Bold Food LLC Terms and Conditions of Sale
Terms and Conditions of Sale
The following Terms and Conditions (referred to herein as these “Terms and Conditions” or “Agreement”) apply to all travel and travel related Services offered for sale by Bold Food LLC (“Bold Food”) and/or its officers, directors, employees, representatives, affiliates, agents, or subcontractors (hereinafter referred to as “Bold Food, “we,” or “us”). Bold Food’s mailing address is 2310 Homestead Road, Suite C1 #406, Los Altos, CA 94024. Our telephone number is (888) 884-5702.
The terms “Service(s)”, and “Elements(s)” as used in these Terms and Conditions encompass: travel planning and consultation, airfare, passage on cruises, charters, river boats, and other water vessels, ground transportation, hotel rooms, resorts, or other lodgings, tours, leisure or adventure activities, equipment rentals, expeditions, trip insurance, and any other travel or travel related products offered or sold by Bold Food. The term “Trip” or “Tour” is defined as any one Service, and/or package of Services, offered or sold by us. “Itinerary” or “Customized Itinerary” refers to the particularized schedule for a Trip. “Supplier” or “Vendor” refers to any provider of the Services we offer. References herein to “Traveler”, “Client”, “you”, or “your” shall apply to each and any of the following: a party participating in an offered Trip and/or the party who purchases (or attempts to purchase) a Trip for themselves and/or others, including their Parent or Legal Guardian who accepts these Terms and Conditions on their behalf if the party participating is not of legal age to enter into a binding legal contract on their own behalf.
All bookings of Trips are also subject to the Terms and Conditions of the Supplier of the Service(s) incorporated in a Trip. By placing an order with Bold Food, you agree to abide by all the terms and conditions of the applicable Suppliers without reservation, and to be bound by the limitations therein, including but not limited to payment of all amounts when due, compliance with the Supplier’s rules and restrictions regarding availability and use of fares, products or services, and signing of third party liability waivers prior to participating in the Service and/or activity they offer. If the Supplier’s Terms and Conditions are ever in conflict with the Terms and Conditions of Bold Food, Bold Food’s will control all issues relating to the liabilities and responsibilities of Bold Food.
Please read these Terms and Conditions carefully, ask us any questions you have about them, and consult your attorney before you agree to be bound by them. Traveler acknowledges that they have taken note of these Terms and Conditions before making a booking and have accepted the same by checking the “I have read and agree to the Terms & Conditions” box. When Traveler is purchasing a Trip for one or more Travelers besides themselves, checking the “I have read and agree to the Terms & Conditions” box verifies that Traveler: (1) has informed all other Travelers in their group of these Terms and Conditions and supplied all other Travelers a copy of the same; (2) has full authority on behalf of all the persons whose names appear thereon to accept the Terms & Conditions on their behalf, including for Travelers who are not of legal age to accept these Terms and Conditions on their own behalf; (3) agrees to be responsible for any error in the accuracy of information they provide us in regards to those Travelers; and (4) warrants that the Traveler(s), after consideration and with an opportunity to consult legal counsel, also agree to be bound by these Terms and Conditions, including the limitations of liabilities and cancellation policies herein. Without this acceptance, the processing of a booking is not technically possible. Therefore, by placing an order with Bold Food, you (and all Travelers in your group if applicable) agree to abide by these Terms and Conditions without reservation and to be bound by the limitations herein.
Table of Contents
2. Modification of Our Terms and Conditions
3. Booking Process
4. Initial Deposit and Payments
5. Prices and Fees
6. Payment Methods
7. Cancellation, Substitution, and Alteration Policies
8. Issuing Travel Documents
9. Travelers with Special Needs or Disabilities
11. Passports, Visas, and Health Requirements
13. Air Transport
15. Activities Offered During your Trip
16. Marketing Materials and Illustrative Photos
17. Legal Compliance and Proper Conduct
18. Local Customs and Travel Risks
19. Age, Fitness and Participation
20. Medical Emergencies
21. Use of Information
22. Traveller Complaints
24. Seller of Travel Registration Information
25. Limitation of Liability
26. Disclaimer of Warranties
27. Indemnification and Release
28. Force Majeure
29. Disputes: Binding Arbitration, Governing Law, Jurisdiction, Venue, etc.
30. Attorney’s Fees, Costs, and Expenses of Suit
32. Severability and Survivability
33. Waiver, Etc.
1. Eligibility. The Services offered by Bold Food are available for purchase by residents of the United States while in the United States, its territories, possessions, and protectorates, who have all the requisite power and authority to enter into and perform the obligations under these Terms and Conditions. No unaccompanied minors (those under 18 years of age) will be accepted. The Lead Passenger (the Traveler who submits a Trip reservation for themselves and others) must be over the age of 18 to purchase a Bold Food Trip and agree to these Terms and Conditions.
2. Modification of Our Terms and Conditions. Our Terms and Conditions may be amended or modified by us at any time, without notice, on the understanding that such changes will not apply to Trips booked prior to the amendment or modification. It is therefore essential that you consult and accept our Terms and Conditions at the time of making a booking, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you placed an order with Bold Food or reviewed our Terms and Conditions.
3. Booking Process.
To make a reservation with Bold Food, please contact us at (888) 884-5702 or email us at email@example.com. Bold Food will provide a written confirmation of your booking upon receipt of all of the following: deposit payment, all client information web forms that have been fully completed, and flight information.
4. Initial Deposit and Final Payment.
- Deposits: To secure a booking, Client must provide a non-refundable deposit of up to to 25% of the entire Trip price. Where applicable, all flights (domestic and international) must be paid 100% in advance to secure spaces.
- Final payment is due no later than 60 days before departure. In case of non-payment of the balance by the due date, Bold Food reserves the right to treat the booking as cancelled by Client.
5. Prices and Fees. Our prices are contractual tariffs. No claim relating to the price of a Trip will be considered once the reservation is effective. All prices are quoted in US dollars (US$). Rates for Services are based on tariffs and exchange rates in effect at the time of posting and are subject to change prior to departure. Substantial changes in tariffs, exchange rates, the price of fuel, Services and labor sometimes increase the cost of Travel arrangements significantly.
Air prices: All airfares are approximate at the time of printing and are final at time of ticketing.
Unless otherwise stated in the description of a Trip, the following amounts will NOT be included as part of one of our Trip’s advertised price:
- Items of a personal nature such as incidentals, toiletries, etc.
- costs associated with Passports or Visas
- excess baggage charges
· inspection, customs, immigration and naturalization fees
- single room supplement
- travel insurance including medical, accidents, lost baggage and/or trip cancellation
- tips and gratuities for tour managers (included tips and gratuities vary by program)
- any other activities or items not explicitly advertised as included in the price of a Tour in its description.
6. Payment Methods. We accept payment by:
- All Major Credit Cards: Visa, MasterCard, Discover, American Express
- Wire transfer payment with all wiring and transfer fees and costs paid by the sender, and
- Personal check, drawn on a US bank. Check must clear before any rates are locked or bookings are made.
If payment could not be drawn from your payment card account, we will send you an email or call you regarding the matter. This could be because of insufficient funds in your payment card account, incorrect details provided by you on our site, any fraud alerts received from our fraud prevention system or if your bank declined the transaction. You can also contact your bank or card issuing company to authorize your transaction or provide us a different payment card acceptable by Bold Food. We do not take responsibility for any damages caused by the non-acceptance of your payment for whatever reason. If we notice any fraudulent transaction from the provided credit or debit card, we will inform such activity to our Credit Card Verification Company, bank, or Supplier, and if required we will also inform the appropriate legal authorities. We process all credit and debit card transactions securely and transmit the data using SSL.
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company as we may pass on your payment to an international Supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your Trip booking, please contact your bank.
7. Cancellation, Substitution, and Alteration Policies.
a. Cancellations attributable to Traveler
1) Traveler may cancel their booking at any time provided that the cancellation is communicated to Bold Food in writing. Cancellation will be applied based on the date on which we receive written notification. Any refund owed to Traveler will be distributed after bank and/or transaction fees are subtracted.
2) The 25% deposit is non-refundable.
3) Please note that a no show passenger is treated as a cancellation less than two months prior to departure and forfeits all deposits and payments made as well.
4) In case part of a booking is cancelled, the remaining parties may have to pay additional charges (e.g. under-occupancy, or single room supplements).
b. Cancellations and/or Alterations attributable to Force Majeure
Particularly as a result of causes beyond our control (ie. weather and travel conditions, river water levels, political or environmental changes, equipment failure, flight schedule changes or rescheduling of air routes and times, referred to herein jointly as “Force Majeure”), we have on occasions to make changes to and/or cancel confirmed bookings. While we always endeavor to avoid changes and cancellations, we must reserve the right to do so and to substitute alternative arrangements of comparable monetary value without compensation. Bold Food reserves the right to adjust the Itinerary or change the modes of ground and air travel, change the quality of Accommodations or otherwise change the Trip without prior notice if necessary. We accept no liability for loss of enjoyment as a result of these changes. Bold Food will attempt to provide advanced notice of any changes to Itinerary or Services to the extent possible. Any additional charges incurred arising from the postponement, delay or extension of a Trip or adjustment to the itinerary due to Force Majeure will be the Traveler’s responsibility.
c. Cancellations and Alterations attributable to Bold Food.
In the unlikely event that a major change (involving a change of departure or return date, departure city or destination) becomes necessary, we will notify you as soon as possible and will try to substitute comparable Services. In the event of complete cancellation by us, our only liability will be limited to a refund of all monies paid. Bold Food is not responsible for additional expenses incurred by Travelers in preparation for, or anticipation of, a Trip (i.e. medical expenses, insurance charges, international airfare, etc.).
d. California and Illinois Residents only:
Upon cancellation of the transportation or travel services, where the Traveler is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Traveler, all sums paid to the seller of travel for services not provided will be promptly paid to the Traveler, unless the Traveler advises the seller of travel in writing, after cancellation. In California, this provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the Traveler with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
8. Issuing Travel Documents. Travel documents will only be sent to the purchasing Traveler who places the order and personally agrees to these Terms and Conditions. Should you change your email address, phone number, or address before your departure date, you are required to advise us of the change. If a Traveler provides incorrect information to Bold Food, we do not assume any liability if the Trip is adversely affected or made impossible by the non-receipt of travel documents.
9. Travelers with Special Needs or Disabilities. If you have special needs (e.g., wheelchair accessible room, traveling with seeing eye dog, etc.) you must call all relevant Service provider for your Trip ahead of time and verify that special needs can be met. Depending on their terms and conditions, your reservation may be refunded, canceled or modified if special handicapped needs cannot be met. Bold Food make no guarantee as to the ability of any Accommodations, Cruise ship, activity provider, or facilities to meet the special needs of disabled clients.
10. Insurance. Should you have to cancel your Trip because of illness, injury or death to you or an immediate family member, depending on the type of coverage purchased, Trip cancellation insurance may protect some or all deposits and payments for both air and Tour costs. Trip cancellation and interruption penalties are significant. Purchasing Trip cancellation insurance at a much later date may limit some of the coverage as to pre-existing or other conditions. Bold Food strongly recommends the immediate purchase of Trip cancellation insurance including emergency medical evacuation, trip delay (interruption or after departure coverage), baggage and repatriation.
It is Traveler’s responsibility to understand the limitations of their insurance coverage and purchase additional insurance as needed. It is the Traveler’s sole responsibility to research, evaluate and purchase appropriate coverage. Traveler agrees that Bold Food is not responsible for any uninsured losses.
10. Passports, Visas, Reciprocity Fees, and Health Requirements. It is Traveler’s sole responsibility to verify they have all the necessary visas, transit visas, passport, and vaccinations prior to travel and paid any required reciprocity fees for their destination. A full and valid passport is required for all persons traveling to any of the destinations outside the U.S. that we feature. You must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates required for your entire Trip.
Most international Trips require a passport valid until at least six (6) months beyond the scheduled end of your Itinerary. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their Trip. Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or access online at http://travel.state.gov/content/passports/en/passports.html or directly from the destination country's website.
Some countries require you to be in possession of a return ticket or exit ticket and have sufficient funds, etc. Similarly, certain countries require that the Traveler produce evidence of insurance/repatriation coverage before it will issue a visa.
You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all passengers when making a booking and appearing in your travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on your passport, visas, etc.
Immunization requirements vary from country to country and even region to region. Up-to date information should be obtained from your local health department and consulate. You assume complete and full responsibility for, and hereby release Bold Food from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For State Department information about conditions abroad that may affect travel safety and security, you can contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to http://wwwnc.cdc.gov/travel/.
It is your responsibility to ensure that you hold the correct, valid documents for the countries you are visiting and have obtained the necessary vaccinations, clearance to travel, and hold the necessary confirmations for medications required as we cannot be held liable for any illness, delays, compensation, claims and costs resulting from your failure to meet these requirements.
WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, CRUISE, TRANSPORT OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION. IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON US, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING US ACCORDINGLY.
12. Accommodations. “Accommodations” are any lodgings in a dwelling or similar living quarters afforded to Travelers including, but not limited to, hotels, quarters in ships and charters, motels, and resorts. Bold Food provides the accommodations for its Trips through third-party Suppliers and retains no ownership or management interest in those Accommodations. Bold Food does not guarantee the location or the amenities of the Accommodations nor the performance of the third-party Vendors. If any issues arise, please contact the owner/operators of the respective Accommodations directly.
Accommodations and living standards may vary from country to country, especially in some of the remote locations we visit. Bold Food makes no guarantees about the living standards in remote locations, but we will try to work with an Accommodation provider within the same category you purchased, if available, should serious problems as to habitability arise. Any additional costs, i.e. upgrades etc., will be borne by the Traveler.
Prices of Accommodations are based on double occupancy unless described otherwise. If you prefer single Accommodations, some Accommodations require you to pay a single supplement fee which can vary depending on the Accommodation. Please contact us for specifics on the single supplement fees.
13. Air Transport. The flight times given by Bold Food are for general guidance only and are subject to change. Up-to-date flight times will be shown on the tickets. Client must check the tickets carefully immediately upon receipt for the latest timings.
a. General conditions governing air transport
Bold Food’s responsibilities in respect to air travel are limited by the relevant airline’s Contract of Carriage. All airline Contracts of Carriage are available for view publicly on their websites and at their office branches. Bold Food is not able to specify the type of aircraft to be used by any airline or guarantee seat assignments. In addition, Bold Food is not responsible for losses due to cancelled flights, seats, or changed flight itineraries. Airlines retain the right to adjust flight times and schedules at any time, and these changes may include a change in the airline you fly, your aircraft type or destination. Such alterations do not constitute a significant change to your Trip Itinerary. If an airline cancels or delays a flight, you should work with the airline to ensure you arrive at your destination on or ahead of time. Bold Food will not provide any refund for Trips missed, in part or full, due to missed, cancelled or delayed flights, or other flight irregularities including, without limitation, denied boarding whether or not you are responsible for such denial. Airline flights may be overbooked. A person denied boarding on a flight may be entitled to a compensatory payment or other benefits from the airline. The rules for denied boarding are available at all ticket counters in your Contract of Carriage. The airline fulfilling your reservation may change from the airline displayed on our website.
b. Flight Times
The flight times given by Bold Food are for general guidance only and are subject to change. Up-to-date flight times will be shown on the tickets. Traveler must check the tickets very carefully immediately upon receipt of the latest timings. Bold Food will endeavor to inform Traveler as soon as possible in the event of any flight alteration.
c. Failure to Check-in
Failure to check-in for a flight on the outward journey (on a charter or scheduled flight) will automatically result in cancellation of the return flight by the airline. We would encourage you to contact us on the date of departure if you wish us to keep the return flight open; this decision remains at the discretion of the airline company.
d. Flight Connections
If any booked flight connecting with your outbound or inbound flight is cancelled or delayed, the airlines reserve the right to provide that transport by any other means (coach/bus, train, etc.). If you organize your own connecting transport with the arrangements booked with Bold Food, we would advise that you reserve flexible or refundable tickets in order to avoid the risk of any financial loss. You are also advised not to make any important appointments for the day following your return date. Bold Food cannot accept responsibility for the consequences of delays (such as a cancelled scheduled flight) in the context of connecting transport organized by you.
e. Non-Use of Flight Segments
You agree not to purchase a ticket or tickets containing flight segments that you will not be using, such as a "point-beyond", "hidden-city", or "back-to-back tickets". You further agree not to purchase a round-trip ticket that you plan to use only for one-way travel. You acknowledge that the airlines generally prohibit all such tickets, and therefore we do not guarantee that the airline will honor your ticket or tickets. You agree to indemnify Bold Food against any airline claims for the difference between the full fare of your actual itinerary and the value of the ticket or tickets that you purchased.
Bold Food assumes no liability for any loss or damage to baggage or personal effects, whether in transit to or from a Trip, or during a Trip. The airline is liable to you for the baggage you entrust to it only for the compensation contemplated in the international conventions and relevant statutes. In the event of damage, late forwarding, theft or loss of luggage, you should contact the your airline and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration. It is recommended that you take out an insurance policy covering the value of your items.
Additional and oversized baggage fees: Most airlines have their own policy regarding luggage. We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. You will be responsible for paying to the airline any additional charges for checked or overweight baggage, including, but not limited to, golf bags and oversized luggage. If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.
g. Carriage of Hazardous Material
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more. Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.
Different airlines have their own restrictions on when pregnant woman may fly on their plane, which can range from prohibiting flying anywhere from 7 to 30 days by the due date. It is your responsibility to check the restrictions of your particular airline. If you are denied boarding, Bold Food will not be responsible for any resulting cancellation fees and charges.
Although not common, most countries reserve the right to disinfect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinfection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information, see: https://www.transportation.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
Direct flights may be “non-stop” or may involve one or more stop-overs (in the latter case this means the same flight by the airline, because the flight number remains the same). The same applies to connecting flights that may be subject to crew changes. When you reserve a scheduled or charter flight involving a stop-over in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time for reaching the second airport. The journey to the other airport is at your own expense. Bold Food will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.
k. Problems related to the issuance of e-tickets
As of June 1st, 2008, the International Air Transport Association (IATA) has imposed new rules with regard to the issuing of air travel tickets. As of that date, travel agencies and airlines have an obligation to only issue travel tickets via electronic means (i.e. electronic ticket or “e-ticket”).
Due to technical constraints to do with airline’s restrictions in relation to certain requirements (infants under the age of 2, inter-airline agreements, groups, etc.), it may be impossible to issue an electronic ticket. Therefore, though a flight may be shown as available, it might prove impossible for us to honor your reservation. This situation, which is outside our control, will not result in liability on our part.
If we cannot issue you an e-ticket, we will contact you to propose an alternative route solution. This could involve a different tariff and/or additional costs for which you would be responsible. In the event of the absence of an alternative solution, your refusal to pay any tariff difference, or if the issuance of tickets proves impossible, we would be forced to cancel your reservation at no cost to you. We will provide you with a full refund within 30 days after determining that there is no alternative solution possible.
14. Cruises. All shore excursions and tours, ground transportation, on board concessions (including, but not limited to, gift shops, spas, beauty salons, fitness centers, gymnasiums, climbing walls, golf programs, art programs, and snorkel concessions) are operated by independent contractors. Additionally, all ship physicians, nurses, and other medical personnel are independent contractors. Bold Food neither supervises nor controls the actions of these independent contractors, nor makes any representation, whether express or implied, as to their suitability. You agree that Bold Food assumes no responsibility, does not guarantee performance, and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to you and/or your property in connection with these services. These services are provided only as a convenience for you; you use them at your own risk.
All cruise itineraries are subject to change due to seasonal weather conditions (and resultant variations in river and tributary water levels) affecting accessibility to locations. Thus navigation routes, times and excursions may need to be modified at the cruise captain’s discretion.
We recommend you call the cruise line or review their informative materials to find out how long before the departure passengers have to check-in. Usually it is 5 hours prior to departure. If Travelers come late to check in they will be denied boarding.
15. Activities Offered During your Trip. Some activities available on our Trips are physically active and interactive, so you must be in good physical condition and health to participate in them. An offered activity may not be appropriate for all ages or for individuals with certain medical conditions. Bold Food may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.
It may happen that certain activities referred to in a Trip description, electronic or other format brochure, and/or other promotional materials are no longer provided by the local provider for climatic reasons, in the event of Force Majeure, during a stay out of the tourist season, or when the minimum number of participants required for providing a given activity is not reached (examples: group sports, children’s clubs). In the early or late season some activities may not be available, some of the facilities (restaurant, swimming pool, etc.) may be closed, or maintenance work may be in progress. As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions. Particularly during the high season, it is possible that the number of parasols, loungers, sports equipment, etc., are insufficient for the demand. The opening hours of bars, restaurants, and discos, etc., may be irregular and dependent on the management of the establishment in question. Bold Food cannot be liable for activities unavailable due to any of the reasons listed above.
YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOLD FOOD SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITY.
16. Marketing Materials and Illustrative Photos. Bold Food endeavors to illustrate the Services it offers using photographs or illustrations that provide a realistic representation of the Services. However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. They are not contractual nor are they to be construed as guarantees of the conditions of the Services pictured at the time of your Trip.
17. Legal Compliance and Proper Conduct. Traveler understands that their participation in a Trip may be terminated if Traveler is disciplined by any civil or criminal authorities, Accommodation or conveyance Suppliers, or if Bold Food, in its sole discretion, determines that Traveler's conduct is incompatible with the interests, safety or welfare of other Travelers or Service providers/Vendors, their employees, or independent contractors. In this event, Traveler is responsible for arranging and paying for their own substitute travel and Accommodations as necessary.
18. Local Customs and Travel Risks. Travelers will be traveling to foreign countries, with different customs, standards, laws and risks than those Travelers are accustomed to. Traveler understands that they must be prepared to cope with the unexpected, with local customs and shortages, with the vagaries of weather, travel and mankind in general. As such, Traveler acknowledges and accepts the risks associated with travel in a foreign country and agrees to release and hold Bold Food harmless for any such problems experienced while participating in their Trip.
19. Age, Fitness and Participation. All Travelers are expected to assess if their physical fitness is sufficient to meet the requirements of their chosen Trip Itinerary prior to booking. Any dietary limitations, or any physical limitations that would hinder walking and standing for a few hours at a time, need to be disclosed to us at the time of booking. Travelers over 60 years of age, or Travelers with prior physical or medical conditions, are advised to check with their doctors should they have any doubts about participation in Itineraries that involve strenuous Activities or when traveling to mountainous, jungle, or other dangerous regions.
20. Medical Emergencies. The quality of medical personnel and facilities vary from region to region and cannot be controlled by Bold Food. In some parts of the world, substandard medical care is common and unavoidable. Hospital facilities are often unavailable and evacuation can be prolonged, difficult and expensive. Bold Food is not responsible for the costs of any medical treatment you may require during a Trip and assumes no liability regarding provision of medical care or lack thereof that you may receive while on the Trip. YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND ALL MEDICAL TREATMENTS YOU MAY REQUIRE OR RECEIVE DURING YOUR TRIP. Traveler releases Bold Food from any liability relating to any such medical care, whether secured by a Service provider on behalf of Traveler, or otherwise, and agrees to be responsible for any and all expenses incurred for said medical care.
21. Use of Information. Bold Food may occasionally use statements and testimonials provided by Travelers, and/or Travelers’ photographs, in marketing materials, on the internet (including social media), and in print publications and advertisements to promote Bold Food. You fully consent to such use of your statements and/or photographs, images, or other likenesses, for marketing or promotional purposes without the payment of any compensation to you, and grant Bold Food a non-revocable license for said use.
22. Traveller Complaints. If Traveller has a complaint about any of their Tour, he/she must bring it to the attention of the Tour leader or other representative of Bold Food at the appropriate time so that they may use their best endeavors to rectify the situation. It is only if Bold Food is made aware of any problems that there will be the opportunity to put things right. Making your complaint known to Bold Food as the problem occurs during your Trip will allow us the opportunity to remedy the situation or facilitate compensation. Should the problem remain unsolved, a complaint must be made in writing to Bold Food within 28 days of the completion of the Tour.
23. Notices. Any notices required or permitted hereunder shall be given:
a. If to Bold Food, via certified mail, return receipt requested, addressed to:
2310 Homestead Road, Suite C1 #406
Los Altos, CA 94024
Or via email to: firstname.lastname@example.org.
b. If to Traveler, at the email or physical address provided by Traveler during the registration process.
c. Such notice shall be deemed given: upon personal delivery; if sent by electronic mail, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.
24. Seller of Travel Registration Information.
a. Bold Food is registered with the California Department of Justice. CST#2127164-40. Registration as a seller of travel does not constitute approval by the State of California.
California law requires certain sellers of travel to have a trust account or bond to protect consumer’s money. This business has a trust account.
b. This business is a participant in the Travel Consumer Restitution Corporation (TCRC).
You, the passenger, may request reimbursement from TCRC if you are owed a refund of more than $50 for transportation or travel services which was not refunded in a timely manner by a seller of travel who was registered and participating in the TCRC at the time of sale. The maximum amount which may be paid by the TCRC to any one passenger is the total amount paid on behalf of the passenger to the Seller of Travel, not to exceed $15,000. * Please note that if you were outside of California at time of purchase, such transactions are not covered by the TCRC.
A claim must be submitted to the TCRC within six months after the scheduled completion date of the travel. A claim must include sufficient information and documentation to prove your claim and a $35 processing fee.
You must agree to waive your right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a claim with the TCRC, if you were located in California at the time of the sale.
You may request a claim form by writing to: Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA94977-6001; or by faxing a request to : 415-927-7698.
Please be advised that Bold Food is a participant in the California Travel Consumer Restitution Fund (TCRF) which is only open to California based companies.
25. Limitation of Liability. IN NO EVENT SHALL BOLD FOOD BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF BOLD FOOD HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL BOLD FOOD’S TOTAL AGGREGATE LIABILITY TO THE TRAVELER FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE TRAVELER TO BOLD FOOD UNDER THIS AGREEMENT.
BOLD FOOD IS ACTING AS A MERE AGENT FOR ALL SUPPLIERS OF ALL TRIPS, SERVICES, AND ACCOMMODATIONS ADVERTISED AND/OR SOLD BY US. ANY AND ALL SUPPLIERS OF TRIPS, SERVICES, AND ACCOMMODATIONS ADVERTISED AND/OR SOLD BY BOLD FOOD ARE THIRD PARTY VENDORS AND BOLD FOOD RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY VENDORS. TO THE FULLEST EXTENT PERMITTED BY LAW, BOLD FOOD DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY VENDORS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS.
26. Disclaimer of Warranties. UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY BOLD FOOD ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BOLD FOOD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY/THROUGH BOLD FOOD. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
27. Indemnification and Release. Except as otherwise set forth herein, Traveler hereby releases Bold Food from any and all liability, loss, expense, damages, or claims arising out of or resulting from Traveler’s participation in a Trip, whether caused by the negligent or reckless conduct of Traveler, a Service Provider, a provider of Accommodations, another third party, or otherwise.
Traveler hereby also agrees to indemnify, defend and hold harmless Bold Food from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys' fees) and expenses, arising out of any claim brought against Bold Food regarding, resulting, or arising from Traveler’s participation in a Trip or Traveler’s performance of this Agreement.
28. Force Majeure. Bold Food shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond Bold Food’ reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, political unrest, natural or nuclear disaster, epidemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power Services, terrorism or any other causes beyond the control of Bold Food or deemed by Bold Food to constitute a danger to the safety and well-being of Travelers. Bold Food reserves the right to cancel any Services described in a Trip Itinerary due to Force Majeure.
29. Disputes: Binding Arbitration, Governing Law, Jurisdiction, Venue, etc. These Terms and Conditions and the relationship between you and Bold Food will be governed by the laws of the State of California without regard to its conflict of law provisions.
You and Bold Food shall attempt in good faith to resolve any dispute concerning, relating, or referring to a Trip, Services sold by us, Credit Card charges, Bold Food’ website, any literature or materials concerning Bold Food, and these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, (hereinafter a “Dispute”) through preliminary negotiations. If the Dispute is not resolved through good faith negotiation, all Disputes shall be resolved exclusively by binding arbitration held in Los Altos, California and presided over by one (1) arbiter. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy shall act as a waiver of the moving party’s right to compel arbitration of any dispute.
You and Bold Food agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute. The Client and Bold Food agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute, shall be the federal and state courts located in Los Altos, California and to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court. YOU RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND BOLD FOOD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION.
30. Attorney’s Fees, Costs, and Expenses of Suit. If any act of law or equity, including an action for declaratory relief or any Arbitration Proceeding, is brought to enforce, interpret or construe the provisions of these Terms and Conditions, a Trip, Bold Food’s website or any literature or materials concerning Bold Food, the prevailing party shall be entitled to recover actual reasonable attorney’s fees, costs, and expenses.
31. Assignment. Traveler may not assign his rights or obligations hereunder without the prior written consent of Bold Food.
32. Severability and Survivability. If any provision, or portion of a provision, in these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Traveler and Bold Food agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.
Notwithstanding any other provisions of this these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.
33. Waiver, Etc. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party's rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. Bold Food does not guarantee it will take action against all breaches of these Terms and Conditions. No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.