Terms & Conditions
DESIGNED VACATIONS CUSTOMER AGREEMENT
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; (C) HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION THAT YOU REPRESENT, IF ANY, TO THESE TERMS AND CONDITIONS; AND (D) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
Applicability of Terms and Conditions.
These terms and conditions (these "Terms") shall apply to your purchase of products and related services through https://www.designedvacations.net the "Site"). These Terms are subject to change at any time without prior written notice by Designed Vacations, LLC (referred to herein as either “Company,” “Agency,” “we,” “us,” or “our”). These terms refer to the purchaser or member of a reservation booked through Agency as “You”, “Customer”, “Traveler”, and ““Your”.
The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
Payment Terms.
All applicable prices are set forth in your quoted rates. Unless specifically itemized on your travel documentations, rates do not include other travelers’ costs, fees, or tax related to airports, ports, stations, security, agriculture, customs, immigration, visas, passports, or any other government-imposed fees or taxes, without limitation; or meals, beverages, alcohol, minibars, entertainment, seat assignments, upgrades, excursions, hospitality, gratuities, copies, telecommunications, energy, laundry, cleaning, bedding, parking, valet, insurance, taxis, transfers, porterage, departures, travel segments, health, medical tests or treatment, vaccinations, pharmaceuticals, supplements, or any other charges of a personal nature, without limitation.
You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
Initial Planning Fee. To begin work, an initial planning fee is required. The initial planning fee is non-refundable and is separate from the cost of your trip. The costs associated with the initial planning fee are outlined below:
The planning fee includes a minimum of two (2) itinerary trip options specifically designed to fit the client’s budget and preference. Clients have 45 days to place a deposit on a booking from the date the first quote is delivered.
Bookings made after the 45-day mark will require payment of an additional planning fee.
Schedule of Initial Planning Fees
Schedule of Change/Cancellation Fees-
In addition to the initial planning fees, any request to modify or change scheduled airfare or bookings will result in the following fees. By accepting these terms and conditions, you hereby agree to the following change and/or cancellation fees:
Refunds.
Agency will not issue refunds to any cancelled, unused, or partially used travel services. Additionally, hotels and airlines may not permit changes or cancellation to scheduled reservations.
By accepting these terms, you hereby agree you are not entitled to a refund for any reason including reasons caused by activities or factors including without limitation, war, terrorism, pandemics, epidemics, fear of travel, acts of God, illness, injuries, accidents, floods, fires, local disease outbreaks, public health emergencies, strikes, lockouts, weather, unforeseen or foreseeable events, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
Force Majeure.
Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, terrorism, pandemics, epidemics, fear of travel, acts of God, illness, injuries, accidents, floods, fires, local disease outbreaks, public health emergencies, strikes, lockouts, weather, unforeseen or foreseeable events, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
Credit Card Charges.
Customer understands that he/she shall be liable for any and all charges placed on credit cards in the event such charges are declined or charged back for any reason, including any unauthorized or fraudulent use of credit cards.
Agency shall not be held liable for any losses or damages associated with the fraudulent use of credit card and client shall hold Agency harmless from any and all losses, damages, or claims of any kind.
Your signed credit card authorization is a binding agreement for charging your trip and/or components of your trip, and as such, you waive any right to a chargeback in the case of trip delays, changes, or cancellations for any cause (except fraud), and you agree to the refund policies and procedures as outlined in the terms and conditions by the supplier. In the event that you attempt (without our authorization) to chargeback or reverse a trip payment already made, we reserve the right to collect all additional costs, fees and expenses associated with such chargeback including, without limitation, and attorney fees.
Buyer’s R&Ws.
You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying the goods or services from the Site for solely your own use, and not for resale and/or export.
Privacy Policy and Website Terms of Use.
By providing your personal information, you consent to Agency providing its suppliers with your personal information. You understand that part of booking any travel services requires Agency to provide certain personal information to third parties to accommodate your travel request. Such information includes birth dates, passport numbers, travel dates, occupation, bank account and/or credit card information, address, and any other information needed to secure travel arrangements.
By accepting these terms, you hereby authorize and hold Agency harmless for distributing your personal information to third parties to properly secure travel arrangements. You hereby authorize Agency to keep your personal information for as long as needed to provide booking services, and for a reasonable period thereafter for Agency’s legal or professional purposes.
Air Travel.
Agency shall not be held liable for loss or damage to property or injury of person caused by reason of any defect, negligence, or other wrongful act or omission by any other transportation company, hotel agency or party providing such services or facilities, strike, war, weather, quarantine, sickness, government restrictions or regulations, or any other cause beyond its reasonable control.
Agency is not liable for any claim arising out of or in connection with carriage or other services or features otherwise performed or occurring in connection with this package. Once airline flight has been booked and ticketed with an airline, tickets are non-refundable and non-transferable.
Customers are subject to all airline carriers’ rules. For specific details, visit the carrier’s website. Flight details, including arrival and departure times, are subject to change. It is the Customer’s responsibility to check-in for their flight 24-hours in advanced of their departure. It is the Customer’s responsibility to monitor their flight time. Agency recommends Customer arrives two hours early for domestic flights, and three hours early for international.
Customer is responsible for having knowledge of all travel requirements and laws. Customer agrees to read travel documentation carefully for arrival and departure information, including terminal information, check-in locations, and flight times as this information is out of control of Agency and subject to change.
Customer must and agrees to comply with all local and federal laws. Agency hereby directs Customer to http://www.faa.gov for more information regarding federal aviation standards. Customer agrees to hold Agency harmless from any foreseeable or unforeseeable damages caused by any airline or hotel partner.
Traveler Identification and Proof of Citizenship requirements. The Transportation Security Administration requires all passengers to provide:
Travel Insurance.
Agency strongly recommends that each traveler purchases comprehensive travel insurance. Customer acknowledges that the failure to purchase such insurance may result in risk of personal or financial loss and hereby agrees to release and hold Agency harmless from all foreseeable and unforeseeable claims.
Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.
Agency.
Agency makes no repesentations or warranties, express or implied, including, to the extent permitted by law, any implied warranty of merchantability or fitness for a particular purpose. Agency does not warrant that your trip will meet specific requirements or standards. Customer hereby acknowledges and agrees that Agency shall only be liable if Customer can prove beyond reasonable doubt that Agency acted grossly negligent.
Liability.
Agency acts as an agent of supplies and has no control over supplier activity, traveler activities, or activities of any third party. Traveler agrees, therefore, that agency has no liability for any direct, indirect, invidental, consequential, special, punitive, treble, or special damages, whether based on contract, tort, or strict liability, or otherwise including without limitation any liability for property damage, personal harm, physical injury or death relating to:
Customer hereby exonerates and holds Agency harmless from all liability as set out above.
Liability Cap.
UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
Indemnification.
Each party agrees to indemnify and hold the other party along with the Indemnified Party's affiliates, officers, directors, employees, subsidiaries, parent, agents, and permitted assigns, harmless from and against any and all third party claims, losses, liabilities, damages, expenses, and costs, including reasonable outside attorneys' fees and court costs, to the extent arising out of the Indemnifying Party's: (i) negligence or willful misconduct; or (ii) material breach of any of the terms of this Agreement (including without limitation the representations & warranties contained herein). The Indemnified Party shall provide the Indemnifying Party with prompt written notice of any claim and give complete control of the defense and settlement to the Indemnifying Party, and shall reasonably cooperate with the Indemnifying Party, its insurance company, and its legal counsel in its defense of such claim(s), at the Indemnifying Party's expense. This indemnity shall not cover any claims in which there is a failure to give the Indemnifying Party prompt notice, to the extent such lack of notice prejudices the defense of the claim. The Indemnifying Party may not settle any potential suit hereunder without the Indemnified Party's prior written approval (not to be unreasonably withheld, conditioned or delayed).
Assignment.
Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
Partial Invalidity.
In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Governing Law/Binding Arbitration.
Governing Law. These Terms shall be governed by the laws of the State of Michigan without regard to its conflict of laws principles.
Binding Arbitration. Subject to subsection below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one or three arbitrators sitting in Michigan, county of Macomb. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Michigan. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its own costs, as well as your reasonable outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 10 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email, at: info@designedvacations.net or (ii) personal delivery, overnight courier, or registered or certified mail to: [Designed Vacations – 18840 Rockwell St. Macomb, MI 48042].
Entire Agreement. These Terms, along with the travel documents provided by Agency and our Site’s ‘Terms of Use’ and ‘Privacy Policy, shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.
Seller Credentials
Designed Vacations is an Independent Affiliate of KHM Travel Group. California Seller of Travel Registration # 2089491-50. Registration as a seller of travel in California does not constitute the state's approval. Agent is not a participant in the Travel Consumer Restitution Fund. Florida Seller of Travel Registration # ST37113. Hawaii Seller of Travel License # TAR 7231. Washington Seller of Travel UBI # 602 775122.
DESIGNED VACATIONS CUSTOMER AGREEMENT
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; (C) HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION THAT YOU REPRESENT, IF ANY, TO THESE TERMS AND CONDITIONS; AND (D) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
Applicability of Terms and Conditions.
These terms and conditions (these "Terms") shall apply to your purchase of products and related services through https://www.designedvacations.net the "Site"). These Terms are subject to change at any time without prior written notice by Designed Vacations, LLC (referred to herein as either “Company,” “Agency,” “we,” “us,” or “our”). These terms refer to the purchaser or member of a reservation booked through Agency as “You”, “Customer”, “Traveler”, and ““Your”.
The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
Payment Terms.
All applicable prices are set forth in your quoted rates. Unless specifically itemized on your travel documentations, rates do not include other travelers’ costs, fees, or tax related to airports, ports, stations, security, agriculture, customs, immigration, visas, passports, or any other government-imposed fees or taxes, without limitation; or meals, beverages, alcohol, minibars, entertainment, seat assignments, upgrades, excursions, hospitality, gratuities, copies, telecommunications, energy, laundry, cleaning, bedding, parking, valet, insurance, taxis, transfers, porterage, departures, travel segments, health, medical tests or treatment, vaccinations, pharmaceuticals, supplements, or any other charges of a personal nature, without limitation.
You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
Initial Planning Fee. To begin work, an initial planning fee is required. The initial planning fee is non-refundable and is separate from the cost of your trip. The costs associated with the initial planning fee are outlined below:
The planning fee includes a minimum of two (2) itinerary trip options specifically designed to fit the client’s budget and preference. Clients have 45 days to place a deposit on a booking from the date the first quote is delivered.
Bookings made after the 45-day mark will require payment of an additional planning fee.
Schedule of Initial Planning Fees
- Initial Phone Consultation: Free
- Cruise or All-Inclusive Package Planning Fee: $150/per room
- Fully Independent Travel (FIT) Planning Fee: starting at $300/per booking
- Alaska or Hawaii Planning Fee: starting at $250/per booking
- Group Planning Fee (10 or More People): $100/per room
- Domestic Air Ticketing Fee: $75/per person
- International Air Ticketing Fee: $150/per person
Schedule of Change/Cancellation Fees-
In addition to the initial planning fees, any request to modify or change scheduled airfare or bookings will result in the following fees. By accepting these terms and conditions, you hereby agree to the following change and/or cancellation fees:
- Airfare Change Fee: $50/per ticket
- Change Fee: $50/per booking
- Cancellation Fee: $150/per booking
Refunds.
Agency will not issue refunds to any cancelled, unused, or partially used travel services. Additionally, hotels and airlines may not permit changes or cancellation to scheduled reservations.
By accepting these terms, you hereby agree you are not entitled to a refund for any reason including reasons caused by activities or factors including without limitation, war, terrorism, pandemics, epidemics, fear of travel, acts of God, illness, injuries, accidents, floods, fires, local disease outbreaks, public health emergencies, strikes, lockouts, weather, unforeseen or foreseeable events, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
Force Majeure.
Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, terrorism, pandemics, epidemics, fear of travel, acts of God, illness, injuries, accidents, floods, fires, local disease outbreaks, public health emergencies, strikes, lockouts, weather, unforeseen or foreseeable events, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
Credit Card Charges.
Customer understands that he/she shall be liable for any and all charges placed on credit cards in the event such charges are declined or charged back for any reason, including any unauthorized or fraudulent use of credit cards.
Agency shall not be held liable for any losses or damages associated with the fraudulent use of credit card and client shall hold Agency harmless from any and all losses, damages, or claims of any kind.
Your signed credit card authorization is a binding agreement for charging your trip and/or components of your trip, and as such, you waive any right to a chargeback in the case of trip delays, changes, or cancellations for any cause (except fraud), and you agree to the refund policies and procedures as outlined in the terms and conditions by the supplier. In the event that you attempt (without our authorization) to chargeback or reverse a trip payment already made, we reserve the right to collect all additional costs, fees and expenses associated with such chargeback including, without limitation, and attorney fees.
Buyer’s R&Ws.
You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying the goods or services from the Site for solely your own use, and not for resale and/or export.
Privacy Policy and Website Terms of Use.
By providing your personal information, you consent to Agency providing its suppliers with your personal information. You understand that part of booking any travel services requires Agency to provide certain personal information to third parties to accommodate your travel request. Such information includes birth dates, passport numbers, travel dates, occupation, bank account and/or credit card information, address, and any other information needed to secure travel arrangements.
By accepting these terms, you hereby authorize and hold Agency harmless for distributing your personal information to third parties to properly secure travel arrangements. You hereby authorize Agency to keep your personal information for as long as needed to provide booking services, and for a reasonable period thereafter for Agency’s legal or professional purposes.
Air Travel.
Agency shall not be held liable for loss or damage to property or injury of person caused by reason of any defect, negligence, or other wrongful act or omission by any other transportation company, hotel agency or party providing such services or facilities, strike, war, weather, quarantine, sickness, government restrictions or regulations, or any other cause beyond its reasonable control.
Agency is not liable for any claim arising out of or in connection with carriage or other services or features otherwise performed or occurring in connection with this package. Once airline flight has been booked and ticketed with an airline, tickets are non-refundable and non-transferable.
Customers are subject to all airline carriers’ rules. For specific details, visit the carrier’s website. Flight details, including arrival and departure times, are subject to change. It is the Customer’s responsibility to check-in for their flight 24-hours in advanced of their departure. It is the Customer’s responsibility to monitor their flight time. Agency recommends Customer arrives two hours early for domestic flights, and three hours early for international.
Customer is responsible for having knowledge of all travel requirements and laws. Customer agrees to read travel documentation carefully for arrival and departure information, including terminal information, check-in locations, and flight times as this information is out of control of Agency and subject to change.
Customer must and agrees to comply with all local and federal laws. Agency hereby directs Customer to http://www.faa.gov for more information regarding federal aviation standards. Customer agrees to hold Agency harmless from any foreseeable or unforeseeable damages caused by any airline or hotel partner.
Traveler Identification and Proof of Citizenship requirements. The Transportation Security Administration requires all passengers to provide:
- Date of Birth
- Full name as it appears on government-issued identification
- Gener
- Redress Number
- Secure Flight Passenger Data
Agency strongly recommends that each traveler purchases comprehensive travel insurance. Customer acknowledges that the failure to purchase such insurance may result in risk of personal or financial loss and hereby agrees to release and hold Agency harmless from all foreseeable and unforeseeable claims.
Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.
Agency.
Agency makes no repesentations or warranties, express or implied, including, to the extent permitted by law, any implied warranty of merchantability or fitness for a particular purpose. Agency does not warrant that your trip will meet specific requirements or standards. Customer hereby acknowledges and agrees that Agency shall only be liable if Customer can prove beyond reasonable doubt that Agency acted grossly negligent.
Liability.
Agency acts as an agent of supplies and has no control over supplier activity, traveler activities, or activities of any third party. Traveler agrees, therefore, that agency has no liability for any direct, indirect, invidental, consequential, special, punitive, treble, or special damages, whether based on contract, tort, or strict liability, or otherwise including without limitation any liability for property damage, personal harm, physical injury or death relating to:
- Any act, error, or omission of any supplier or its owners, employees, contractors, agents, or representatives, negligent or otherwise, regarding travel services, delivery or failure to deliver travel services in whole or part, cancellations, bankruptcy or cessation of operations, or any other matters relating to travel services; or
- Any act, error, or omission of traveler, negligent or otherwise; or
- Any act, error, or omission of any third party, negligent or otherwise.
Liability Cap.
UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
Indemnification.
Each party agrees to indemnify and hold the other party along with the Indemnified Party's affiliates, officers, directors, employees, subsidiaries, parent, agents, and permitted assigns, harmless from and against any and all third party claims, losses, liabilities, damages, expenses, and costs, including reasonable outside attorneys' fees and court costs, to the extent arising out of the Indemnifying Party's: (i) negligence or willful misconduct; or (ii) material breach of any of the terms of this Agreement (including without limitation the representations & warranties contained herein). The Indemnified Party shall provide the Indemnifying Party with prompt written notice of any claim and give complete control of the defense and settlement to the Indemnifying Party, and shall reasonably cooperate with the Indemnifying Party, its insurance company, and its legal counsel in its defense of such claim(s), at the Indemnifying Party's expense. This indemnity shall not cover any claims in which there is a failure to give the Indemnifying Party prompt notice, to the extent such lack of notice prejudices the defense of the claim. The Indemnifying Party may not settle any potential suit hereunder without the Indemnified Party's prior written approval (not to be unreasonably withheld, conditioned or delayed).
Assignment.
Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
Partial Invalidity.
In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Governing Law/Binding Arbitration.
Governing Law. These Terms shall be governed by the laws of the State of Michigan without regard to its conflict of laws principles.
Binding Arbitration. Subject to subsection below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one or three arbitrators sitting in Michigan, county of Macomb. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Michigan. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its own costs, as well as your reasonable outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 10 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email, at: info@designedvacations.net or (ii) personal delivery, overnight courier, or registered or certified mail to: [Designed Vacations – 18840 Rockwell St. Macomb, MI 48042].
Entire Agreement. These Terms, along with the travel documents provided by Agency and our Site’s ‘Terms of Use’ and ‘Privacy Policy, shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.
Seller Credentials
Designed Vacations is an Independent Affiliate of KHM Travel Group. California Seller of Travel Registration # 2089491-50. Registration as a seller of travel in California does not constitute the state's approval. Agent is not a participant in the Travel Consumer Restitution Fund. Florida Seller of Travel Registration # ST37113. Hawaii Seller of Travel License # TAR 7231. Washington Seller of Travel UBI # 602 775122.
