Travel documents required are your responsibility – Valid Passports are required for international
destinations. If a passport is required, the expiration date should be at least 6 months following the
return date of your trip. Additionally, a visa and vaccinations may be required. Visit the USA State
Department Web site https://travel.state.gov on a regular basis for information regarding incidence
of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports,
visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel
to your domestic and/or international destination(s), and re-entry into the United States. Required
or advised inoculations you decide to obtain upon the advice of your personal physician are your
responsibility, may need to be administered in a series of doses months ahead of your planned
departure, and such time element should be taken into account by you, when making deposits and/or
nonrefundable final payments. Visit the Web sites of the USA Centers for Disease Control,
www.cdc.gov; and the International Society of Travel Medicine, www.istm.org.
CONSENT TO TERMS AND CONDITIONS
Access to and use of the services of Vivid Getaways and
our website is subject to acceptance of these terms and conditions (“Terms and Conditions”). By
accessing, using or obtaining any content, products, or services through our offices or through our
websites, you agree to be bound by these terms. If you do not accept all of these terms, you may not
use our services or our websites. Engaging Vivid Getaways or using its websites constitutes
acceptance of all terms and conditions, which govern the relationship between Vivid Getaways and
you, the Customer.
TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS.
It is the responsibility of each Customer to be aware of, obtain and carry a valid
passport, visa(s), and all other documents required by applicable government regulations as may be
necessary for any travel services arranged by Vivid Getaways. When travelling domestically or
internationally, the U.S. Transportation Security Administration (TSA) and U.S. Page 2 of 13
Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable
identification in order to board a flight. You may visit https://www.tsa.gov/traveler-information/acceptable-ids for TSA information.
Examples: DHS-designated enhanced driver’s
license, USA Passport, a foreign government passport. The name, date of birth and gender that
appears on the identification card must exactly match the same such data that is listed on airline
ticket(s) and booking records. Vivid Getaways strongly recommends that you take into account that
certain countries will not admit a passenger, if their passport expires within six (6) months of the
date of entry. Non-United States citizens may require additional documentation. Children and infants
also require all such travel documents. Minors traveling with one parent, and/or without both
parents, may be stopped and not admitted, unless authenticated and verified consent forms are
provided to the authorities. For more information on this topic, visit
https://help.cbp.gov/app/answers/detail/a_id/268/kw/travel . The U.S. Customs and Border
Protection Agency requires that for USA child groups under age 19 arriving by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural
organization, or sports team, may also present an original or copy of his or her birth certificate, a
Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent
must be provided to the supervising adult/Group Leader. You acknowledge any failure to strictly
comply with these requirements may result in denied boarding or an undue delay at an airport
security checkpoint causing Customer to miss flight(s), and subsequent scheduled travel bookings on
cruises and tours. Check each supplier’s website to ensure you and all members in your travel group
or party obtain and carry travel documentation required.
INDIVIDUAL ENTRY AND EXIT REQUIREMENTS.
Each foreign country holds different views of past
criminal offenses, whether within or outside of their boundaries. If you have a current or past
offense, and you are unsure how the country you are traveling to (or through) views that offense,
please contact that country directly for entry and exit requirements. (See:
https://travel.state.gov/travel/cis_pa_tw/cis/cis_4965.html) It is Customer’s responsibility to verify
that all the visas required for your trip have been obtained, that the visas for each country are valid
for the entry and exit dates of your visit, that your personal details are accurately reflected, and that
your passport is valid for at least six months beyond the completion date of your trip. Please note
that even when a visa is issued, a traveler may be denied entry since each country’s local immigration
officials make the final entry decision. Several factors including past criminal record may contribute
to the decision of the local immigration official(s). Should a visa not be issued, Vivid Getaways is not
responsible for lost payments made toward the contemplated trip. For example, if traveling to or
through Canada, Americans with a Driving While Intoxicated (DWI) record should always check
whether current rules exclude Page 3 of 13 admission, and potential waivers. (See:
https://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp)
RISKS/SAFETY
Travel to certain destinations may involve greater risk than others. Vivid Getaways
urges customers to remain informed on a daily basis as to current news, as well as to review travel
prohibitions, warnings, announcements and advisories issued by the United States Government prior
to booking travel to international destinations. Information on conditions in various countries and
the level of risk associated with travel to particular international destinations can be found at
https://www.state.gov , https://www.tsa.gov , https://www.dot.gov , https://www.faa.gov ,
https://www.cdc.gov , and https://www.cbp.gov The Smart Traveler Enrollment Program (STEP) is
a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a
foreign country. STEP allows you to enter information about your upcoming trip abroad so that the
Department of State can better assist you in an emergency. Registration is recommended and
provided by going to https://step.state.gov/step/ .By offering for sale travel to particular
destinations, Vivid Getaways does not represent or warrant that travel to such points is advisable or
without risk, and shall not be liable for costs, damages, or losses that may result from travel to such
destinations. Decisions when and where to travel are made by the customer alone. A customer’s use
of Vivid Getaways is made by the customer alone. A customer’s use of Vivid Getaways services
constitutes acceptance of such events at customer’s own risk.
USE OF VIVID GETAWAYS ACCESS AND INFORMATION FOR TRAVEL BOOKINGS.
You warrant
that you are at least 18 years of age and possess the legal authority to enter into this agreement and
to make travel bookings with Vivid Getaways by any means, including our website in accordance
with all terms and conditions herein. You agree to be financially responsible for all of your travel
bookings (as well as for use of your account by others, including, without limitation, minors living
with you). You agree to supervise all usage of Vivid Getaways communications by minors under your
name or account. You also warrant that all information supplied by you or members of your
household transacting business with Vivid Getaways is true and accurate. Without limitation, any
speculative, false, or fraudulent reservation or any reservation in anticipation of demand is
prohibited. You agree that the travel services reservations facilities provided by Vivid Getaways shall
be used only to make legitimate reservations or purchases for you or for another person for whom
you are legally authorized to act. Separate supplier terms and conditions will apply to your
reservation and purchase of travel-related goods and services that you select. You agree to abide by
the terms and conditions of purchase imposed by Vivid Getaways and any supplier with whom you
elect to deal, or with whom Vivid Getaways deals on your behalf, including but not limited to,
payment of all amounts when due and compliance with the supplier’s rules and restrictions
regarding availability and Page 4 of 13 use of fares, products, or services. You understand that any
violation of any such supplier’s conditions of purchase may result in cancellation of your
reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles,
in your forfeiting any monies paid for such reservation(s) or purchase, and in Vivid Getaways
debiting your account for any costs Vivid Getaways incurs as a result of such violation. You shall be
completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel
bookings through Vivid Getaways. Customer authorizes Vivid Getaways to book on third party travel
booking sites to fulfill Customer’s travel requests. Customer ratifies Vivid Getaways’ actions on
Customer’s behalf, including acceptance of such third party’s terms and conditions, which limit
Customer’s rights, and Customer agrees to be bound by such actions. In the event of any
inconsistency or ambiguity of terms, Vivid Getaways shall benefit from the most favorable term(s) in
each instance.
PAYMENTS AND CANCELLATION.
Final payment is due prior to departure according to each
supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel
service vendors) terms and conditions involved in your travel booking. You will be alerted at the time
of bookings of amounts and timing of all required payments. If final and full payment is not received
by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. In
some cases there is NO REFUND once a booking is made and paid for. Your right to a refund if you
change or cancel your travel plans is limited. All cancellation requests must be sent to Vivid Getaways
in writing. As a result of cancellation, Vivid Getaways’ and third party supplier’s cancellation
penalties will apply, which are detailed in your travel documentation, this website, and each of the
supplier’s website. Cancellation penalties are advised at time of booking and provided to you upon
confirmation. If you have any questions, or any penalties are unclear, please contact Vivid Getaways.
All cancellation fees will be charged to the credit card you authorized to pay for travel services, or
deducted from the supplier’s refund.
AIR, CHECK-IN, SCHEDULE RECONFIRMATION. UNLESS SET FORTH IN WRITING, AIRLINE
RESERVATIONS ARE NOT INCLUDED IN YOUR TRAVEL PLANS.
In such event, it is the Customer’s
responsibility to make appropriate air arrangements, as well as transportation to and from the
destination where the travel booking originates and returns. Vivid Getaways shall not assume any
responsibility for any air and/or ground schedule changes. In rare instances, upon departure from a
country, certain departure taxes must be paid in cash only, and may vary in price. Due to enhanced
security, it is strongly recommended that you check in a minimum of 2 hours prior to scheduled
departure for domestic flights and 3 hours prior to scheduled departure time for international flights.
Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and
72 hours prior for Page 5 of 13 international flights. Failure to use a reservation may result in
automatic cancelation of all continuing and return flights, as well as forfeiture of airfares.
LATE BOOKINGS
Prospective customers are advised to reserve early to avoid disappointment and
additional late booking fees.
NO REFUND FOR UNUSED ARRANGEMENTS.
As Vivid Getaways’ are prices that are often times
based on contract rates, there will not be any refund for any unused portion of a travel booking.
Some group tours are based on minimum numbers of passengers traveling; if the number of
passengers falls below the minimum required, a surcharge may be imposed or the tour canceled.
CURRENCY FLUCTUATIONS
Currency exchange rates fluctuate. Prices are subject to change (even
after initial quote/deposit) based upon currency exchange rate fluctuations, provided actual
variations have occurred. Additionally, at any time prior to departure and during actual travel, travel
suppliers and governments may add or introduce a new fee, tax and/or fuel surcharge and client
agrees to pay for such change.
ALTERATIONS TO CONFIRMED BOOKINGS
If you decide to change any portion of your confirmed
arrangements prior to departure or during your trip, we will attempt to assist you at our applicable
administrative charge, depending upon circumstances of the request.
HEALTH/SECURITY/TRAVEL DOCUMENTATION REQUIREMENTS
Each Customer is responsible
to make absolutely certain to have the proper immunizations and required documentation of such
immunizations before travel, and to make the necessary accommodation for security rules imposed
by government authorities. Vivid Getaways shall not assume responsibility for the accuracy of health
requirements or vaccination and/or documentation prior to departure or upon landing at the final
destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must
be recorded by Customer’s health practitioner on a valid vaccination certificate, which the Customer
must carry for proof of inoculation where required. If you are concerned about taking any
medications or receiving certain inoculations, check with your health practitioner BEFORE booking.
Check the USA State Department Website https://travel.state.gov , for relevant information relating
to travel to specific destinations, and the USA Centers for Disease Control
https://wwwnc.cdc.gov/travel/ relating to health issues. For further information relating to security, safety issues, crime, the need for travel documentation (such as passports, visas, proof of
health/vaccination certificates), health hazards, and other restrictions regarding travel to your
domestic and/or international destination(s), and re-entry into the United States visit
https://www.tsa.gov , https://www.dot.gov , https://www.faa.gov.us , https://www.ustreas.gov ,
https://www.cbp.gov on a regular basis for information Page 6 of 13 regarding incidence of disease,
terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of
health/vaccination certificates), health hazards, and other restrictions regarding travel to your
domestic and/or international destination(s), and re-entry into the United States especially your
embassy and https://www.uscis.gov/ for non-USA citizens. (Customer is responsible to make Vivid
Getaways aware when traveling on a passport from a country other than the USA.)
HAZARDOUS MATERIALS
USA federal law prohibits passengers from bringing hazardous materials
on the aircraft. (1) USA federal law forbids the carriage of hazardous materials aboard aircraft in the
passenger’s luggage or on the passenger’s person. A violation can result in five years’ imprisonment
and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives,
compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active
materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio pharmaceuticals. (2) There are special exceptions for small quantities (up to 70 ounces total) of
medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried
on the passenger’s person. For further information, each passenger should contact the relevant
airline representative(s) on their itinerary. Restrictions on hazardous materials are listed
https://www.tsa.gov/travelerinformation/prohibited-items and
https://www.faa.gov/about/initiatives/hazmat_safety/
INSECTICIDE NOTICE
All passengers should check the list of countries that require airlines to treat
the passenger cabin with insecticides prior to the flight or while on the aircraft on the DOT’s website,
as this list is updated from time to time: https://www.dot.gov/office-policy/aviation-policy/aircraft-disinsectionrequirements
E-TICKETS. E-tickets expire a year from issue date unless carrier fare rules in passenger’s itinerary
fare provide otherwise.
LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
Vivid Getaways acts solely as a booking
agent for disclosed principal supplier cruise lines, hotels, airlines, air charters, bus companies,
ground transportation, boat purveyors or owners, and other independent contractors providing
accommodations, transportation, and/or other services (“supplier(s)”), and is not the source or
provider of the travel services. Each of these supplier companies is an independent entity with its
own management and is not subject to the control of Vivid Getaways. Customer is advised that the
suppliers whose names appear in travel documentation actually are those responsible for providing
the travel services purchased, and consents to the use of those suppliers, and understands and agrees
each supplier’s Terms and Conditions are contained in printed form and are set forth on their
respective websites, which govern the transaction. All bookings are Page 7 of 13 accepted by Vivid Getaways as agent for the disclosed travel suppliers on your itinerary. The transportation,
accommodations and other services provided by the identified sea, ground, and air operator
suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders or
vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective
websites. You agree Vivid Getaways is not liable for any personal injury or property damage, which
may arise out of these services. Vivid Getaways hereby disclaims any liability whether based on
contract, tort, strict liability or otherwise, including without limitation liability for any direct,
punitive, special consequential, incidental or indirect damages, in connection with the goods or
services provided by any principal supplier booking through Vivid Getaways’ office or through this
website, including without limitation liability for any act, error, omission, injury, loss, accident, delay
or irregularity which may be incurred through the fault, negligence, willful acts, omissions or
otherwise of such supplier, or of any supplier or their respective employees, agents, servants, or
representatives, including, without limitation, their failure to deliver or their partial or inadequate
delivery of services, fuel increases, and other matters outside of Vivid Getaways’ control, and you
hereby exonerate Vivid Getaways from any liability with respect to the same. The Americans with
Disabilities Act (“ADA”) is only applicable within the United States, and facilities for disabled
individuals are limited outside its borders. A qualified and physically able companion must
accompany travelers who need such assistance. Motorized scooters are unsuitable for many trips.
Transportation services, including many tour motor coaches, are not equipped with wheelchair
ramps. Vivid Getaways will make every effort to honor the price as originally quoted, however; under
certain circumstances additional costs by a supplier or government may be imposed due to an
increase in the cost for one or more of the travel components. Prior to full payment, prices including
US air transactions or air tours (in, to, or from the US) could increase for certain travel services,
including the following: a seat, carriage of passenger baggage, applicable fuel surcharge, or an
increase in a government-imposed tax or fee. US air transaction or air tour prices will not increase
after making full payment, except for charges resulting from government-imposed taxes or fees.
Certain suppliers reserve the right to increase prices to cover increased costs, fuel surcharges, tariffs
and taxes, and to reflect fluctuations in foreign exchange markets. Customer expressly acknowledges
acceptance of these conditions applicable to purchase and authorizes Vivid Getaways to charge
Customer’s credit card for such additional amounts. This consent applies to all travel arranged by
Vivid Getaways for Customer, and may be revoked at any time with respect to future travel for which
Customer has not yet made payment. Five (5) years following the date of Customer’s last travel
booking, this consent expires. Weather conditions, including but not limited to the presence or
absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are Page 8 of 13
clearly outside of Vivid Getaways’ control. Volcanic eruptions, ash clouds, and wind may be
characterized as an adverse weather condition or a natural disaster by suppliers and your travel
insurance company, which is beyond the control of Vivid Getaways. Vivid Getaways reserves the right
to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems
necessary, and to refuse to accept or to retain as a member any person of any tour at any time. Vivid
Getaways shall not assume any responsibility for any air and/or ground schedule changes. FORCE MAJEURE. “Force Majeure” means, in relation to Vivid Getaways, any circumstances beyond
the reasonable control of Vivid Getaways, (including, but without limitation, acts of God, explosion,
flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of
terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine,
government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or
other untoward occurrences). Vivid Getaways shall not be deemed to be in breach of these Terms
and Conditions or otherwise be liable to you, by reason of delay in performance, or by
nonperformance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure. If Vivid Getaways, and/or any of its’ travel suppliers, are
affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion,
vary or cancel any itinerary or arrangement in relation to your trip. Payment of any refund by Vivid
Getaways to you as a result of the non-performance of any obligations hereunder shall remain in its
sole and absolute discretion, although Vivid Getaways shall use its reasonable efforts to reimburse
you where possible. However, Vivid Getaways shall be entitled to deduct from any refund
recoverable the reasonable actual and potential costs to Vivid Getaways of the Force Majeure and
applicable cancellation fees. Regarding civil unrest, once Vivid Getaways has investigated the
prevailing situation, as it deems fit, it shall remain in Vivid Getaways’ sole and absolute discretion
whether to proceed with your trip. You may in such circumstances cancel the trip subject to Vivid
Getaways and each supplier’s terms and conditions.
TRAVEL INSURANCE.
Vivid Getaways offers access to many optional products and services to
enhance every travel experience. Options such as travel insurance protect passengers and their
investment. Unless specifically noted, travel insurance is not included in the cost of customer’s
itinerary to protect against force majeure events, third party supplier default/bankruptcy protection,
delay, interruption, missed connection for cruises, cancellation, medical emergency
transportation/evacuation & repatriation, baggage & personal effects/lost luggage & baggage delay,
illness, job loss protection and change of plans, accidental death and disability, travel
accident/sickness medical expenses, and more. Proper insurance may protect you from financial loss
in almost all circumstances. Without appropriate travel insurance, Customer understands and agrees
that if Customer cancels or interrupts Customer’s travel for any Page 9 of 13 reason, portions of the
trip/tour may not be refunded and Vivid Getaways’ and travel suppliers cancellation penalties will
apply resulting in the loss of monies up to the full cost of Customer’s travel booking and related costs.
The purchase of travel insurance is not required in order to purchase any other product or service
offered by Vivid Getaways. Employees of Vivid Getaways are not qualified or authorized to: answer
technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor
evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge
applies for travel insurance selected.
Alterations in itinerary may be necessitated for any number of reasons, including but not limited to
severe weather at the sole discretion of Vivid Getaways and subject to each supplier’s terms and
conditions. If a property, supplier, activity, or area is deleted for any reason, it may be replaced with a
comparable one.
PHOTOGRAPHS/VIDEOS
Vivid Getaways reserves the right to use any photograph/video taken at
any event or during any travel activity, without the express written permission of those included
within the photograph/video. Vivid Getaways may use the photograph/video in publications or other
media material produced, used or contracted by Vivid Getaways, including but not limited to:
brochures, invitations, books, newspapers, magazines, television, websites, etc. Any person desiring
not to have their photo taken or distributed must contact Vivid Getaways in writing of his/her
intentions and include a photograph.
NO COPYING OR EDITING
No material from this website may be modified, copied, reproduced,
republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a
derivative work, transferred, sold or distributed in any way, without prior written consent from
Vivid Getaways. You may not frame or mirror any material on this website on any other server or
other location. Unauthorized use of any such material on any other website or computer
environment or elsewhere is prohibited.
RESERVATION OF RIGHTS: CHANGES TO THESE TERMS
We reserve the right, in our sole
discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on
this website and are effective immediately on posting. Please check frequently, especially before you
use this website, to see if these Terms changed. Use of the website after any changes to the Terms
constitutes your consent to the changes. Page 10 of 13
ACCESS TO PASSWORD PROTECTED/SECURED AREAS
Access to and use of password protected
and/or secure areas of this website is restricted to authorized users only. Unauthorized individuals
attempting to access these areas of this website may be subject to prosecution.
RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY
We reserve the right to
correct errors and offers are subject to availability. If any part of these Terms and Conditions is
determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and agreement shall continue in effect. These Terms and Conditions
(and any other terms and conditions referenced herein) constitute the entire agreement between the
Customer and Vivid Getaways with respect to travel bookings made with Vivid Getaways by any
means accessing such information, including its website, and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or written. A printed
version of this agreement and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to these Terms and Conditions to the same extent
and subject to the same conditions as other business documents and records originally generated
and maintained in printed form.
COMMENT POSTINGS
You are solely responsible for your own comments, the consequences of
posting those comments, and the consequences of any reliance by you on the comments of others. By submitting your comment, you hereby give Vivid Getaways the right, but not the obligation, to post,
edit, exhibit, webcast, re-use, publish, reproduce, use, license, print, distribute or otherwise use your
comment(s) and accompanying personal identifying and other information you provide via all forms
of media now known or hereafter devised, worldwide, in perpetuity. Vivid Getaways has no
responsibility for the content of any messages, information or materials uploaded, posted,
distributed, or transmitted by anyone who uses www.vividgetaways.com. However, Vivid Getaways
retains the right, but not the obligation, in its sole discretion, to monitor, review, edit, delete or refuse
to post any third-party content that Vivid Getaways, in its sole discretion, deems to be objectionable,
in violation of these Terms and Conditions, or for any other reason or no reason. Vivid Getaways
reserves the right to disclose any information as necessary to satisfy any law, regulation or
governmental request. The content of the Vivid Getaways website, includes without limitation,
copyrighted materials, trademarks and other proprietary information, text, software, photos, video,
audiovisual recordings, graphics, music and sound. The entire contents of the website are
copyrighted as a collective work under the United States copyright laws and/or similar laws of other
jurisdictions. Vivid Getaways owns a Page 11 of 13 copyright in the selection, coordination,
arrangement and enhancement of such content, as well as in the content original to Vivid Getaways.
Third-party content providers own the copyright in content that is original to them.
E-MAIL UPDATES
Vivid Getaways may provide e-mail news service or other prompts to new
content available. Your use of such content received through the e-mail news service will be subject
to these Terms and Conditions.
ADDITIONS AND CHANGES
You agree to review these Terms and Conditions on a regular basis to
be aware of Changes (as defined herein) and any notices we may send to you. Vivid Getaways has the
right, at any time, to: (a) add, change or discontinue any aspect or feature of this website and any
other data, including, but not limited to, content, availability and equipment needed for access or use;
(b) impose, change or modify its Terms and Conditions applicable to your use of the this website,
subscription services, or any part thereof; and/or impose, change or modify the terms and conditions
of these Terms and Conditions (“Changes”). Such Changes shall be effective immediately upon notice
by posting the Changes on Vivid Getaways’ website or by any other method of notice it deems
appropriate.
FOR YOUR INFORMATION
Use of this site is at your own risk. The content is provided “as is” and
without any warranties, express or implied. We disclaim all warranties, including any implied
warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not
warrant that this site will be uninterrupted or error-free, that defects will be corrected, or that this
site or the server that makes it available are free of viruses or other harmful elements. We do not
warrant or make any representation regarding any use of the content or accuracy. We may make
changes or improvements at any time. You assume the entire cost of any loss or damage arising from
the use of this site or its content. We make no warranty that your use of the content will not infringe
the rights of others. We assume no responsibility for errors or omissions in such content. All of the
information on this site is current only as of the date it is posted.
SECURITY AND PRIVACY
Any passwords used for registration on this site are for individual use
only. You may not share your password with anyone. You are solely responsible for the security of
your password and any use of the services by anyone else with whom you share your password. We
may monitor your password and, at our discretion, require you to change it. If you use a password
that we consider insecure, we may require it to be changed or we may end your account. If you
become involved in any violation of system security, we reserve the right to release your details to
system administrators at other sites in order to assist them in resolving security incidents. We
reserve the right to investigate all suspected violations of these Terms and Conditions. Page 12 of 13
We reserve the right to fully cooperate with any law enforcement authorities or court order
requesting disclosure of the identity of anyone posting any e-mail messages, or publishing or
otherwise making available any materials that are believed to violate these Terms and Conditions. By
accepting this agreement, you waive and hold harmless Vivid Getaways from any claims resulting
from any action taken by Vivid Getaways during or as a result of its investigations and/or from any
actions taken as a consequence of investigations by either Vivid Getaways or law enforcement
authorities.
GOVERNING LAW
These Terms and Conditions will be governed and interpreted pursuant to the
laws of the state of Connecticut, without reference to conflict of law provisions. You specifically
consent to personal jurisdiction in Connecticut in connection with any dispute between you and us.
The parties to these Terms and Conditions each agree that any dispute between the parties arising
out of or relating to services provided by Vivid Getaways or these Terms and Conditions, whether
under the terms of agreement between the parties or any applicable law, will be resolved by binding
arbitration, on an individual and not a class-wide basis. You irrevocably waive any rights to bring or
participate in any class action related in any way hereto. No finding or conclusion in any arbitration
proceeding shall be admissible in any other proceeding, and any such finding or conclusion shall be
strictly confidential between the parties. Arbitration costs shall be paid equally by the parties, and a
single arbitrator shall decide all disputes and be empowered to award costs and legal fees as he/she
deems appropriate. Vivid Getaways’ liability in any dispute shall be limited to the amount of any
commission or other earnings it received in connection with the travel services at issue in any
dispute. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will
be deemed severable and will not affect the validity or enforceability of any remaining provisions.
The use of the Vivid Getaways website is unauthorized in any jurisdiction that does not give effect to
all provisions of these Terms and Conditions, including, without limitation, this paragraph. These
Terms and Conditions constitute the entire agreement relating to this subject matter.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items
to which they apply. We may revise these Terms and Conditions at any time.
REGISTERED TRADEMARK NOTICES
If you are aware of an infringement of our brand, please let us
know by e-mailing us julie@vividgetaways.com. We only address messages concerning brand
infringement at this e-mail address. The information and images contained on this website, including
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