental damages;
- Special, exemplary, or punitive damages;
- Losses arising from, or related to the use or the inability to use the Website or the Content, materials and function related thereto;
- Lost revenue, profits, business, data, sales; and/or
- Cost of substitute services.
Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you and the foregoing paragraph shall not apply to a resident of New Jersey to the extent damages to such New Jersey resident are the result of our negligent, fraudulent or reckless act(s) or intentional misconduct. In no event shall the total liability of us to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the Website exceed, in the aggregate, $100.
15. Dispute Resolution, Binding Arbitration, Class Action Waiver
We do not represent that materials on the Website are appropriate or available for use in locations outside of the United States. Persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws.
Use of the Website, the Terms, all applicable program terms and conditions, and the Privacy Notice shall be governed by and construed in accordance with Arizona state law, without giving effect to any principles of conflicts or choice of law provisions. Any dispute arising out of or relating to use of the Website, the Terms, applicable program terms and conditions, or the Privacy Notice shall be pursued only in Maricopa County, Arizona, and you hereby consent to personal jurisdiction in such venue.
By using the Website, you agree to arbitrate any and all disputes, claims or controversies whatsoever between you and us, whether based on contract, tort, statutory, constitutional, legal or regulatory or any other rights, arising from or relating to this Agreement or the Program or otherwise arising from our relationship hereunder, whether characterized as violations of civil rights, discrimination, consumer protection, rights of privacy, data protection or otherwise, shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) to be conducted in Broward County, Florida, U.S.A., to the exclusion of any other forum. You hereby consent to the foregoing jurisdiction over you personally and waive any objection to arbitration as the exclusive means by which disputes hereunder shall be resolved and any right to object or claim that conducting the arbitration in Maricopa County, Arizona is an inconvenient or inappropriate forum. The arbitration proceeding shall be administered by the AAA under its Commercial Arbitration Rules and the fee schedule in effect at the time the proceeding is commenced.
Consistent with the AAA rules, the arbitration proceeding shall be governed by the Federal Arbitration Act (“FAA”) and a final judgment upon any award rendered by the arbitrator, consistent with the requirements and terms and conditions of this Agreement, may be entered by any court having jurisdiction over the parties or the subject matter of the dispute. Either party may elect to participate in the arbitration telephonically or by other digital means. Except to the extent the parties’ procedural or substantive rights are governed by the FAA and any Federal common law relating to arbitration, the interpretation and enforcement of the terms and conditions of the Terms, the arbitration proceedings and any award rendered as a result thereof, shall be governed by the laws of the State of Arizona without regard to its choice of law and conflict of law rules that would result in the application of any other laws.
You agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, consistent with the class action waiver provisions of the Terms below and the arbitrator shall have no authority to arbitrate claims on a class-wide, collective, group or consolidated basis. You further agree that: (i) the arbitrator’s decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; and (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, reasonable attorneys’ fees, the costs and expenses of the administration of the arbitration proceedings including AAA filing fees, and any costs and attorneys’ fees incurred in executing on or enforcing the arbitration award.
Except as otherwise expressly provided in the Terms, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of the arbitration award.
Notwithstanding anything to the contrary in the Terms, each party has and reserves the right to seek equitable relief, including restraining orders and injunctions available to the parties, in circumstances where such relief is necessary and available to protect the interests of a party and avoid imminent and irreparable harm where money damages will not be an adequate remedy. Instituting an action for any such equitable relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration or of any other right or remedy permitted hereunder.
WAIVER OF CLASS ACTION: THE TERMS PROVIDE FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION AGAINST US OR OUR AFFILIATES WHATSOEVER SHALL BE RESOLVED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION.
NOR SHALL AN ARBITRATOR HAVE ANY AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SHALL SUCH CLAIM NOT BE SUBJECT TO ARBITRATION.
16. Notices
Notices to you may be made via either email or regular mail. The Website may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Website.
Contacting Us
To contact us with any questions or concerns in connection with the Terms or the Website, or to provide any notice to us under the Terms, please contact us at
41 Travel LLC dba Luxury Cruise Insider
2625 NE 17th Terrace
Wilton Manors, FL 33334
Tel: (219) 313-0369
17. Miscellaneous
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, the Terms and the Privacy Notice constitute the entire agreement between you and us pertaining to and governing your use of the Website. You also may be subject to additional terms and conditions that are applicable to certain parts of the Website.
We reserve the right to modify the Terms at any time without prior notice. Any changes will be effective upon posting the updated terms on the Website.
We may use contractors, or affiliates that are under common control or ownership with us, to perform services for you on our behalf. By continuing to use the Website, you agree and consent to our use of contractors or affiliates to perform such services on our behalf.
You agree that no joint venture, partnership, employment, or agency relationship exists between us and you as a result of the Terms or your use of the Website.
Any claim or cause of action you may have with respect to us or the Website must be commenced within one (1) year after the claim or cause of action arose.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect.
The Terms are effective until terminated by us, for any reason, with or without notice. Upon termination, you must discontinue the use of the Website, destroy all materials obtained from the Website and all copies thereof, whether made under the Terms or otherwise.
The Terms inure to the benefit of our successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
18. Seller of Travel
41 Travel LLC dba Luxury Cruise Insider is registered with the State of Florida as a Seller of Travel. Registration No. #ST-44327. We are not a registered seller of travel in the following states: Washington, Hawaii, and California. We are not a participant in the California Travel Restitution Fund. California requires certain sellers of travel to have a trust account or bond. We maintain a Consumer Protection Bond issued by Hartford Fire Insurance Company in the amount of $50,000.
Accessibility Policy
Everyone should be able to access and enjoy the web.
41 Travel LLC dba Luxury Cruise Insider is committed to accessibility, by providing products and services accessible to the widest audience possible.
We lean on Web Content Accessibility Guidelines (WCAG) 2.1 of the World Wide Web Consortium (W3C) and we adhere such guidelines and quality control to as part of our product design and technology process.
Our Four Key Areas of Focus:
Quality Assurance
In our efforts to incorporate the Web Accessibility Guidelines (WCAG), Guestbookings.com uses manual and automated accessibility testing in conjunction with ongoing assessment by in-house and third-party accessibility specialists as well as specialized tools. Our goal is to continue to identify areas for usability improvement and further improve the accessibility of our site.
UI Components, Patterns and Themes Library
In order to reliably deliver consistent accessible solutions, we are building our own UI components, patterns and libraries that are accessible from the ground up. The reuse of such components (menus, dialogues, buttons etc) alongside CI/CD (Continuous integration and Continuous Delivery) pipelines that automatically check for accessibility scoring drastically increase quality of the output of the front-end teams and therefore of the end user experience.
We will continue to work, creating the best user experience while supporting full accessibility for the vast majority of users. Should you have questions or comments as to how we can better provide accessibility features and services, please let us know.
User Experience and Engineering Training
We provide our product teams with online and in-person training, periodic refreshers, and informational sessions.
Continuous Documentation
We have a wealth of reference information available to our product teams, including best practices, discipline-based support guides, and FAQs. We continually update and improve this documentation as the WCAG standards evolve.
Contact
If you have questions or comments regarding our accessibility policy, please contact us via email: info@luxurycruiseinsider.com