Terms and Conditions

Terms and Conditions · Evyssa Vacations

GENERAL TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) between Global Voyages Inc. dba Evyssa Vacations (“Agency”) and you (including all Travelers on the same booking who share the same household) (“you,” “your,” “yourself” or “Traveler”) becomes effective upon your: (1) electronic or written signature; or (2) payment authorization until terminated in writing by you or Agency. These Terms are subject to change at any time, without prior written notice.

DEFINITIONS

“Agency” means Global Voyages Inc. dba Evyssa Vacations.

“Booking Services” means travel reservation and booking services for Travel Services, which Agency provides to you under these Terms.

“Lead Traveler” means you, acting on behalf of all Travelers on the same booking who share the same household under these Terms.

“Supplier” means any party who provides Travel Services to any Traveler.

“Terms” means these Terms and Conditions.

“Traveler” means you and all Travelers on the same booking who share the same household under these Terms.

“Travel Services” means travel products and services provided to you by Suppliers, including hotel accommodations, air transportation, cruises, car rentals, tours, activities, and similar products and services involving any type of leisure, business, or other travel under these Terms.

TRAVELERS

• By your signature or payment authorization, you agree to these Terms, including without limitation all cancellation policies, on behalf of yourself and each Traveler on the same booking who share the same household with you.

• You are the Lead Traveler—you represent all Travelers on the same booking who share the same household with you.

• By your signature or payment authorization, you confirm to Agency that you have:

Shared these Terms with all Travelers; and

Obtained written confirmation that each Traveler has agreed to these Terms, which confirmations you will promptly deliver to Agency.

• You are responsible for booking, confirming, and paying for all reservations sufficiently prior to travel dates to ensure availability, avoid late-booking fees, and avoid fare increases.

• You acknowledge the text of these Terms is conspicuous.

• You are responsible for understanding these Terms—please read them carefully before accepting Booking Services or Travel Services.

• If you do not understand any part of these Terms, please contact Agency in writing to request clarification.

AGENCY

• Agency is a travel agent who provides Booking Services (not Travel Services) to you.

• Agency reserves the right at any time to correct errors or omissions regarding pricing or any other matters regarding your travel booking.

SUPPLIERS

• Suppliers are independent companies who provide Travel Services to you.

• Suppliers operate under their own terms, conditions, and management.

• Your travel documentation identifies each Supplier responsible for providing your Travel Services.

• By paying for Travel Services, you consent to the use of those Suppliers.

• All documentation, receipts, confirmations, and tickets issued are subject to the terms and conditions specified by each Supplier.

• Please read Supplier terms and conditions carefully—you are responsible for understanding and complying with terms imposed by any Supplier with which you elect to deal, including without limitation payment of all amounts when due and compliance with Supplier’s rules and restrictions regarding availability and use of Travel Services.

• You understand that any violation of Suppliers’ terms may result in denied access to Travel Services, cancellation of reservations, and forfeiture of any monies paid. If any such violation results in fees or penalties to Agency, you agree to cover all such actual costs.

• Suppliers may require you to sign a liability waiver prior to participating in their Travel Services.

• Suppliers are not subject to Agency’s control—they are not employees, agents, representatives, or affiliates of Agency.

• Agency is not responsible for any Supplier’s breach of contract, failure to comply with any laws, or wilful or negligent acts, errors, or omissions, which may result in delays, inconvenience, costs, loss, damage, injury, or death to Travelers or Travelers’ companions.

• If a Supplier declares bankruptcy, it is not obligated to transport you or to provide refunds. It might continue to provide some or all Travel Services, or it may stop operations completely.

• Other Suppliers may, but are not required to, provide alternative Travel Services.

• Payments to Agency immediately become the property of Suppliers, as required by law.

• Agency is not permitted to provide refunds for Suppliers who have declared bankruptcy.

• Agency has no special knowledge about the financial condition of Suppliers.

• Agency has no liability for recommending a trip credit or a refund.

• All Supplier promotions, incentives, and offers are subject to Supplier availability, which may change at any time without notice.

RATES & INCLUSIONS

• Quoted rates are based on the precise inclusions Agency provides to you in writing.

• Unless specifically itemized on your travel documentation, rates do not include other Travelers’ costs, fees, or taxes 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.

PERSONAL INFORMATION

• You consent to Agency and Supplier use of your personal information.

• You understand that, as part of booking any Travel Services, certain personal information may be conveyed to third parties to accommodate your travel.

• Such information includes birth dates, passport numbers, travel dates, occupation, frequent flyer information, bank accounts, credit cards, and other information needed to secure travel arrangements.

• Agency has no liability regarding the distribution of your information to any Supplier or any Supplier’s failure to protect your personal information.

• You 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 business purposes.

RESERVATIONS & PAYMENT

• You authorize Agency to charge your credit card, debit card, or other means of payment for all charges associated with your travel booking.

• Traveler payments to Agency in currency other than U.S. Dollars (USD) will be converted at then-current exchange rates.

• Agency payments to Suppliers will be converted at then-current exchange rates between USD and the currency in Supplier’s country.

• All Supplier prices are subject to change, including changes based on currency exchange-rate fluctuations.

• Agency has no responsibility for Supplier price changes, currency fluctuations, or surcharges or fees relating to foreign-currency transactions.

• A purchase of Travel Services is not complete until all deposits and other amounts due have been paid and processed and you receive a written booking confirmation.

• If you do not make payments by their due date, Suppliers may cancel your booking in whole or part, which may result in deposits or previous payments becoming NON-REFUNDABLE.

• You are responsible for Supplier price increases, fees, or penalties incurred as a result of your late payment. Agency has no responsibility for such price increases, fees, or penalties.

• Agency reserves the right to cancel your booking if Agency does not receive full payment for Booking Services or Travel Services within a reasonable time, in Agency’s sole discretion.

• If rebooking is requested, Agency will assist with obtaining any refunds due to rebooking trips (e.g., using future cruise credits), but Agency may, in its sole discretion, charge a NON-REFUNDABLE FEE for that Booking Service.

CHANGES & CANCELLATIONS

• You agree to comply with the terms and conditions of Suppliers regarding your Travel Services, and changes thereto, and you agree to pay any applicable change or cancellation fees.

• If you change or cancel a reservation or booking, you may be subject to:

  • Agency fees of USD 100/ticket on Airplane Tickets
  • Agency fees of USD 250/person on Custom Vacation Package
  • Agency fees of USD 250/reservation on Cruises, River Cruises, All-Inclusive Beach Vacations
  • Agency fees of USD 100/change request on all confirmed and deposited travel arrangements; AND
  • Supplier fees, charges, or penalties

• NO REFUNDS will apply to any canceled, unused, or partially used Travel Service.

• No Refunds will apply to Itinerary Research and Design Fees or Trip Planning Retainers

• Hotels may not permit changes to or cancellation of reservations, subject to the terms and conditions of the hotel reservation.

NO SHOWS

• Failure to travel or show up for any reservation or booking is considered a “no show.”

• No-show penalties will equal amounts up to the entire cost of travel, subject to terms and conditions of Supplier and Agency policies.

REFUNDS, CHARGEBACKS, AND ADJUSTMENTS

• You will deliver to Agency in writing any claim for refund or adjustment.

• Full details and proof of payment documentation must accompany all claims.

• You may not be entitled to a refund if you change or cancel your travel plans after: (1) a confirmation of the booking; or (2) payment for a booking.

• Refunds are subject to Supplier terms and conditions.

• Suppliers may not issue refunds for cancellation due to actual, threatened, or fear of potential terrorist events, political unrest, pandemic or health concerns, or similar circumstances. Please carefully review Supplier terms and conditions.

• You waive any right to a chargeback in case of cancellation (except for fraud), including any force majeure event (as described below).

• If you attempt a chargeback, reverse charge, or recollection of a payment already made without Agency’s authorization, Agency reserves the right to charge you additional costs, fees, and expenses associated with such chargeback, reverse charge, or recollection, including without limitation attorney’s fees and legal costs.

ACCOMMODATIONS

• Hotel accommodation is subject to availability at the time of reservation.

• Some hotels require NON-REFUNDABLE and NON-TRANSFERABLE deposits to guarantee a booking. In such cases, Agency will notify you regarding the NON-REFUNDABLE pre-payment for that portion of your travel.

• Amenities such as air conditioning, elevators, bed size, and similar preferences are not guaranteed at all properties. In addition, even if a property has amenities such as air conditioning, elevators, restaurants, bars, fitness facilities, or pools, such amenities are not guaranteed to be operational or available during your stay.

• Reimbursement for lack of amenities is solely the responsibility of the hotel.

• Agency may elect to act as an intermediary, but it is not responsible for such reimbursement under any circumstances.

AIR TRAVEL

• Most airlines consider a name-change to be a cancellation.

• Name corrections if allowed may be subject to fees and limited to 2-3 characters.

• You are responsible for excess baggage fees. Travelers are responsible to confirm airline baggage allowances for all flights.

• International flights may have different requirements than domestic flights.

• Tickets of any kind are payable in full at the time of booking.

• Airline tickets, once purchased, may be NON-REFUNDABLE and NON-EXCHANGEABLE, subject to Supplier terms and conditions.

• Agency is not responsible for any loss, injury, accident, error, or omission that may occur, including without limitation schedule changes, additional expenses, delays, and cancellations due to weather conditions, equipment failure or repair, or other matters beyond Agency’s control.

• You agree to comply with safety guidelines of all airlines and hold Agency harmless from any liability due to airline restrictions.

• Airline pre-arranged seat assignments, baggage, carry-ons, meals, drinks, and other services may be subject to additional fees.

• Agency cannot guarantee seats in specific locations or next to each other. Seat assignments are strictly based on availability at the time seats are being selected and paid for.

• Airlines retain the right to change aircraft and seat assignments at any time.

• Agency is not responsible for any changes made by airlines or any additional charges imposed by airlines for any changes to seat assignments after selection and payment.

TRAVEL INSURANCE

• Agency strongly recommends that each Traveler purchases comprehensive travel insurance.

• If you decline to purchase travel insurance that includes coverage for emergency and medical needs while traveling and coverage for travel delays, you assume all personal risk and financial loss if you cancel your travel or incur costs or losses during the course of travel.

• You understand that concerns or fear of pandemics or epidemics are not a covered reason under some travel insurance policies.

• Insurance policies may exclude coverage for pandemics and epidemics.

• Insurance claims will only be paid for covered matters, as stated in the insurance policy.

• You hold Agency harmless for your election not to purchase travel insurance and for any denial of any claim by any insurer for any reason.

TRAVELER CONDUCT

• You are responsible for any damage or loss caused by any Traveler acts, errors, or omissions.

• You are responsible for full payment for any such damage or loss directly to Supplier or provider of any Travel Services or goods or services relating thereto.

• You indemnify Agency for all amounts of any claim made against Agency, including without limitation attorney’s fees and other legal costs, relating to Traveler acts, errors, or omissions.

• Agency is not responsible for any costs relating to Traveler conduct, Traveler removal from any Travel Services, in whole or part, based on Traveler’s negligence, willful misconduct, or otherwise.

• You agree not to hold Agency, its owners, employees, agents, or representatives accountable for any claims arising from Traveler acts, errors, or omissions.

• Any Authorized Party (defined below) may, in its sole discretion, refuse you any Travel Service, require you to leave any Travel Service, or require you to disembark any mode of transportation if the Authorized Party reasonably believes:

  • You are a danger to yourself or any other participant;
  • You have engaged in, are engaged in, or are threatening to engage in behavior that is socially disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, obscene, or any other behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of any other participant, any Authorized Party, or any third party; or
  • You do not follow any rule, procedure, or instruction of an Authorized Party.

• If you are subject to any determination of an Authorized Party described above:

  • You may be left at any location, city, port, or place any mode of transport stops;
  • You will be solely responsible for all costs relating to your subsequent subsistence, accommodation, or transportation;
  • You will forego any right to any refund, in whole or part, of any fees paid by you for any Travel Services; and
  • No Authorized Party will have any direct or indirect liability of any kind relating to Traveler’s acts, errors, or omissions.

• “Authorized Party” means any Supplier or any of its agents, representatives, or sub-suppliers of Travel Services or goods or services related thereto, including without limitation any ship operator, ship captain, tour operator, tour director, group leader, or crew member.

• You are solely responsible at all times for your baggage and personal items, including items acquired during your travel.

DISABILITIES & SPECIAL NEEDS

• If you have disabilities or special needs that may require non-emergency special services, additional support, or disability accommodations, please advise Agency in advance of booking.

• If you are unable to use your own wheelchairs, mobility devices, or other medical equipment or devices, rentals may be available, potentially subject to additional charges.

• Airlines and other Suppliers may impose charges for additional baggage and may have size restrictions for wheelchairs they can accommodate.

• If you travel with a service animal or emotional support animal, Suppliers may require advance arrangements and documentation regarding the animal’s health, training, and related factors.

• Countries outside the United States and Canada often apply different laws, rules, regulations, standards, and accommodations for persons with disabilities or special needs.

• Travel destinations may have limited medical facilities, limited availability of prescription medications, and limited means to accommodate your disability or special needs.

• Please consult your health provider prior to planning or booking your travel.

• Agency will make all reasonable efforts to request assistance or arrange for appropriate services or equipment regarding Traveler disabilities or special needs. However, Agency is not responsible for the failure of Suppliers to meet Traveler needs and expectations.

FOOD ALLERGIES

• If you have food allergies or any similar conditions that may cause you harm during your travel (“Food Allergies”), please advise Agency in advance of booking.

• If any Traveler has Food Allergies, each such Traveler:

  • Acknowledges the possibility of an elevated risk of reactions, delays, or disruption regarding your travel; and
  • Has sole responsibility for his or her Food Allergies and for performing all due diligence relating to such Food Allergies prior to, during, and following your travel.

• You will not pursue credit card “charge backs” relating to Food Allergies.

TRAVELER IDENTIFICATION & PROOF OF CITIZENSHIP

• The Transportation Security Administration (TSA) requires all airline passengers to provide:

  • Secure Flight Passenger Data (SFPD);
  • Full name as it appears on government-issued identification;
  • Date of birth;
  • Gender; and
  • Redress number (if available).

• The name of Travelers on all reservations and travel documents must match the name as it appears on that Traveler’s government-issued identification.

• Traveler is responsible for any fees and expenses that may be incurred due to an incorrect name or the denial of travel resulting from incorrect or non-matching information.

• Updated information regarding security measures and requirements for air travel are available at www.tsa.gov. Agency highly recommends that Travelers check this website well before travel.

• All U.S. citizens traveling to or from any international destination must have a valid passport, which must be valid for at least six months beyond Traveler’s date of return.

• Travelers are responsible to confirm and obtain in advance travel documentation required by any Supplier, including without limitation requirements based on Traveler status, country of origin, destination country, and stops in any other countries.

• Travelers are responsible to confirm and comply with up-to-date entry and exit requirements of any jurisdiction relating to Travel Services.

• Minor Travelers (age 17 and under) traveling without an adult, with a single parent, or with a non-parent adult may be required to have additional documentation, as required by domestic or international airline Suppliers.

• NO REFUND will be issued for any costs or losses incurred as a result of Traveler’s failure to obtain or provide travel documentation required by any Supplier.

PASSPORTS, VISAS, AND DRIVER’S LICENSES

• You are responsible to be familiar with the laws and rules governing any travel to any country.

• You are responsible to determine the documents needed, to acquire such documentation, and to ensure your passport is up to date and valid to enter or exit any country.

• Agency may be able to assist you in acquiring the necessary travel documents upon your request.

• However, Agency is not responsible or liable for your failure to hold visas or documentation or to determine the validity of your passport or any other travel document to enter or exit any country.

A valid passport book is required to travel outside of the US. Many destinations require your passport to be valid for at least 6 months beyond your intended travel dates. If your passport expires earlier than that, you may be declined boarding/entry – in which case refunds are not permitted. If your trip requires a visa for entry, we recommend working with CIBT visa services. You can access their information online on https://www.myglobalvoyages.com/travel-visa or by phone, by calling 1-800-929-2428 and referencing account # 104531, which entitles you for a discount.

ENTRY REFUSAL

• Countries may restrict entry for persons with criminal records.

• You are responsible for understanding all destination entry laws and for knowing if you or anyone in your party has a criminal record.

• Agency does not inquire into Traveler criminal records in the interests of privacy.

• Refusal of entry will not be a justification for cancellation of Travel Services, chargeback, or refund.

PANDEMICS, EPIDEMICS, AND TRAVEL ADVISORIES

• You are solely responsible for being aware of any restrictions related to pandemics, epidemics, and other travel advisories.

• You warrant that you have reviewed and understand all U.S. Center for Disease Control (CDC) and U.S. Department of State travel advisories, notices, warnings, restrictions, and rules, including those regarding pandemics, epidemics, COVID-19, and other health threats.

• You are aware that certain countries, including the United States, may require testing and quarantine upon entering the country, as well as testing and quarantine upon returning to the United States or your country of residence.

• You understand destination countries may have limited availability of tests required for return to the United States.

• Screening procedures and restrictions may take place at airports and in public areas.

• Restrictions may include mandatory face coverings and/or temperature checks in airports, hotels, cruise ships, trains, or other means of transport.

• You are aware that immigration restrictions may be put in place before or during travel that could impede your ability to enter or exit your destination as planned.

• Travelers, including U.S. Citizens, agree to refer to current CDC guidelines, country-specific guidelines, and Supplier requirements regarding health and medical testing and documentation requirements.

• If you fail to comply with current regulations or provide any required testing results or documentation, you may be denied boarding, entry, or return to the United States or your country of residence.

• You are responsible for continually checking the latest CDC and State Department travel advisories, which can be navigated via the following links:

• CDC and other governmental notices and policies may change before your travel, during your travel, and after you return from travel.

• Neither Agency nor Suppliers are responsible for Traveler testing or documentation.

• You understand the inherent risks of choosing to travel.

• You accept the risks set out above and hold Agency harmless against any travel restrictions, death, illness, cancellations by Suppliers, financial loss, quarantining rules, or measures put in place at airports or destinations you travel through.

• You hold Agency harmless for any financial penalties or fees imposed by Suppliers for cancellations or postponements relating to COVID-19, pandemics, epidemics, natural disasters, accidents, or disturbances, or any similar events.

• You agree not to pursue any credit card charge-back, reimbursement, or legal action against Agency regarding such penalties or fees.

RESTRICTED PRODUCTS & MATERIALS

• You are responsible for knowledge, comprehension, and compliance with applicable laws in each jurisdiction in which you travel regarding restricted products and other materials, including without limitation laws regarding the possession or use of animals and animal products; plants, fruits, vegetables; soil; cultural artifacts; alcohol; firearms and ammunition; knives and cutting instruments; weapons; explosives; and any other restricted or illegal products or materials.

• You are responsible for knowledge, comprehension, and compliance with applicable laws in each jurisdiction in which you travel regarding Illegal drugs, substances, and paraphernalia, including prescription or over-the-counter products that may be restricted in some jurisdictions but unrestricted in others (“Drugs”).

• Local laws may require you to carry medical prescriptions from a qualified physician.

• Any possession or use of Drugs may result in immediate termination of Travel Services, as well as prosecution by agents or officers of any government authority.

HAZARDOUS MATERIALS

• All air passengers are prohibited by federal law from bringing hazardous materials aboard aircraft in their luggage or on their person.

• Violations can result in up to 10 years of imprisonment and significant fines under 49 U.S.C. 5124 (see https://www.govinfo.gov/content/pkg/USCODE-2009-title49/pdf/USCODE-2009-title49-subtitleIII-chap51-sec5124.pdf).

• Examples include without limitation explosives, compressed gases, flammable fluids and solids, oxidizers, poisons, corrosives, radioactive materials, paints, lighter fluid, fireworks, tear gases, oxygen bottles, lithium batteries, and radiopharmaceuticals.

• Special exceptions apply for small quantities (up to 70 ounces total) of medical and toilet articles carried in your luggage and certain smoking materials on your person.

• Restrictions on hazardous materials are listed at:

• Some foreign airports require airlines to treat passenger cabins with insecticides prior to or during flights. The U.S. Department of Transportation (DOT) provides a list of such requirements at:

• You are responsible for understanding and complying with all requirements regarding hazardous materials and insecticides.

• Please contact your airline regarding your itinerary and applicable rules.

LIMITATIONS OF LIABILITY

• AGENCY ACTS AS AN AGENT OF SUPPLIERS AND HAS NO CONTROL OVER SUPPLIER ACTIVITIES, TRAVELER ACTIVITIES, THE ACTIVITIES OF ANY THIRD PARTY.

• TRAVELER AGREES, THEREFORE, THAT AGENCY HAS NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR SPECIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, 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.

• TRAVELER EXONERATES AGENCY FROM ALL LIABILITY AS SET OUT ABOVE.

• IF, DESPITE SUCH EXONERATION, TRAVELER IS AWARDED DAMAGES AGAINST AGENCY IN LAW OR EQUITY, SUCH DAMAGES WILL BE LIMITED TO THE TOTAL AMOUNT OF COMMISSIONS OR FEES RECEIVED BY AGENCY FOR PROVIDING BOOKING SERVICES UNDER THESE TERMS.

• AGENCY’S SOLE OBLIGATIONS AND LIABILITIES ARE AS STATED IN THESE TERMS. ALL OTHER REPRESENTATIONS AND WARRANTIES—EXPRESS OR IMPLIED, BY STATUTE, LAW, OR OTHERWISE—ARE EXCLUDED.

ARBITRATION

• In case of a dispute between the you and Agency relating to or arising out of these Terms, the parties will first attempt to resolve the dispute personally and in good faith.

• If personal resolution attempts fail after 60 days following written notice of dispute, the parties will submit the dispute to binding arbitration.

• The arbitration will be conducted as follows:

  • State of Illinois, County of Cook.
  • The arbitration will be conducted by a single arbitrator.
  • Such arbitrator will have no authority to add parties, vary the provisions of these Terms, award punitive damages, or certify a class.
  • The arbitrator shall be bound by applicable and governing federal law as well as the law of the State of Illinois, County of Cook.
  • Each party will pay its own legal costs and fees.

FORCE MAJEURE

• No failure or delay in the performance of any obligation under these Terms will be a breach if such failure or delay arises from a force majeure or any cause beyond the reasonable and foreseeable control of Agency, including without limitation acts of God, floods, weather conditions, fires, explosions, accidents, war or threats of war (declared or undeclared), acts of terrorism, sabotage, insurrection, riots, strikes, or civil disobedience, sickness, epidemics, pandemics, quarantines, government interventions, defects in machinery or vehicles, delays or other events (collectively, “force majeure”).

• Agency is not liable to you and will not provide any refunds caused by delay or non-performance of any obligation under these Terms to the extent any such delay is due to any force majeure.

• If any Suppliers are affected by any force majeure, they may, in their sole discretion, vary or cancel any itinerary or arrangement in relation to your travel without notice.

• If an accident occurs and you seek assistance from us, you will be responsible (financially and otherwise) responsible for all alternative travel arrangements.

GENERAL

• Amendments. These Terms may be amended only in writing by Agency.

• Assignment. You may not assign any right or obligation under these Terms without Agency’s prior written consent, which will not be unreasonably withheld or delayed.

• Waiver. No forbearance or delay in enforcing these Terms will prejudice or restrict any rights of you or Agency. No waiver of a right will operate as a waiver of any subsequent right. No right is exclusive of any other right, and each right is cumulative.

• Severability. If any part of these Terms is found unenforceable, that part will be enforced to the fullest extent permitted by law and the remainder of these Terms will remain fully in force.

• Relationship of Parties. These Terms do not create an agent relationship, legal-entity partnership, joint venture, or employment relationship between you and Agency. You have no authority to bind Agency or incur any obligation on Agency’s behalf.

• Notices. Notices under these Terms will be in writing and deemed given when sent receipt confirmed to the receiving party’s email or other address provided for purposes of notice.

• Counterparts. These Terms may be signed or accepted electronically in more than one counterpart; each will be an original. Counterparts together constitute a single instrument.

• Governing Law. These Terms are governed exclusively by the laws of Illinois without regard to conflict-of-law provisions.

• Further Assurances. The parties will perform any additional acts as necessary to effect these Terms and will address together in good faith any unforeseen issues that arise under these Terms with a view to mitigating any material adverse impact on either party.

• Entire Agreement. These Terms, together with the Travel Services Agreement, are the entire agreement between Traveler and Agency and supersede all prior agreements, written or oral, between the parties regarding its subject matter.

 TERMS OF USE

Updated as of December 1, 2022

PLEASE READ THESE TERMS CAREFULLY.

TERMS ARE BINDING ON USERS OF WWW.EVYSSAVACATIONS.COM AND SERVICES ACCESSIBLE THROUGH IT.

Introduction

These Terms of Use (“Terms”) apply to any user of the website located at www.evyssavacations.com, including its sub-domains, mobile-optimized versions, and any products or services accessible through it (collectively, the “Website”).

 The Website is owned and operated by Global Voyages Inc., a company registered in Illinois, USA (“Company,” “we,” “our,” or “us”).

 These Terms set out a legally binding agreement between you as a user of the Website (“User,” “you,” or “your”) and Company.

 If you do not want to be bound by these Terms, then do not use the Website.

 If you use the Website on behalf of any entity, organization, or company (collectively, “Organization”): (1) you declare you are an authorized representative of that Organization with the authority to bind the Organization to these Terms; and (2) you and the Organization agree to be bound by these Terms. In these Terms, “you” refers to the Organization, you, and any other individual using the Website on behalf of the Organization.

 All other terms, policies, disclosures, disclaimers, and other provisions we may post on the Website from time to time are a part of these Terms.

Users Under 18

 If you are under the age of 18, you are prohibited from using the Website. If you use the Website, you represent that you are over 18 years of age.

Acceptance of Terms

 Each time you use or access the Website, including web pages contained or hyperlinked therein, you expressly confirm your agreement to these Terms.

 We reserve the right to modify, suspend, or discontinue the Website and at anytime for any reason, in part or whole, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

 The Website may contain typographical errors, inaccuracies, inconsistencies, or omissions, which we reserve the right to correct, change, or update at any time for any reason, with or without notice to you.  

Authorization

 You represent, warrant, and covenant that: (1) you have full power and authority to accept, to grant all authorizations, and to perform all obligations under theseTerms; (2) you will use the Website for individual purposes; and (3) the address you provide when registering is your address of record.

You will not allow any other person to use your login information to access the Website. If you become aware of any unauthorized use of your account or login information, you will immediately notify us at info@evyssavacations.com

Term and Termination

 These Terms become effective on the date of: (1) your initial use of the Website; or (2) your initial access to any services accessible via the Website. The term of these Terms will continue until terminated by us in writing. The term will be renewed each time you access or use the Website following any updates we post from time to time.

 We may suspend or terminate these Terms and your use of or access to the Website in our sole discretion, at any time, for any reason, with or without prior notice to you, including without limitation if you engage in any conduct prohibited by these Terms, or if you otherwise violate any provision of these Terms.

 Immediately upon such termination, you will cease all use of or access to the Website and its contents.

Website Content

 The Website represents a company providing travel advisory services to the general public and / or organizations utilizing the services of a travel advisor.

Website Availability

 We will use commercially reasonable efforts to keep the Website operational continuously. We may carry out maintenance on the Website as we deem necessary at any time for any reason, with or without notice to you. Such maintenance may impact your use of the Website.

Account Registration

 In order to use some or all of the functionalities of the Website, you may be required to login to the Website. At the time of registration, you may be asked to provide personal information such as name, address, phone number, email address, username, password, and other personal information.

Username and Password

 To use certain functionality of the Website, you will setup login information,including choosing a username and password. Your username will not be misleading and will comply with the content rules set out in these Terms. You will not use your account or username for or in connection with the impersonation of any third party.

 You are responsible to maintain the confidentiality of your password. You are responsible for all use of the Website via your login, whether authorized or unauthorized by you.

 You will notify us at info@evyssavacations.com if you have reason to believe your account is no longer secure for any reason (for example, in the event of a loss, theft, unauthorized disclosure, or use of your password).

 You are responsible for any activity and content on the account arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such failure.

 Login information and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

Electronic Signature

 You agree that: (1) your electronic signature; (2) your click of an applicable button; (3) your check of an applicable box; or (4) any similar electronic confirmation by you via the Website is the legal equivalent of your physical ink signature to confirm your agreement and consent.

Electronic Communications

 You agree to receive electronic communications from the Website. Such electronic communications may include without limitation any notices, disclosures, or other information we may provide to you regarding the Website.

 You accept that the electronic documents, files, and records regarding the Website are reasonable and proper notice for purposes of compliance with applicable laws, rules, or regulations. You agree that such electronic communications fully satisfy any requirement that communications be provided to you in writing. We reserve the right, in our sole discretion at any time, to require your physical ink signature on any documents relating to the Website.

User Responsibility

 You are solely responsible for your use of the Website, which is subject to all applicable local, state, and federal laws and regulations. 

You agree:

        Not to violate these Terms or allow, encourage, or facilitate others to do the same;

·        Not to access the Website using a third party’s account without the express consent of the account holder;

·        Not to use the Website or take any related action that is unlawful, illegal, fraudulent, or harmful;

·        Not to copy any content for republication in print or online;

·        Not to infringe copyrights or other rights relating to content on the Website;

·        Not to plagiarize or infringe the intellectual property rights or privacy rights of any third party;

·        Not to obscure or edit any copyright, trademark, or other proprietary rights notice or mark appearing on the Website;

·        Not to create copies or derivate works of the Website or any part thereof;

·        Not to create reviews or blog entries for or with any purpose or intent that does not in good faith comport with the purpose or spirit of the Website;

·        Not to interfere with another person’s use and enjoyment of the Website or another entity’s use and enjoyment of the Website;

·        Not to disturb the normal flow of services provided through the Website;

·        Not to use data collected from the Website to contact any third party or engage in any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing);

·        Not to collect, receive, transfer, or disseminate any personally identifiable information of any person without consent from title holder;

·        Not to attempt to gain unauthorized access to other computer systems from or through the Website;

·        Not to create a link from the Website to another website or document without Company’s prior written consent;

·        Not to disrupt, interfere with, or otherwise harm or violate the security of the Website, or any services, system restores, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked website;

·        Not to use the Website or take any related action that causes, or may cause, damage to the Website or impairment of the performance, availability, or accessibility of the Website;

·        Not to upload or transmit viruses or other harmful, disruptive, or destructive files;

·        Not to use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;

·        Not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Website without the express written consent of Company;

·        Not to access or otherwise interact with the Website using any robot, spider, or other automated means;

·        Not to reverse engineer, decompile, or extract the Website’s source code; and

·        Not to pretend to be or misrepresent any affiliation with any legal entity or third party.

 

In addition to the above, unless specifically endorsed or approved by the Website,the following uses and activities relating to the Website are prohibited:

 ·       Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;

·        Transmitting chain letters, spam, or junk email;

·        Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected or linked thereto;

·        Using any information obtained from the Website to harass, abuse, or harm another person;

·        Attempting to bypass any measures of the Website (or products or services accessible through the Website) designed to prevent or restrict access;

·        Harassing, annoying, intimidating or threatening any officer, employee, contractor, agent, affiliate, partner, customer, or supplier of Company;

·        Using the Website in any manner inconsistent with these Terms and applicable laws and regulations.

 If you violate any of the above provisions, we may terminate your use of and access to the Website.

Third-Party Websites

 The Website includes hyperlinks to other websites, products, services, and content owned and operated by third parties. We have no control over any third-party website or contents.

 Your engagement with any third party is voluntary, at your own risk, and solely between you and that third party. We bear no responsibility or liability for any loss or damage incurred as the result of your activities with third-party affiliates or advertisers on the Website.

 We strongly encourage you to independently verify any representation or warranty made by any third party regarding its own products and services.

 The Website may provide tools allowing you to link your account on the Website with an account of a third-party service. If you use these tools, you agree that we may transfer your user information to that third party.

Ownership

 Nothing in these Terms or on the Website will be construed as intent to grant to you any interest in the Website, in part or whole, or any content on the Website.

 Content and materials included on the Website, is copyrighted and protected under U.S. law, including without limitation images, photographs, graphics, texts, forms, lists, charts, guidelines, data, logos, code, icons, videos, audio, and other content, all of which is the property of, is licensed to, or is otherwise duly available to Company, its affiliates, its licensors, or a third-party copyrightholder.

 You agree that any infringing use or exploitation of copyrighted content on the Website may cause us, our affiliates, licensors, or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors, or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

Digital Millennium Copyright Act (DMCA)

 We respect the intellectual property rights of others. We take seriously claims of copyright infringement and respond expeditiously to notices regarding such matters.

 If you are a copyright owner or authorized to act on behalf of a copyright owner, you may report claims of copyright infringement to us by sending a DMCA notice of alleged infringement, as follows:

 1)    Identification, including a description, of the copyrighted work you are claiming has been infringed. If you are claiming infringement of multiple works you may provide a representative list.

2)    The location of the allegedly infringing material, including identification of URL where the allegedly infringing material is accessible or the exact location where the infringing material maybe found.

3)    A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law.

4)    A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.

5)    Your company affiliation, if applicable, your mailing address, telephone number, and email address.

6)    Your full legal name and your electronic or physical signature.

 For your notice to be valid, you must comply with all requirements above. Please send your notice to info@myglobalvoyages.com. Upon receipt of your DCMA notice above, we will: (1) expeditiously remove or disable access to the infringing material; and (2) promptly notify the copyright holder that originally uploaded or copied material has been removed or access denied.

No Warranty

 Your use of the Website is at your own risk, and you agree that the Website is provided “as is,” “with all faults,” and “as available.”

 We do not represent or warrant that the Website or its contents will be error-free, uninterrupted, secure, accurate, useful, safe, reliable, or produce any particular result, or that our content or communications to you are free from viruses or other harmful, disruptive, or destructive files.

 It is your sole responsibility to ensure the Website meets your specific requirements.

Limitation of Liability

 In no event will Company, its shareholders, directors, officers, employees,contractors, or agents be liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation: (1) loss of goodwill, business interruption, loss of profits, loss of data, or any other type of damages or losses relating to your use of, or inability to use, the Website; (2) personal injury or loss of privacy; and (3) infringement of third party intellectual property rights.

 The limitation of liability above will apply whether in contract, warranty, or tort, whether active, passive, or imputed by negligence, strict liability, or product liability, or pursuant to any other legal theory, even if you have been advised of such possibility in advance.

 To the fullest extent permissible under applicable law, Company expressly disclaims all representations and warranties of any kind relating to the Website and its contents, including all warranties of any kind, express or implied, including without limitation warranties of title, merchantability, accuracy, completeness, condition, quality, durability, performance, accuracy, reliability, suitability, fitness for a particular purpose, or non-infringement.

 Your sole remedy under these Terms is to cease use of the Website and any services related to it.

 Indemnification

 You agree to indemnify, defend, and hold Company, its affiliates, subsidiaries, shareholders, directors, officers, employees, contractors, and agents harmless from and against any actual or threatened proceedings at law or in equity, including without limitation reasonable expert and attorney’s fees, arising out of: (1) your acts or omissions; (2) your content; (3) your violation of these Terms or the Privacy Policy; or (4) your violation of the rights of any third-party.

General

 Amendments. We may modify, update, or terminate the Website, the Terms, the Privacy Policy, or any of our other content at any time in our sole discretion, with or without notice to you. The effective date of such modifications will be the time and date we post them on the Website.

 No Assignment. You may not assign or transfer these Terms by operation of law or otherwise without our prior written consent. Company may assign any rights or obligations here under to any current or future affiliated company and to any successor in interest. We reserve the right, at any time, with or without notice to you, to transfer some or all of Company’s assets in connection with a merger, acquisition, reorganization, or sale of assets or in the event of bankruptcy.

 Severability. If any provision of these Terms is held unenforceable, then such provision will be enforced to the fullest extent permitted by law and the remainder of these Terms will remain fully in force.

 No Waiver. No forbearance or delay in enforcing this Agreement will prejudice or restrict the rights of a party. No waiver of a right will operate as a waiver of any subsequent right. No right is exclusive of any other right, and each right is cumulative.

 Force Majeure. Company is not liable for any failure of performance of its obligations herein, where such failure arises from any cause beyond its reasonable control, including without limitation: governmental actions, orders of domestic or foreign courts or tribunals; fires, flood, storms, explosions, pandemics, epidemics, or other acts of God or nature; failure of electronic, power, mechanical, internet, telecommunications, computer, or any other equipment;strikes, labor disputes, riots, insurrections, civil disturbances, or war; shortages of labor or materials; or non-performance of third parties.

 Third-PartyRights. These Terms arenot intended to benefit or be enforceable by, and is not subject to the consent of, any third party.

 Headings. Titles and headers are for reference andwill not affect any interpretation of these Terms.

 Further Assurances. You agree to provide Company with all necessary information, materials, and approval, and renderall reasonable assistance and cooperation necessary to facilitate operation of the Website and enforcement of these Terms.

 Notices. Notices under these Terms will be in writing—if to Company, sent via email to info@evyssavacations.com, and if to you, sent to the email address you have provided to us—effective upon the date sent.

 Dispute Resolution: If any dispute arises under these Terms, the parties will use all reasonable efforts to resolve the dispute informally through direct communication.

 Governing Law. These Terms are governed exclusively by the laws of the Illinois.

 Entire Agreement. These Terms are the entire agreement between the parties and supersede all prior agreements regarding their subject matter. In the event of any inconsistency between these Terms and any other terms, policies, disclaimers, and other provisions we may post on the Website from time to time, these Terms will control.

AFFILIATE + ADVERTISING DISCLOSURES

Updated as of December 1, 2022

This website www.evyssavacations.com (“Website”) is owned and operated by Global Voyages Inc., a company registered in Illinois, USA (“we,” “our,” or “us”).

We may participate in one or more affiliate sales relationships and we may place advertisements on the Website. This means we may provide links to products or services for sale by third parties. As a result, we may receive commissions or other compensation from these third parties.

If we provide reviews or comments regarding third-party products, services, or activities, we strive to reflect our own honest and objective opinions, whether or not we receive compensation.

We strongly encourage you to independently verify any representation or warranty made by any third party regarding its own products and services.

 

CONTACT

 If you have any questions or comments regarding the Website, please contact us at info@evyssavacations.com

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