Booking Agreement
Terms and Conditions
Virtue + Vice is fashion
startup and supply chain needs consulting firm offering customized tours to our
clients. The terms "we", "us", "our", and “Virtue
+ Vice” refer to Virtue + Vice Consulting, LLC, a limited liability company
organized and existing under the laws of the State of New York. The term "you", “participant” or “traveler” refers to the traveler making a booking with us and
all members of their group.
CONTRACT. We draw your attention to the terms and conditions of
travel below, and these terms and conditions, including without limitation our
Privacy Policy (found here: https://shopvirtueandvice.com/pages/privacy)
as well as all brochures, documents, correspondence and the terms and
conditions of our suppliers, form the basis of our contract with you (the
“Agreement”). Before making a booking
with us you must ensure that you have read and understood these terms and
conditions (raising any questions you may have with us). Please be aware that these terms and conditions contain waivers of
liability as well as waiver of class action and venue selection and notice clauses.
By asking us to confirm
your booking you are accepting all of the terms
and conditions laid out below and acknowledging that you have read the terms of
this contract and agree with it. If
you do not agree to these terms and conditions or any other aspect of our
Agreement, then you must not make a booking or engage in any travel or tour
with us.
If you are making a booking as
a group, the leader of the group is responsible for sharing these terms and
conditions with all members of the group and is financially responsible for the booking.
We will not be liable
for a group leader’s failure
to share these Terms with all
travelers in their group.
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.
VIOLATIONS
BY YOU. 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, and (c) you being denied
access to the applicable
travel related product or service.
CHANGES TO THESE
TERMS AND CONDITIONS. Virtue + Vice reserves the right, in our
sole discretion, to change these
terms and conditions at any time.
Updated versions of the terms
and conditions will be posted here on this website and are effective
immediately on posting. If we make material changes, we will notify you. Please
check frequently, especially before you make a booking, to see if these terms
and conditions
changed. Your continued use of our services including continuing to use or maintain
any bookings after any changes to the terms and conditions constitutes
your consent to the changes.
COVID 19 RELEASE OF LIABILITY. By
booking a tour at this time, you acknowledge the highly contagious nature of
COVID-19 and voluntarily assume the risk for yourself and any minors traveling
with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner
that is not foreseeable at the time you book your tour. You acknowledge that
exposure to such viruses or disease is an inherent risk of traveling, that
cannot be controlled or eliminated by Virtue + Vice.
You acknowledge
that due to the uncertainty of travel at this time, your tour may be postponed
or cancelled or changes may be made to itineraries due to closures of certain sites
or activities, for which there
may be no refund. You may also be required
to quarantine upon arrival in some locations. Some locations may require
you to have a vaccination. You are
responsible for understanding these requirements and must not rely on Virtue + Vice to provide these
details. You understand that you may become sick before, during, or after the tour
and may not be able to travel and such cancellation or interruption will be
subject to our cancellation terms below, for which we will not be liable.
You agree that
due to uncertainty caused by COVID 19, Virtue + Vice has strongly encouraged the purchase of travel protection coverage including cancel for any reason
coverage if and when available, and that should you fail to purchase travel
protection coverage, Virtue + Vice shall not be liable to any losses howsoever
arising.
You, for
yourself, and any minors traveling with you, and on behalf of your and their
heirs, assigns, personal representatives and next of kin (The Releasors),
HEREBY RELEASE, AND HOLD HARMLESS Virtue
+ Vice, its members, officers, agents, and/or
employees, suppliers, and other tour members (RELEASEES), of from and against
any and all claims, damages, demands, losses, and liability arising out of or
related in any way, in whole or in part to
any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure,
infection, spread, closure, and travel restrictions related to COVID- 19,
WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the
fullest extent permitted
by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive
any termination or cancellation of this Contract, whether by operation of law
or otherwise.
BOOKING/PAYMENT. When you
are ready to start your next travel adventure simply contact us either by email, phone
or by filling out the contact information on the website. Your booking will be confirmed
upon receipt of the completed registration form and deposit or, if you so
choose, payment in full. After
booking you will receive your
itinerary, an invoice with payment information and/or installment information, and other important
travel information. The invoice will contain a breakdown of the elements of
your booking and your deposit and can either be paid in full upon receipt or in
installments as described in the invoice. This invoice is subject to change
until you receive confirmation that your travel
is booked. All Deposits are NON-REFUNDABLE,
unless stated otherwise in the Terms & Conditions of the Supplier.
Our bookings do not include
round-trip airfare. You must make
independent air travel reservations related to your booking. Your contract for
airfare is with the carrier and subject to its terms and we will not be liable for any change
fees or cancellation fees or other
additional cost you incur with the air carrier.
Upon booking, we will provide
you with instructions for payment. You
must make all payments in full and on time. If
payments are not received when due, we reserve the right to cancel your travel and apply the cancellation charges
set out in the cancellation section below. Failure to
make a payment may result in the cancellation of your travel. In such a case
this would be considered a cancellation by you and the cancellation terms and
fees as described below would be in effect.
Once payment in full for your
trip is processed, you will receive i) a receipt and ii) a checklist of items
for you to review travel documents. Please
review documents carefully and promptly as we will not be responsible for any
errors. It is your responsibility to review
all travel documentation and alert us as soon as possible
with any corrections.
CREDIT CARD BOOKINGS. While we do accept major credit cards
including Visa, Mastercard, American Express and Discover, travelers must
provide to us a click or signed authorization for every transaction for your
trip. Your authorization is an agreement for us to charge
your card and an acknowledgement and agreement to these
terms and conditions including the cancellation terms. As such you agree not to
make any improper chargebacks.
In certain cases, you have the
ability to dispute charges with credit card companies
("chargebacks"). Before initiating a chargeback, we ask you first to
call us to discuss any questions or concerns about our charges. We will work
with you in attempting to resolve your concerns. By using our service to make a
reservation, you accept and agree to our cancellation policy. Virtue + Vice
retains the right to dispute any chargeback that is improper and recover any costs, including
attorney’s fees related
to improper chargebacks. Additionally, in the event
of an improper chargeback, we retain
the right to cancel any travel reservation related to that improper chargeback.
The following chargeback scenarios
are improper and we retain the right to investigate and rebut any such chargeback claims:
●
Chargebacks resulting from non-cancellable reservations, whether or not the
reservation is used.
●
Chargebacks resulting from charges authorized by family, friends,
associates or other third
parties with direct access to your credit card. This does not include credit
card fraud.
●
Chargebacks arising from inconsistency or inaccuracy with regard to the
supplier’s product description.
●
Chargebacks resulting from force majeure
or other circumstances that are beyond the
control of Virtue + Vice or the supplier.
●
Chargebacks resulting because
you do not agree with the cancellation policy.
PRICE AND RATE CHANGES. The
price of your itinerary will be based on known costs at the date of issue of
the itinerary. All prices we
advertise are accurate at the date published, but we reserve
the right to change any of those
prices from time to time. Prices include a cost for local
taxes that are estimated at the date of publication. At the time of booking confirmation, we will provide you with an
invoice reflecting the current price.
We reserve the right to add a
supplement to your travel prices should our costs of supplying your travel
increase, until we receive your full payment.
Any increase to your travel price will be as the result
of changes in our costs
of supplying your travel resulting from changes by our suppliers,
dues or taxes payable locally, currency fluctuations and government action. If
our costs to supply your travel increases, we reserve the right to increase the
price of your travel and will forward a new Invoice reflecting any changes
made. After full and final payment your price is locked in.
We reserve
the right to make changes
to and correct errors in advertised prices
at any time before your
travel is confirmed. We will advise
you of any errors of which we are aware and of the then applicable price at the
time of booking.
WHAT’S INCLUDED IN YOUR
TOUR
Accommodations
Accommodations are provided as
detailed in your itinerary. Special requests such as single rooms, lower floors,
connecting rooms and smoking preference, must be made at
the time of booking. While we will
make reasonable efforts to communicate your requests to the supplier, such
requests are not guaranteed and are at the discretion of the supplier. There
may be additional charges for such requests which will be solely the expense of
the guest making the request.
Travelers should be aware that
hotel room sizes, standards and facilities can vary regionally and are often different from standards in the United States. This can include difference in bed sizes and room
sizes, bathroom amenities, amenities such as
air-conditioning and compliance
with other standards such as ADA and wheelchair accessibility. One of the joys of international travel
is experiencing different cultures and
different ways of life so we hope that you will accept these differences with
grace and a sense of adventure.
Virtue + Vice reserves
the right, if necessary, to substitute other
similar hotels for hotels
listed on your itinerary. Such substitutions may be made at any time and
without prior notice. We cannot be held responsible for hotel over-bookings;
should such occur, we will undertake to find similar accommodations in the same
area. Such substitutions are at Virtue + Vice’s sole discretion and no refunds
will be offered for changes in accommodations.
While we exercise due diligence in
the selection of our partners, hotel and other accommodation profiles are based
on information provided to us by the supplier.
This includes images and descriptions of the properties and rooms. Additionally, travelers should be aware that star ratings
or similar systems
are based on country classifications and therefore can differ. While Virtue + Vice does its best to
maintain current and accurate information regarding these suppliers, we cannot
be held responsible for any inaccuracies in supplier descriptions, amenities,
or images.
Transfers
Virtue + Vice is pleased to
offer transfers in accordance with your individual itinerary. You must be on
time for all transfers. There will be
no refund for missed or unused transfers. You
are responsible for all transfers to and from the airport and you must provide us your flight
information no less than 21 days prior
to departure. If at any time
your flight plans change, you must notify us immediately. Failure to do so may result in missing a portion of the tour and no
refund shall be due.
Meals
Meals are as indicated in the
itineraries. Special diets should be
requested at the time of booking; however, it may not be possible for special
diets to be catered to in some of the destinations we feature. For safety and
liability reasons, Virtue + Vice and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible
for any issues or problems associated with the same. We will advise the hotels
of your request but we cannot guarantee their availability.
Sightseeing/Activities
Sightseeing tours and activities are included as indicated
in the itineraries.
Round-trip Airfare
Roundtrip airfare is not included. However,
we bring to your attention
the importance of accuracy. Names provided to secure reservations must match travelers’
passport.
Middle names are not required
to appear on airline tickets. Date of birth and complete passport details are
required. Any minor name corrections advised after airline tickets have been
issued will incur fees. Not all name corrections will be permitted by airlines
and may require the purchase
of a new ticket. For domestic air travel, you must adhere to the airline’s requirements for
Real ID’s. Travelers voluntarily
assume full and sole responsibility for any and all risks and/or costs involved
with failure to report any errors and/or omissions to documentation.
Changes to Itineraries
Virtue + Vice reserves
the right to make changes
to its published itineraries which we
deem insignificant and are due to reasons beyond our control. In such cases, we
will arrange for the substitution of comparable services.
While no changes are anticipated,
there may be occasions when certain alterations become necessary. These can be due to religious holidays,
national celebrations, or unforeseen events including weather, governmental
closures, acts of God, or any other reason. Virtue + Vice reserves the right to
change the itinerary due to such unforeseen circumstances or emergencies.
Additionally, historic sites undergo renovations from time to time which can
obscure viewing or otherwise change the nature of visiting these sites. No tours will be cancelled
due to renovations, although Virtue + Vice may choose to amend itineraries for such
sites. These changes will not be
considered a material changes and will not be considered cause for cancellation
by the guest.
If we or our suppliers suggest
alternate activities in place of a planned
stop or in case of leisure time, such suggestions do not
constitute our endorsement. In such a
case you will be subject to the terms and conditions of the supplier of the
activity and your only recourse in case of damage will be against the supplier
of the alternate activity.
What’s Not Included
Any items and matters not
referred to in your itinerary are not included in the tour price. This can
include, but is not limited to items such as international air travel, checked
and/or excess baggage; passport and visa fees; trip protection and/or insurances
of all kinds; gratuities if not listed on your itinerary; laundry; phone calls;
minibar; beverages and meals not detailed in the itinerary; Optional Experiences; and all items
of a personal nature. Additional taxes and surcharges may be
collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses,
including your return home, if
you leave the tour whether of your own volition, our decision based on behavior
that disrupts the trip, due to illness, action by any government or other
reason. This list is illustrative and not a complete list of every item not included.
International air travel is not
included in the price of any tour unless we specifically advise you otherwise
in writing. You must make independent international air travel reservations
related to your booking. Regardless of whether your airfare is international or
domestic, your contract for airfare is with the air carrier and subject to its
terms and conditions and we will not be liable
for any change
fees or cancellation fees or any other
additional costs you incur with the air carrier.
Non-Operation
of Group Tours
All tours are based on a
minimum number of participants. Virtue
+ Vice makes every effort to ensure that tours meet their minimum requirements. However, if the tour drops below the minimum number
of participants cancellation of the tour may occur
at the sole discretion of Virtue
+ Vice. In such case,
guests will be advised at least 45 days prior
to departure. Virtue + Vice
reserves the right to change the departure date. We may offer alternative tour
dates or other travel arrangements. You
may choose to accept these
arrangements or to cancel your
booking, in which case a full refund will be provided. Any air cancellation will be in accordance with the terms of the carrier and Virtue + Vice
will not be liable for the carrier’s refusal to make any refund whatsoever. In such case Virtue + Vice will not be liable for any additional costs incurred outside
of the tour prices such as
visa and passport fees, travel insurance or any other purchases made by the
guest in anticipation of the tour.
Changes and
Cancellations
Changes by Traveler
Since changes are considered canceled services, additional cancellation penalties may apply. Changes are subject to
additional hotel charges based on availability and may incur additional fees.
Changes to airfare are subject to the carrier’s terms and conditions.
Cancellation
As described above, Virtue
+ Vice is required to pay all suppliers well in advance
of your tour date. This includes but is not limited to hotel
accommodations, meals, tickets, transportation, etc. All suppliers have their
own cancellation policies, which apply to your
booking. Should a cancellation become necessary, please inform Virtue + Vice
immediately in writing and request a written confirmation of your cancellation.
Upon, receipt, Virtue + Vice will follow industry procedures for any applicable
refunds as outlined in the supplier’s terms
and subject to their review.
If you are entitled to a refund, please note that the supplier is
responsible for this refund, not Virtue + Vice. Suppliers may choose to provide
a travel voucher or credit in lieu of refund.
We are not responsible for a supplier’s failure to pay a refund or for
supplier bankruptcy or insolvency.
In addition, cancellation charges will apply. Cancellation charges are expressed at a percentage of
quoted price as follows:
Credit card and
processing fees will not be refunded. No refunds will be given under any
circumstances for cancellation subsequent to December 12, 2025. A refund of
twenty-five percent (25%) shall be granted if cancellation occurs between
November 12, 2025 and December 11, 2025. A full refund of any funds paid to Us
towards attending the tour shall be granted if cancellation occurs prior to
November 11, 2025.
Upon determining that You are entitled to a cancellation/refund pursuant
to this policy, Virtue + Vice will promptly issue an instruction to its payment
processor to issue the refund. Virtue + Vice
does not control its payment processor and will not be able to expedite
any refunds.
If the reason for cancellation is
covered under the terms of your travel protection plan you may be able to
reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional cancel for any reason
coverage.
Airline tickets
are governed by the air carriers’ terms
and we are not responsible for any air
carrier’s decision regarding refund.
Cancellation of Changes
by Virtue + Vice
We reserve the right to cancel or reschedule any departure for any reason.
If we cancel, except in the case of a force majeure event, we will
offer alternate arrangements. We may
at our sole discretion offer travel vouchers or refunds in accordance with the
cancellation schedule above.
Guest is responsible for any additional costs for air tickets
or other travel arrangements not made by us.
If between planning time and/or during actual travel,
circumstances require changes, Virtue + Vice and its suppliers,
reserve the right to cancel or vary any itinerary and substitute components of
any tour, including but not limited to hotels and accommodations of comparable
quality, if air schedule or surface transportation charges, security matters,
and/or other events make such alterations necessary.
Suppliers may substitute
transportation equipment depending on any variety of factors, including the
volume of passengers on the tour. Sightseeing Tours may be altered as described
above. Virtue + Vice cannot be held responsible for any closures, necessary
itinerary changes, or curtails for any reason.
These changes and/or substitutions will not
be considered material changes and will not be consider cause for cancellation
by the traveler. Normal cancellation penalties still apply to the tour that has
been changed.
NO REFUND FOR UNUSED ARRANGEMENTS. As Virtue + Vice’ prices are based on
contract rates, there will not be any refund for any unused portion of a travel
booking. If you cancel while the trip is in progress, there is no refund for
the unused portion.
FORCE MAJEURE. Virtue + Vice assumes no liability for, any loss,
damage, delay, or cancellation resulting in whole or in part from an Act of God
or any other force majeure condition, including, without limitation: fire,
volcanic eruption, hurricane, environmental pollution or contamination,
inclement weather, earthquake, low or high water levels, flood, water or power
shortages or failures, tropical storms or hurricanes, riots or civil
commissions or disturbances, and any other acts of a similar nature, sabotage,
arrests, strikes or labor disruptions, restraint of rulers or peoples,
expropriations, acts of terrorism, war, insurrection, quarantine restrictions,
government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature,
government seizures, refusal
or cancellation or suspension or delay of any government authority or any
license, permit or authorization, damages to its facilities or the travel
supplier and its facilities, or any other unforeseen circumstances or any other
factors unforeseen by Virtue + Vice that impacts negatively on, or hampers, its
ability to fulfill any of its contractual conditions. In the circumstances
amounting to force majeure, we will not be required to refund any money to you,
although if we can recover any monies from our suppliers, we will refund these
to you without any charge by Virtue + Vice.
TRAVEL PROTECTION. Travel Protection Coverage is not included. However, it is the
traveler’s responsibility to protect their purchases. For this reason,
travel insurance and additional cancel for any reason
coverage is strongly recommended. Such plan should cover Trip Cancellation or
Interruption, Medical Expense, Emergency
Evacuation/Repatriation, and
Baggage. Travel protection plans can help protect you in the event of loss of
non-refundable trip deposits and payments that result from cancellation or trip
interruption (due to a covered reason such as injury or illness before or
during the trip). It also helps with reimbursement for medical emergency costs
(including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including
cancel for any reason coverage must be purchased in close conjunction with your
travel purchase.
Virtue + Vice is not qualified
to answer technical questions about the benefits, exclusions, and conditions of travel insurance
plans. Virtue + Vice cannot evaluate the adequacy of the prospective insured's
existing insurance coverage. If you have any questions about your travel
protection, call your insurer or insurance agent or broker.
Certain countries have a requirement for foreign visitors
to have valid
medical insurance on entry.
Virtue + Vice cannot be held responsible for denied entry
if a traveler is unable to provide details to authorities
of insurance or denial of entry for any reason. Declining to purchase
an adequate travel
protection plan could
result in the loss of your travel
cost and/or require more money to correct the situation. You also
acknowledge that without this coverage, there may be no way to recoup any losses,
costs or expenses
incurred. If you choose to travel without adequate coverage, we will not be
liable for any of your losses howsoever arising, for which trip protection plan
coverage would otherwise have been available.
DESTINATIONS
AND DOCUMENTATION. Travel to certain
destinations may involve greater risk than others. Virtue + Vice urges
Travelers to remain informed on a daily basis as to current news, 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, and http://www.cdc.gov. In addition, you should consult with government websites to ensure
that you are in compliance with all requirements for admittance into that
country, including COVID- 19 requirements, as well as understanding local laws
that govern travel within a country, such as medical tests and tracking. It is your responsibility to be aware of
any and all requirements for admittance to a country
or state, including
Covid-19 requirements. Should you
choose to travel to a country that has been issued a travel warning or
advisory, Virtue + Vice will not be liable for damages or losses that result
from travel to such destinations.
It is the responsibility of each
traveler to obtain and carry a valid passport, visa(s), inoculations, and all
other documents required by applicable government regulations. For up-to-date
requirements US citizens should visit www.travel.state.gov.
When travelling domestically within
the USA 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, found here: http://www.tsa.gov/traveler-information/acceptable-ids.
Virtue + Vice
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-USA citizens may require additional documentation. Children and infants also require all such
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.
Recommended inoculations for
travel may change and you should consult your practitioner for current
recommendations before you depart. It is your 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. Inoculation
requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
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
traveler to miss flight(s), and subsequent scheduled travel bookings tours.
Virtue + Vice bears no responsibility for advising and/or obtaining required
travel documentation for you, or for
any delays, damages, and/or losses including missed portions of your vacation
related to improper documentation or government decisions about entry.
INSECTICIDE NOTICE. Travelers
are encouraged to 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 U.S.
Department of Transportation’s Web site, as this list is updated from time to
time:
http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
NON-RESPONSIBILITY; LIMITATION OF LIABILITY; CAP ON DAMAGES.
VIRTUE + VICE AND ITS EMPLOYEES,
SHAREHOLDERS, AGENTS, AND REPRESENTATIVES USE THIRD PARTY SUPPLIERS TO ARRANGE
PROGRAMS, EVENTS, ACTIVITIES AND ALL OTHER SERVICES AND PRODUCTS RELATED
TO YOUR TOUR. WE ARE AN
INDEPENDENT CONTRACTOR AND ARE NOT EMPLOYEES OR AGENTS OR REPRESENTATIVES OF
ANY SUPPLIERS. WE DO NOT OWN, MANAGE, OPERATE, SUPERVISE, OR CONTROL ANY
TRANSPORTATION, VEHICLE, AIRPLANE, HOTEL OR RESTAURANTS, OR ANY OTHER ENTITY
THAT SUPPLIES SERVICES RELATED TO YOUR TRIP.
ALL SUPPLIERS ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OR
EMPLOYEES OR REPRESENTATIVES OF OURS. ALL TICKETS, RECEIPTS, COUPONS, AND
VOUCHERS ARE ISSUED SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED BY EACH
SUPPLIER, AND BY ACCEPTING THE COUPONS, VOUCHERS, AND TICKETS, OR UTILIZING THE
SERVICES, ALL TRAVELERS AGREE THAT NEITHER VIRTUE + VICE, NOR ITS EMPLOYEES,
AGENTS, OR REPRESENTATIVES ARE OR MAY BE LIABLE FOR ANY LOSS, INJURY, DEATH, ACCIDENT, DELAY, IRREGULARITY, OR ANY OTHER DAMAGES
OR EXPENSES TO ANY TRAVELER
OR THEIR BELONGINGS, OR OTHERWISE, IN
CONNECTION WITH ANY SERVICE
SUPPLIED OR NOT SUPPLIED RESULTING DIRECTLY OR INDIRECTLY FROM ANY OCCURRENCE
BEYOND OUR CONTROL. WE ASSUME NO RESPONSIBILITY OR LIABILITY AND WILL MAKE NO REFUND IN
THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, SCHEDULE CHANGE, CESSATION
OF OPERATIONS, LABOR DISPUTE, STRIKE, ACTS OF GOVERNMENT, ACTS OF WAR,
TERRORISM, DISEASE, PANDEMIC, QUARANTINE, WEATHER OR OTHER FORCE MAJEURE EVENT
OR OTHER CAUSE BEYOND OUR DIRECT CONTROL (EXCEPT TO THE EXTENT REQUIRED UNDER
APPLICABLE CONSUMER PROTECTION LAW). WE
HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR
RE-ROUTING CAUSED BY ANY ACTS OR OMISSIONS OF ANY
SUPPLIER OR GOVERNMENTAL AUTHORITY. THE FACT THAT WE INCLUDE OR OFFER ANY
PRODUCT OR SERVICE THROUGH OUR VACATION PROGRAM
AND/OR CERTAIN TRAVEL-RELATED
SERVICES DOES NOT MEAN WE ARE ENDORSING OR RECOMMENDING SUCH PRODUCT OR
SERVICE. ANY AND ALL CLAIMS REGARDING ANY PRODUCTS AND SERVICES OFFERED THROUGH
OUR TOUR ARE LIMITED TO CLAIMS AGAINST THE SUPPLIER OF SUCH PRODUCTS AND SERVICE.
WE HEREBY DISCLAIM ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, INCLUDING WITHOUT LIMITATION,
LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL,
INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH PRODUCTS OR SERVICES
PROVIDED BY ANY SUPPLIER, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY ACT,
ERROR, OMISSION, INJURY, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT, DELAY,
IRREGULARITY OR ANY OTHER DAMAGES OR EXPENSES WHICH MAY BE INCURRED THROUGH
THE FAULT, NEGLIGENCE, OR OTHERWISE, OF SUCH
SUPPLIERS AND YOU HEREBY EXONERATE US FROM ANY LIABILITY WITH RESPECT TO THE
SAME. VIRTUE + VICE RESERVES THE RIGHT TO REFUSE ANY TRAVELER OR POTENTIAL TRAVELER
IN ITS SOLE, ABSOLUTE AND UNFETTERED DISCRETION. TRAVELER UNDERSTANDS AND AGREES THAT, NOTWITHSTANDING ANYTHING HEREIN
TO THE CONTRARY, TRAVELER’S MAXIMUM RECOVERY AGAINST VIRTUE + VICE IN
CONNECTION WITH ANY AND ALL POSSIBLE CLAIMS IS STRICTLY LIMITED TO FIFTY
PERCENT (50%) OF THE FEE EARNED OR COLLECTED BY VIRTUE + VICE FOR YOUR SPECIFIC
TRAVEL IN CONNECTION WITH YOUR TOUR.
ASSUMPTION OF RISK/WAIVER. Traveler is aware
that travel such area as traveler is undertaking on the trip may involve
inherent risks, some in remote areas of the world.
Inherent risks include, but are
not limited to, risk of injury or death from: motor vehicles collisions,
animals, roadway hazards, slips, and falls, criminal or terrorist acts,
government actions, consumption of alcoholic beverages, tainted food, or non-potable
water; exposure to the elements, including heat, cold, sun, water, and wind;
your own negligence and/or the negligence of others, including
tour guides, other travelers, Virtue
+ Vice and its 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
you are not
prepared or other such accidents;
the negligence or lack of adequate training of any 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.
Traveler 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 this trip, traveler is willing to accept the risks and
uncertainty involved as being an integral part of travel, including the risk of
infection, illness and death. Traveler hereby accepts and assumes full
responsibility for any and all risks and agrees to and shall hold harmless and
fully release Virtue + Vice from any and all claims associated with the trip,
including any claims of third-party negligence and/or the negligence of Virtue
+ Vice and traveler hereby covenant not to sue Virtue + Vice for any such
claims or join any lawsuit or action that is suing Virtue + Vice. This
Agreement also binds your heirs, legal representatives and assigns. The terms of this HOLD HARMLESS AND
RELEASE OF ALL LIABILITY paragraph, shall survive any termination or
cancellation of this Contract, whether by operation of law or otherwise.
INDEMNIFICATION. Traveler agrees
to and shall indemnify and hold harmless
Virtue + Vice, and each of
our officers, directors, employees and agents (collectively “Virtue + Vice”),
from any expenses, losses, liabilities, damages, judgments, settlements and
costs (collectively, “damages”) involved with or incurred by Virtue + Vice
(including, without limitation, reasonable attorneys’ fees and the advancement
of same) with respect to any claims, law suits, arbitrations, or other causes
of action, which result, directly or indirectly, from: (i) traveler’s breach or
violation, or threatened breach or violation, of this Agreement and (ii) Any
damage caused by traveler while participating in the trip.
BAGGAGE FEES. Due to continual
changes in airline
baggage policies, it is suggested that you inquire with your
airline's website for up-to-date fees & information. Virtue + Vice is NOT
responsible for additional fees incurred for baggage or seating.
RE-CONFIRM YOUR FLIGHT.
Virtue + Vice advises you personally to re-confirm your flight schedule within 24 hours
prior to departure directly with the airline in case of any last-minute changes
or delays. Most airlines allow
you to check in online
24 hours prior to departure.
PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH
DISABILITIES. The nature
of many of the
destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However,
we will be delighted to
discuss the feasibility of your participation in any of our trips.
It is essential that you advise
us before booking if you do have any disability or
pre-existing medical
condition which may affect your tour, or if you have any special
requirements as a
result of any disability or medical condition (including any which affect the booking process)
so that we can assist
you in considering the suitability of the arrangements and/or in making the booking.
Virtue + Vice will communicate requests to suppliers,
but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the
sole expense of the traveler requiring the accommodation. Please note that
accommodations outside of the USA may not be in compliance with the Americans
with Disabilities Act and may not have wheelchair accessibility.
Our suppliers
are, unfortunately, unable to offer additional assistance to travelers with
limited mobility and all such assistance will need to be provided
by whoever the traveler
is traveling with. Travelers with disabilities must notify Virtue + Vice at the
time of booking of status
and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance.
We may request that you provide a letter from your doctor confirming your
fitness to travel.
HEALTH.
For the safety
or our guests, Virtue + Vice reserves
the right to request health information prior to travel and to
exclude any participants it deems unfit for travel at its sole discretion. If
you are pregnant or expecting at or around the time of your planned travels,
please inform us prior to booking. Some suppliers will not permit travel past
certain gestational periods for your safety and the safety of your child/ren. If you become pregnant after booking with
us, please consult with a doctor and review the supplier terms and conditions
as they relate to your booking to determine whether you will be permitted or prevented from traveling. If you are denied boarding
embarkation, or access to a
supplier due to a pregnancy, Virtue + Vice shall not be liable for any losses,
expenses, or refunds resulting from such loss in access for you or anyone in
your group.
PHOTOGRAPHIC/VIDEO LIKENESS. Traveler
hereby gives consent and irrevocably grants to Virtue + Vice a perpetual
license to publish any photographs, videos and/or other media of the trip or
traveler (or traveler’s likeness) in printed or electronic media without
obtaining further consent and without compensation. Each traveler releases
Virtue + Vice and its representatives from any liability
in connection with any use of such photographs, video and/or other
media.
CLASS ACTION WAIVER/LIMITATION OF DAMAGES/NOTICE OF CLAIM. You agree
that you will only bring claims against Virtue +
Vice in your individual capacity and not as a plaintiff or class member in any
purported class action or representative proceeding. Virtue + Vice shall not in
any case be liable for other than compensatory damages, and your payment of a
deposit on a trip means that you agree to these conditions of sale and expressly waive
any right to punitive damages.
You understand and agree that no claims will be considered and that
you will not bring suit against Virtue + Vice unless you have first provided a
typewritten notice of claim to Virtue + Vice within 30 days after the trip or
cancellation of the trip. The terms and conditions of this Agreement shall be
governed and construed under the
laws of the State of New York and you agree the proper venue for any claims against Virtue + Vice shall be
brought only within the State of New York.
FASHION TOUR TERMS
OF PARTICIPATION.
Your Behavior
In the sole discretion of
Virtue + Vice and our suppliers, Virtue + Vice may require any traveler to
leave the trip if it is reasonably believed that the traveler has engaged in,
is engaged in, or is threatening to engage in, behavior that may adversely affect
the safety, security, comfort, enjoyment, or well-being of other travelers or
Virtue + Vice representatives and our suppliers, including, but not limited to,
behavior that is disruptive, verbally abusive,
physically abusive, obnoxious, harassing, discriminatory, or obscene; or has failed or refused, or
is failing or refusing, to follow Virtue + Vice’s rules and procedures. In the
event a traveler is removed, such traveler may be left at any city without any liability to Virtue + Vice or its representatives or suppliers. Virtue + Vice shall
not be required to refund any portion of the price paid by any traveler who is
removed under the terms of this paragraph, nor shall Virtue + Vice be
responsible for expenses for lodging, medical care, meals, transportation, or
any other expenses incurred by the traveler.
No Guarantees As To Results
or Experiences
You agree that Virtue + Vice has
not made any guarantees about the results of taking any action, whether recommended by us or not. Virtue + Vice provides educational and informational resources that are intended to help attendees
of this tour succeed. You nevertheless recognize that your ultimate success or
failure will be the result of your own efforts, your particular situation, and
innumerable other circumstances beyond the control and/or knowledge of Virtue +
Vice.
You also recognize that prior
results do not guarantee a similar outcome. Thus, the results obtained
by others – whether clients
of Virtue + Vice or otherwise – applying the principles set out in any advice
given by Virtue
+ Vice are no guarantee that you or any
other person or entity will be able to obtain similar results.
Use of Paid Courses, Programs and Associated Materials
Virtue + Vice from time-to-time provides
various courses, programs, and associated
material for sale in commerce. Virtue + Vice grants you a limited, personal,
non-exclusive, non- transferable license
to use our courses, programs, and associated
material for your own personal or internal business use while preparing for or
on the tour. Except as otherwise provided,
you acknowledge and agree that you have no right to modify, edit, copy, reproduce,
create derivative works of, reverse engineer, alter, enhance or in any way
exploit any material we share with you in any manner.
By attending the tour, you further
agree that you shall not create any derivative work based upon the any material we provide you with, and you shall
not offer any competing
products or services based upon any information we provide on this tour.
Entire Agreement & Severability. This
Agreement, including any other documents
we provide you in connection with your travel, including invoices,
constitutes the entire agreement and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, with
respect to Virtue + Vice. 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.
CONTACT US
You consent to receive electronic communications and you
agree that all documents, notices, disclosures, and other communications that we provide
to you electronically, via
email or through text, satisfy any legal requirement that such communications
be in writing.
Virtue + Vice Consulting, LLC welcomes your questions or
comments regarding your tour:
Virtue
+ Vice Consulting, LLC 61 Beverly
Dr.
Rye,
NY 10580
Email
Address: hello@virtue-vice.com
Photograph & Video Release Form
Virtue + Vice is a fashion startup
and supply chain needs consulting firm offering customized tours to our
clients. The terms "we", "us", "our", and “Virtue
+ Vice” refer to Virtue + Vice Consulting, LLC, a limited liability
company organized and existing under the laws of the State
of New York.
I hereby grant
permission to Virtue + Vice the rights of my image, likeness and sound of my
voice as recorded on audio or video tape without payment or any other
consideration. I understand that my image may be edited, copied, exhibited,
published or distributed and waive the right to inspect or approve the finished
product wherein my likeness appears. Additionally, I waive any right to
royalties or other compensation arising or related to the use of my image or
recording. I also understand that this material
may be used in marketing
and promotional efforts as well as diverse educational
settings within an unrestricted geographic area.
Photographic, audio or video recordings may be used for the following purposes:
• conference presentations
• educational presentations or courses
• informational presentations
• on-line educational courses
• educational videos
• promotional materials
and marketing efforts
I understand this permission signifies that photographic or video
recordings of me may be electronically displayed via the Internet or in the
public educational setting. There is no time limit on the validity
of this release
nor is there any geographic limitation on where these materials may be distributed. This
release applies to all photographic, audio or video recordings collected during
the course of the trip.
By signing this form I acknowledge that I have completely read and fully
understand the above release and agree to be bound thereby.
I hereby release
any and all claims against
any person or organization
utilizing this material for educational, promotional or marketing purposes.