TERMS AND CONDITIONS OF SERVICE
Elite Orlando VIP Tours, LLC, a Florida limited liability company with its primary place
of business at 12817 Lower River Blvd., Orlando, Florida, 32828 (“we,” “us,” or the “Company”) are
pleased to offer our services to you (the “Services”). These are the terms under which we offer our
Services.
By registering and paying your deposit for our Services, you are entering into this Agreement with
us. Please read these terms carefully before making a deposit or payment. These terms may be
supplemented by additional terms and conditions specific to your Services (“Supplemental Terms”).
In the event of a conflict between this agreement and the supplemental terms, the Supplemental
Terms will apply.
The Services are governed by these Terms and Conditions (this “Agreement”). This Agreement is
written in the English language. We do not guarantee the accuracy of any translated versions of this
Agreement. To the extent any translated versions of this Agreement conflict with the English
language version, the English language version of this Agreement shall control.
We act only as an intermediary for the Services and are not responsible for the acts or omissions of
other parties. The Services are provided by independent tour operators, who do not serve as our
employees. You are solely responsible for complying with passport and visa requirements associated
with any travel arrangements, and your use of the Services.
Pricing and Inclusions
Quoted prices are per guide, and do not include the cost associated with any expenses or costs
associated with the Services, except where indicated. Prices are based on current rates of exchange,
tariffs and taxes in effect at the time of publication. We reserve the right to increase prices to cover
increased costs, tariffs, taxes and V.A.T. received after prices are published and to reflect
fluctuations in foreign exchange markets.
Reservations and Payments
A deposit is required from you in order to confirm your booking. Upon receipt of the deposit, you will
receive a confirmation of your booking. Your final payment date will be listed on the confirmation.
All deposits are non-refundable. You further agree to provide us with payment information as
directed by us, and that we may charge your credit card or other payment source for any actual
out-of-pocket expenses incurred by you associated with the Services, as well as all fees and costs that
you may owe for the Services.
Acceptance of Terms
By agreeing to use the Services, and submitting data or information to us, you agree to the terms of
this Agreement and to any follow additional rules and guidelines that we provide. We may make
changes to this Agreement from time to time; we may notify you of such changes by any reasonable
means. We may, at any time, modify or discontinue all or part of the Services; refuse to provide any
person with access to the Services; charge, modify, or waive fees associated with the Services.
Age and Ability to Enter Into This Agreement
By using the Services, you affirm that you are of legal age to enter into this Agreement. You further
affirm you are over the age of eighteen (18), and if you are under the age of eighteen(18) you are not
permitted to use the Services. We do not contractor with or collect personal information from
children under the age of eighteen (18).
Rules of Conduct
While using the Services you must comply with all applicable laws, rules, and regulations. In
addition, we expect users of the Services to respect the rights and dignity of others.
Limitations of Liability and Disclaimers
THE SERVICES, AS WELL AS ANY INFORMATION, GOODS, AND MATERIALS MADE
AVAILABLE THROUGH US ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS
REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY
OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH
RESPECT TO THE SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE
TO YOU, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY
QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT
ANY INFORMATION PROVIDED TO YOU WILL BE ACCURATE, COMPLETE, OR
ERROR-FREE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS
ASSOCIATED WITH, THE USE OF THE SERVICES, INCLUDING ANY RELIANCE ON THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS
MADE AVAILABLE THROUGH US.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE
SERVICES, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA,
LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE
PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED
INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN
ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR
DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES OR FROM ANY
INFORMATION OR MATERIALS PROVIDED IN CONJUNCTION WITH THE SERVICES. YOUR
SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP
USING THE SERVICES. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY,
PAID BY YOU TO US FOR THE SERVICES.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN
IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES;
SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR
EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY
CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH
PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH
PROHIBITION UNDER SUCH APPLICABLE LAW.
Indemnity
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us or
our affiliates harmless from and against all claims, losses, costs, and expenses (including attorneys’
fees) arising out of (a) your use of, or activities in connection with, the Services or (b) any violation of
the terms of this Agreement by you.
Termination
We may, at any time and for any reason, terminate your access to or use of the Services, and you will
not have the right to bring claims against us or our affiliates with respect to such termination.
Governing Law; Dispute Resolution
We are based in Orlando, Florida. The Services are provided in the United States, and we do not
intend to be subject to the jurisdiction or laws of any country or sovereign entity other than the
United States, except as otherwise expressly stated in this Agreement. You hereby agree that this
Agreement (and any claim or dispute arising in connection with this Agreement or your use of the
Services) is governed by and shall be construed in accordance with the laws of the State of Florida,
within the United States of America, without regard to its principles of conflicts of law, and you
consent to the exclusive jurisdiction of the federal and state courts located in Orange County,
Florida, and waive any jurisdictional, venue, or inconvenient forum objections thereto.
Miscellaneous
We may freely assign our rights and obligations under this Agreement. No waiver by either party of
any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent
breach or default. This Agreement is the entire Agreement between you and us relating to the
subject matter herein and supersedes any and all prior or contemporaneous written or oral
agreements or understandings between you and us relating to the specific subject matter of this
Agreement. Notices to you may be made by email, or by regular mail, in our discretion. We may also
provide notice of changes to this Agreement or other matters by displaying such notices or by
providing links to such notices.