AP HOSPITALITY, LLC TERMS, CONDITIONS AND NOTICES
Welcome to A & P Hospitality, LLC’s (“AP”), d/b/a Collegiate Travels website. These Terms & Conditions is provided solely to assist our clients in registering for and booking AP special or custom events, travel, activities or trips, including making legitimate reservations or otherwise transacting business with AP, and for no other purposes.
APPLICATION / SCOPE
The following terms and conditions shall apply to all agreements to utilize the services of AP, including, but not limited to the engagement of AP’s services relating to event planning, special or custom events, travel arrangements, activities or trips and other related products and services (“Services”) provided by AP to its clients, including clients’ associates, affiliates, representatives, sub-contractors, directors, officers, employees, agents, volunteers, participants and members (“Client”). The Services are being provided to Client conditioned upon Client’s acceptance, without modification, of all the terms, conditions, and notices set forth herein (collectively, the “Terms and Conditions “) and your compliance with any other terms provided to Client relating to the rendering of AP’s Services to Client from, or through any arrangements made by AP, unless otherwise stated in writing. By retaining the Services of AP, or by registering for and/or participating in an event or travel arrangement (“Event”) planned by or through AP, you agree to be bound by the Terms and Conditions. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms and Conditions without prior notice, and your agreement to review and/or access and/or use of AP’s Website signifies your acceptance of the updated or modified Terms and Conditions.
The terms “we”, “us”, “our”, and “AP” refers to A&P Hospitality, LLC, a Florida limited liability company, located at 699 West Gaines Street, Apt. 344, Tallahassee, FL 32304.
The terms “you,” “your”, and “participant” refers to any AP client and AP Event participant, including, but not limited to a group, association, organization, individual or entity visiting the Website, booking a reservation for an Event through this Website, user of AP’s goods and services, and/or booking a reservation for an Event through AP or AP’s employees, agents, representatives or affiliates. Notwithstanding the foregoing definition/description, when referencing a group, association, organization or company (“Group”) specifically together with any individual member of that Group, “you” “your” and “participant” shall refer solely to that individual member, individual client or individual participant. You and AP may also be individually referred to herein as a “Party” and collectively as “Parties.”
By accepting and agreeing to be bound by these Terms and Conditions and/or participating in any Event through AP, you agree to comply with all terms of any such Event, including, but not limited to travel documentation, brochure, registration form(s), Website, and all information pertaining to the Event provided by AP. By accessing or using this Website and participating in an Event in any manner, you agree to be bound by the Terms and Conditions. Please read the Terms and Conditions carefully. If you do not accept all of these Terms and Conditions, please do not use this Website and/or register for an Event. Be sure to return to this page periodically to review the most current version of the Terms and Conditions. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms and Conditions without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Terms and Conditions.
USE OF THE WEBSITE AND PARTICIPATION IN EVENT
As a condition of your acceptance of AP’s Services, whether through any written contract, participation in any Event, or registering with AP through AP’s Website, you warrant that: (i) you are at least eighteen (18) years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website and participate in an Event in accordance with the Terms and Conditions; (iv) you will only use this Website to make legitimate reservations for yourself or on behalf of those parties within your Group for whom you are legally authorized to act; (v) all information supplied by you on this Website or otherwise to AP is true, accurate, current and complete; and (vi) you will safeguard your AP account information and will supervise and be completely responsible for any use of your account by anyone other than you. To the extent that you are making travel reservations on behalf of another individual (e.g., as a travel manager, assistant or other representative), you represent and warrant that such individual agrees to and is bound by these Terms and Conditions. We retain the right at our sole discretion to deny access to anyone to this Website and/or to an Event and the services we offer, at any time and for any reason, including, but not limited to, for violation of the Terms and Conditions, or any law regardless of whether or not you are prosecuted for this violation, and if prosecuted, regardless of the eventual disposition of the case.
ONLINE REGISTRATION / ACCOUNTS
Unless otherwise set forth in an agreement or registration package, all participants in an Event must electronically register and create an account with AP by utilizing AP’s website, www.aphospitalitygroup.com.
EVENT PACKAGE PRICE & INCLUSIONS
All agreements entered into by you with AP, whether through a written agreement, this Website or otherwise, including, but not limited to any Event package inclusions, are subject to these Terms and Conditions.
RESERVATIONS & DEPOSIT
Any agreement, registration or reservation by you, including, but not limited to a group reservation, whether by written contract, participation in any Event, or registration with AP through AP’s Website, unless otherwise set forth in an agreement or registration package, requires payment of a non-refundable and non-transferable deposit of $50.00 for each individual participant or member. Although any agreement, registration or reservation is non-cancelable, non-transferable and non-refundable, failure to pay the foregoing deposit, or any other requirement set forth in any agreement, registration or reservation, shall entitle AP to cancel the Event and/or terminate your agreement, registration or reservation. AP’s right to cancel/terminate is in addition to all other remedies available to AP for any breach of these Terms and Conditions and/or breach of any agreement, registration or reservation.
Payments can be made by you online at www.aphospitalitygroup.com or by mail by sending a check or money order. You will not be able to travel with AP unless your balance is $0 (Zero US Dollars) prior to the commencement of the Event. Final balance payments must be made by mail to A&P Hospitality, LLC, 699 West Gaines Street, Apt. 344, Tallahassee, FL 32304, or online by logging into your account at www.aphospitalitygroup.com.
Final balance payments are due no later than your final balance deadline (“Final Deadline”) as determined by AP or as set forth in your agreement with AP. All final balance payments that are not paid by the Final Deadline are considered late and will be subject to a $20.00 (Twenty US Dollars) late fee, which will be added to the total balance due for the Event. To avoid any complications with returns of checks for insufficient funds, within thirty (30) days of an Event, no personal checks will be accepted. Within thirty (30) days of an Event, money orders, cashier’s checks, and credit cards are the only forms of payment accepted by AP. Final confirmation and trip documents will not be sent or finalized until your final remaining balance is paid in full by you. IF PAYMENT IS NOT RECEIVED IN FULL BY AP AT LEAST FOURTEEN (14) DAYS PRIOR TO THE COMMENCEMENT OF THE EVENT, UNLESS OTHERWISE SET FORTH IN AN AGREEMENT OR REGISTRATION PACKAGE, AP RESERVES THE RIGHT TO CANCEL YOUR RESERVATION WITHOUT NOTICE AND WITHOUT REFUND AS TO ANY AMOUNTS PREVIOUSLY PAID. Accounts may be reinstated subject to availability with a $10.00 (Ten US Dollars) reinstatement fee and payment of any applicable late fees or other charges. There is a $30.00 (Thirty US Dollars) charge for any returned or bad checks.
CREDIT CARD AUTHORIZATION
If you are paying your deposit and/or total balance by credit card, debit card, or any other form of charge card (“credit card”), by accepting these Terms & Conditions as set forth herein, you hereby authorize AP and its officers, directors, employees, agents and affiliates to charge the credit card indicated for the noted or authorized amount. Further, you certify that you are an authorized user of the submitted credit card and that you will not dispute the payment with the merchant, so long as the amount corresponds to the price terms indicated and accepted.
CANCELATION AND REFUND POLICY
If you cancel your Event reservation, your right to a refund, if any, is subject to these Terms and Conditions. Because AP must allocate resources and make financial commitments for an Event, such as, but not limited to, hotels, charter buses, airlines, venues, and company operations overhead, all deposits and payments are non-refundable and non-transferable. All requests for cancellation must be submitted to AP via Certified Mail to: Trip Cancellations, A&P Hospitality, LLC, 699 West Gaines Street, Apt. 344, Tallahassee, FL 32304. All cancellations must be in writing and no refunds, if any, will be issued from verbal cancellations with AP employees or customer service representatives. PLEASE NOTE THAT ANY CANCELLATION SHALL NOT RELEASE YOU FROM YOUR OBLIGATIONS UNDER THIS TERMS AND CONDITIONS, OR ANY AGREEMENT, REGISTRATION OR RESERVATION WITH AP, INLCUDING, BUT NOT LIMITED TO ANY PAYMENTS REQUIRED.
If you cannot attend or participate in the Event, you may attempt to find a replacement for your reservation, subject to: (i) these Terms and Conditions; (ii) written approval by AP; (iii) approval by any third-party vendors or suppliers pertaining to or related to the Event; (iv) completion of a new registration by replacement participant with AP; and (v) payment by you of the replacement fee of $15.00 (Fifteen US Dollars) and any other applicable charges. Such changes must be made at least seven (7) days prior to the Event. All requests for changes or replacements must be submitted to AP in writing to: Trip Replacement, AP Hospitality, LLC, 699 West Gaines Street, Apt. 344, Tallahassee, FL 32304, or electronic mail to [email protected] If you cancel your reservation and wish to reinstate your registration for an Event, such reinstatement will be subject to a $10.00 (Ten US Dollars) reinstatement fee to be paid to AP, and will be subject approval by AP at AP’s sole discretion.
THERE WILL BE NO REFUNDS ISSUED RELATED TO ANY EVENT FOLLOWING THE COMMENCEMENT OF THE EVENT FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DENIAL OF BOARDING ON ANY FORM OF TRANSPORTATION, FAILURE TO TIMELY APPEAR OR ATTEND EVENT OR ACTIVITY, MISSING PICK UP OR DEPARTURE TIMES FOR TRANSPORTATION, MISSING ACTIVITIES, OR ANY UNUSED SERVICES DURING THE EVENT.
Notwithstanding AP’s Cancelation and Refund Policy set forth in these Terms and Conditions, if you have registered with AP for an Event as a Group, including a company, entity or organization that consists of two (2) or more participants (“Group”), such Group will be subject to an additional $500.00 (Five Hundred US Dollars) cancellation fee. Such Group will also be responsible and liable for any other costs, fees, charges or payments that may result from such cancelation, including, but not limited to, fees associated with transportation, airline, chartered bus, hotel, venue, rental, processing fees, and entertainment that has been reserved for the Group and/or Event. At the time of the Event, Group shall also be responsible for any costs or fees associated with not fulfilling the total occupancy requested for an Event. As such, Group shall not be entitled to any refund or reimbursement for any members of the Group that cancel or otherwise do not attend an Event.
PLEASE NOTE, IF YOU ENTER INTO ANY AGREEMENT AND/OR REGISTER WITH AP FOR OR ON BEHALF OF A GROUP, ASSOCIATION, COMPANY, OR ORGANIZATION, YOU ARE REQUIRED TO ENSURE THAT ALL PARTICIPANTS (WHETHER SAID PARTICIPANT IS A MEMBER OF THE GROUP, ASSOCIATION, COMPANY, OR ORGANIZATION, OR OTHERWISE) PROVIDE AP THEIR RESPECTIVE INFORMATION AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ANY AGREEMENT AND/OR REGISTRATION PACKAGE ENTERED INTO BY YOU ON THEIR BEHALF, WHETHER BY WRITTEN ACCEPTANCE OR REGISTRATION THROUGH UTILIZATION OF AP’S WEBSITE. SHOULD YOU FAIL TO PROVIDE ANY PARTICIPANTS INFORMATION AND/OR SAID PARTICIPANT NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ANY AGREEMENT AND/OR REGISTRATION PACKAGE ENTERED INTO BY YOU ON THEIR BEHALF, YOU AGREE THAT AP SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU, THE GROUP, ASSOCIATION, COMPANY OR ORGANIZATION FOR ANY REASON. FURTHER, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD AP AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES, MADE BY ANY SAID PARTICIPANT OR ANY THIRD-PARTY ARISING OUT OF OR RELATED TO THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF SAID PARTICIPANT.
HOTEL ROOMMATE REQUIREMENTS
In the Event there is a hotel reservation included or a hotel reservation is part of your Event, the total price per person for each room is be based on a quad-occupancy room (4 people in a room), unless otherwise set forth in an agreement or registration package. Single, Double and Triple occupancy rooming may be available for an additional amount per person. Unless otherwise set forth in a written agreement or registration package, final rooming lists will be completed seven (7) days prior to the Event. It is your responsibility to provide the names of all roommates to AP at least seven (7) days prior to the Event. You acknowledge that you or your Group may be responsible for additional fees and costs should you fail to fulfill the requested and/or room commitments selected for an Event. Further, AP does not assume responsibility for any additional costs if you do not fulfill the requested and/or room commitment that has been selected for an Event.
ATTRITION AND HOTEL/ACCOMMODATIONS CANCELATIONS
In the event you have requested Services from AP which provides for hotel, travel and/or similar accommodations with minimum number of participants, failure to obtain the minimum number of individuals previously agreed upon, shall subject you to any additional costs, fees, expenses and damages caused by said failure, including, but not limited to room cancellation and attrition fees, attorneys fees and costs related to defending any action brought by any third party providers of hotel, travel and/or similar accommodations arising out of or relating to such failure.
TRAVEL ARRANGEMENTS / TRANSPORTATION
In the event you have retained AP to provide travel arrangements for an Event, you or the Group acknowledges that you have provided AP with a minimum number of individuals attending the Event needing travel arrangements. Based on the minimum number of individuals provided by you or the Group, you understand that AP has utilized such information to secure certain travel arrangements, including the execution of contractual agreements with certain travel related vendors. In the event that you or the Group fails to secure the minimum number of individuals attending the Event needing travel arrangements, you or the Group shall be strictly liable for all costs, fees, expenses and damages caused by said failure, including, but not limited to room cancellation and attrition fees, attorneys fees and costs related to defending any action arising out of or relating to such failure, and administrative costs and expenses. Further, AP reserves the right the amend, modify and/or change any travel arrangements made or secured due to your and/or the Group’s failure to obtain the previously agreed upon minimum number of individuals attending the Event needing travel arrangements.
GROUP SUBSIDIZED PACKAGES
In the event you have elected to subsidize the cost of an Event in order to reduce the overall cost of the Event to any participants or attendees (“Subsidized Amount”), whether for a Group reservation or otherwise, prior to determining the Subsidized Amount, the Group must provide AP with a minimum number of participants attending the Event at issue. Thereafter, the parties will divide the Subsidized Amount by the minimum number of participants previously agreed upon and disclosed to AP (“Subsidized Reduction”). The total cost to each participant for the Event will then be reduced by the Subsidized Reduction. Notwithstanding the foregoing, any additional individuals signed up for the Event over the minimum number participants agreed upon and disclosed to AP shall not be entitled to the Subsidized Reduction and shall be obligated to pay the actual total cost of attending the Event. You acknowledge that AP has incurred significant costs and expenses in the administration and formulation of the Event. Therefore, you agree that the Subsidized Amount is non-refundable in the event that you fail to obtain and sign up the minimum number of participants or you cancel the Event. AP’s retention of the Subsidized Amount shall not act as a waiver to any other rights and remedies, whether legal or equitable, available to AP in the event that you breach the Terms and Conditions.
RULES, REGULATIONS, AND TRAVELER RESPONSIBILITY
Separate terms and conditions may apply to your reservation and purchase through suppliers and/or third party vendors related to an Event and other travel-related goods and services that are associated with an Event, such as hotel, airline, cruise, bus, venue, park, amusement park, limousine or car rental companies, or activity providers who fulfill your travel reservations. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions imposed by any supplier or third party in connection with any Event (e.g. hotels, buses, parks, amusement parks, restaurants), including, but not limited to, payment of all amounts when due and compliance with the Supplier’s and/or third party’s rules and restrictions regarding availability and use of facilities, products, or services. You acknowledge that some third party providers and Suppliers offering certain services and/or activities may require you to sign liability waivers prior to participating in the service and/or activity. You understand that any violation of any such third party’s or Supplier’s rules and restrictions may result in cancellation of your reservation(s) or your removal from an Event, in your being denied access to the applicable event or travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our charging your account for any costs we incur as a result of such violation.
AP, and any suppliers or third party vendors reserve the right to enforce reasonable rules and standards of conduct to facilitate the Event for all Event Participants’ safety and enjoyment. By agreeing to these Terms and Conditions, you agree that failure to comply with such rules and standards, or these Terms and Conditions, may result in your removal from the Event, which may include, but is not limited to, removal from any hotel, airline, cruise, bus, venue, park, amusement park, limousine or car rental companies, and/or Event, at your sole expense. If removed from a hotel, AP will not be responsible for providing other hotel accommodations or refunds to you. This may also result in the removal from the entire Event. In the event of such removal, you shall no longer be considered a part of the Event. By agreeing to, and acknowledging these Terms and Conditions, you hereby release AP from any and all liability or additional costs arising out of, or in connection with, your removal from the Event caused by Third parties.
Although most travel, including travel to domestic and international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. You are responsible to review any travel prohibitions, warnings, announcements and advisories issued by any federal or state agency prior to booking travel to any destination. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. BY OFFERING ITS SERVICES FOR TRAVEL TO A PARTICULAR DESTINATION, AP DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS, OR FROM ANY NEGLIGENCE OF AP RESULTING FROM TRAVEL TO SUCH DESTINATIONS.
“NO LIABILITY” ON YOUR GROUP OR ORGANIZATION
IN ADDITION TO THE “LIABILITY DISCLAIMER AND LIMITATION OF LIABILITY”, INCLUDING THE “INDEMNIFICATION” PROVISIONS SET FORTH BELOW, BY ACCEPTING THESE TERMS AND CONDITIONS, YOU, IF YOU ARE REGISTERING FOR AN EVENT WITH AP THROUGH A GROUP, ASSOCIATION, COMPANY OR ORGANIZATION, AGREE TO DEFEND, INDEMNIFY AND HOLD THE GROUP, COMPANY OR ORGANIZATION AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES, BROUGHT BY THIRD PARTIES AS A RESULT OF: (A) YOUR BREACH OF THESE TERMS AND CONDITIONS; (B) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY; (C) YOUR USE OF THE AP WEBSITE OR SERVICES; OR (D) ANY ACT, OMISSION, OR NEGLIGENCE BY YOU AND/OR ANY THIRD PARTY. FURTHER, IN NO EVENT SHALL GROUP AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, DISMEMBERMENT, DISFIGUREMENT, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ATTENDANCE OR PARTICIPATION IN AN AP EVENT.
ANY GROUP, BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, ACKNOWLEDGE THAT ANY REPRESENTATION MADE BY AP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES RELATING TO “NO LIABILITY” FOR GROUP FOR THE ACTS OF ITS INDIVIDUALS IS STRICTLY LIMITED TO AP REQUIRING THAT ANY INDIVIDUAL MEMBER OF SAID GROUP, COMPANY OR ORGANIZATION AGREE TO INDEMNIFY AND HOLD THE GROUP, ASSOCIATION, COMPANY OR ORGANIZATION HARMLESS PURSUANT TO THE ABOVE PARAGRAPH. IN THE EVENT ANY INDIVIDUAL GROUP MEMBER OR PARTICIPANT DOES NOT AGREE TO SUCH TERMS AND CONDITIONS, THEN SAID INDIVIDUAL GROUP MEMBER SHALL NOT BE ENTITLED TO ATTEND ANY EVENT THAT WAS ORIGINALLY SCHEDULED BY AND THROUGH A GROUP, ASSOCIATION, COMPANY OR ORGANIZATION.
LIABILITY DISCLAIMER AND LIMITATION OF LIABILITY OF A&P HOSPITALITY, LLC AND FRED IMBERT TRAVEL AGENTS, INC.
IN NO EVENT SHALL AP OR FRED IMBERT TRAVEL AGENTS, INC., AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, DISMEMBERMENT, DISFIGUREMENT, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ATTENDANCE OR PARTICIPATION IN AN A&P HOSPITALITY, LLC OR FRED IMBERT TRAVEL AGENTS, INC. EVENTS DUE TO ANY ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF AP OR FRED IMBERT TRAVEL AGENTS, INC., ITS EMPLOYEES OR AGENTS IN PROVIDING ANY AP AND FRED IMBERT TRAVEL AGENTS, INC. SERVICES OR EVENT TO YOU, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF AP OR FRED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SUPPLIERS, THIRD-PARTIES, CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES DURING OR RELATED TO AN EVENT ARE NOT AGENTS OR EMPLOYEES OF AP AND FRED IMBERT TRAVEL AGENTS, INC. AP AND FRED IMBERT TRAVEL AGENTS, INC. SHALL NOT BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD-PARTIES OR SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. AP SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, WEATHER, ACTS OF GOD, ACTS OF NATURE, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND AP’S DIRECT CONTROL, AND AP SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DAMAGES, DELAYS, RE-ROUTING OR ACTS OF ANY SUPPLIER, THIRD-PARTY, AGENCY, GOVERNMENT OR AUTHORITY.
If, despite the limitation above, AP or FRED IMBERT TRAVEL AGENTS, INC. is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then AP or FRED IMBERT TRAVEL AGENTS, INC. liabilities will in no event exceed the transaction fees assessed for your transactions on the AP’s Website. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of AP or FRED IMBERT TRAVEL AGENTS, INC., and/or AP and FRED IMBERT TRAVEL AGENTS, INC. respective suppliers.
INDEMNIFICATION AP AND FRED IMBERT TRAVEL AGENTS, INC.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD A&P HOSPITALITY, LLC AND FRED IMBERT TRAVEL AGENTS, INC, AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES, BROUGHT BY THIRD PARTIES AS A RESULT OF: (A) YOUR BREACH OF THESE TERMS AND CONDITIONS; (B) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY; (C) YOUR USE OF THE AP WEBSITE OR SERVICES; OR (D) ANY ACT, OMISSION, OR NEGLIGENCE OF YOU AND/OR ANY THIRD PARTY.
PROPERTY DAMAGE DISCLAIMER
Any damage caused by you to any Supplier or Third Party and its property, including, but not limited to: property belonging to any airline, charter bus, rental car, hotel, park, venue, night-club, restaurant, or any other properties visited during an Event will be the sole financial and legal responsibility of you. This includes, but is not limited to, any fines, fees, legal actions or penalties, or any costs associated with the damages caused by you. AP will promptly remove any participant from an Events who is directly or indirectly involved with such damage to any of the above-referenced property.
EVENT MEDIA USE
AP retains the right to photograph and film its Events and any participants on an Event, which we may use for future brochures, advertisements, or place online for promotional use.
AP uses your personal information and sensitive billing information for the purpose of completing your reservation for an Event. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with travel confirmation and updates; to manage your account, including processing bills and providing travel notifications; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, and Website; to notify you about special offers and products or services that may be of interest to you in the future; to otherwise customize your experience with AP; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms and Conditions; and as otherwise described to you at the point of collection
Notwithstanding anything to the contrary herein or any agreement between the parties, AP may terminate any agreement between AP and you, in whole or in part, including any Event, by means of written notice to the other party without need of judicial recourse and with immediate effect:
(a) In the event you fail to comply with any terms, conditions, representations or covenant set forth herein or in any agreement between AP and you;
(b) In the event you become insolvent, make a general assignment for the benefit of its creditors or commits an act of bankruptcy of it a petition for its reorganization or readjustment of its indebtedness is filed by or against it, or if a receiver, trustee or liquidation of all or substantially all of its property is appointed.
(c) If you fail to pay any amounts due and owing to AP in full by its due date for payment;
Termination effected by AP under this section shall not relieve you of your obligations to AP or affect any other rights or remedies of AP under the law or otherwise. Furthermore, in the event any agreement or registration between the parties is terminated, AP shall be entitled to accelerate and declare all sums due and owing by you to be paid immediately without delay.
AP shall be entitled to an award of its reasonable costs and expenses, including attorneys’ fees, in any action or proceeding in connection to, arising out of, or relating to these Terms and Conditions.
HOTEL INCIDENTALS AND/OR DEPOSIT FEES
A&P HOSPITALITY, LLC nor FRED IMBERT TRAVEL AGENTS, INC. shall be responsible in any way for deposit’s or incidental charges stemming the group’s hotel stay. Upon checking in, one participant in each room of the group’s shall use their credit card to cover any and all incidental damages and/or fees incurred from the groups stay. AP gives notice to Group that it is the sole responsibility of the Group to handle any and all incidental fees and/or deposits. Group acknowledges and agrees that if a dispute were to occur over any and all third party hotel businesses and any group participants over incidental fees or deposit fees, Group agrees to indemnify and hold harmless AP and FRED IMBERT TRAVEL AGENTS, INC.
These Terms and Conditions (i) constitute a binding agreement between you and AP; (ii) represent the entire agreement between the you and AP and supersedes all prior representations, warranties and/or agreements relating to the subject matter contained herein and (iii) may not be modified or amended except in writing signed by both you and AP. Nothing contained herein shall imply any partnership, joint venture or agency relationship between you and AP and neither party shall have the power to obligate or bind the other in any manner whatsoever, except to the extent herein provided. If any provision of these Terms and Conditions is deemed to not apply to your particular Event, or if any provision of these Terms and Conditions shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of these Terms and Conditions shall not be affected and shall remain in full force and effect. These Terms and Conditions shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflicts of laws principles thereof. You agree to submit to jurisdiction in Florida and venue in the courts of Leon County, Florida. Neither Party shall sell, transfer or assign these Terms and Conditions or the rights or obligations hereunder, without the prior written consent of the other Party, such consent not to be unreasonably withheld or delayed. The parties’ rights and obligations will bind and inure to the benefit of their respective successors, heirs, executors and joint administrators and permitted assigns. The headings of the various sections of these Terms and Conditions have been inserted for convenience of reference only.
BY REGISTERING FOR THIS EVENT, THE PERSON(S) DOING SO REPRESENT(S) AND WARRANT(S) THAT (I) HE OR SHE IS 18 YEARS OF AGE OR OLDER; (II) HE OR SHE HAS READ AND UNDERSTANDS A&P HOSPITALITY, LLC’S TERMS AND CONDITIONS ABOVE; AND (II) ACCEPTS THE TERMS AND CONDITIONS