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KOGNITIV’S TRAVEL BOOKING

Terms and Conditions APPLICABLE TO CUSTOMERS BOOKING IN THE USA

 

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 Kognitiv (US) Corp (“Travel Nation Hockey”) and/or its officers, directors, employees, representatives, affiliates, agents, or subcontractors o/a Travel Nation Hockey (hereinafter referred to as “Travel Nation Hockey”, “we,” or “us”).  Travel Nation Hockey is located at 320 Winding River Lane Suite 105, Charlottesville, VA 22911.

 

The term “Service(s)” as used herein encompasses: 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 Travel Nation Hockey.  The term “Trip” is defined as any Service, or package of Services, offered or sold by us. “Supplier” refers to any provider of the Services we offer. “Itinerary” refers to the particularized schedule for a Trip.  References herein to “Traveler,” “you,” or “client” 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 or cannot otherwise 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 Travel Nation Hockey, you agree to abide by all the Terms and Conditions of the applicable Suppliers without reservation, and to be bound by the limitations therein. If the Supplier’s Terms and Conditions are ever in conflict with the Terms and Conditions of Travel Nation Hockey, Travel Nation Hockey’s will control all issues relating to the liabilities and responsibilities of Travel Nation Hockey.

 

Please read these Terms and Conditions carefully, ask us any questions you have about them and/or consult an 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 box marked “I ACCEPT”. Without this acceptance, the processing of a booking is not possible.

 

 

 

 Table of Contents

 

  1. Eligibility
  2. Modification of Our Terms and Conditions
  3. Prices and Surcharges
  4. Payment Methods
  5. Cancellation, Substitution, and Alteration Policies
  6. Issuing Travel Documents
  7. Travelers with Special Needs or Disabilities
  8. Insurance
  9. Passports, Visas, Reciprocity Fees, and Travel Health Requirements
  10. Accommodations
  11. Activities Offered During your Trip
  12. Air Transport
  13. Game Tickets
  14. Legal Compliance and Proper Conduct
  15. Local Customs, Laws, and Travel Risks
  16. Marketing Materials and Illustrative Photos
  17. Medical Emergencies
  18. Use of Information
  19. Traveler Complaints
  20. Notices
  21. Seller of Travel Registration Information
  22. Limitation of Liability
  23. Disclaimer of Warranties
  24. Indemnification and Release
  25. Force Majeure
  26. Disputes: Mandatory Binding Arbitration Clause, Class Action Waiver
  27. Governing Law, Venue, and Jurisdiction
  28. Attorney’s Fees, Costs, and Expenses of Suit
  29. Severability and Survivability
  30. Assignment
  31. Waiver, Etc.

 

1. Eligibility.  The Services offered by Travel Nation Hockey 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. The Lead Passenger (the Traveler who submits a Trip reservation for others) must be over the age of 18 to purchase a Travel Nation Hockey Trip and agree to these Terms and Conditions. If travelling with a minor, the minor’s parent or guardian accompanying them must accept full responsibility for the minor.

 

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 Travel Nation Hockey or reviewed our Terms and Conditions.

 
3. Prices and Surcharges. 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.

 

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
  • airport taxes, airport transfers
  • excess baggage charges
<>•travel insurance including medical, accidents, lost baggage and/or trip cancellation
  • tips and gratuities
  • costs of any food or drinks not advertised as included in your Trip price
  • any other activities or items not explicitly advertised as included in the price of a Trip in its description.

 

4. Payment Methods. We accept payment by:

 

  1. All Major Credit Cards: Visa, MasterCard, Discover, American Express
  2. Electronic Transfer

 

If payment could not be drawn from your payment card account, we will send you an email or call you regarding the matter. 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.

 

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.

 

5. Cancellation, Substitution, and Alteration Policies.

 

a. Cancellations and Alterations attributable to Traveler

 

  1. Suppliers have their own policies in regards to cancellation or alterations. All Travelers should review those policies prior to purchase.  The Supplier cancellation penalties on payments will be determined by the individual Suppliers and Vendors, not Travel Nation Hockey. 
  2. Changes, cancellations, and refunds may not always be possible. Payments for flights, cruises and other Services may be completely non-refundable due to airlines and Supplier policies.
  3. Cancellation will be applied based on the date on which we receive written notification pursuant to the enclosed section entitled “Notices.”
  4. Any cancellation or alteration of your booking may result in costs that will be billed by our Suppliers, and our administrative costs may be added to these.  In the event of an alteration, these costs will be billed to you. In the event of cancellation, these costs are deducted from the refund payable to you as per this agreement.
  5. The cancellation of your booking for whatever reason does not exempt you from paying all the sums that you owe us.  Any interrupted or shortened stay, or any Service not actually used by you, for whatever reason (in particular in the event that you fail to arrive in time to enjoy the Services) does not entitle you to a refund.
  6. As a general rule alterations, whatever their nature, are treated as a cancellation followed by a new booking, involving the relevant cancellation charges.  These charges will be added to any costs charged by the Supplier, of which you will be informed before the alteration is made.

 

b. 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.

 

c. Cancellations and/or Alterations attributable to Travel Nation Hockey or Force Majeure

 

Particularly as a result of causes beyond our control (i.e. weather and travel conditions, 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 had 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. Travel Nation Hockey 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. We accept no liability for loss of enjoyment as a result of these changes.  Travel Nation Hockey 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.

 

6. 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 Travel Nation Hockey, we do not assume any liability if the Trip is adversely affected or made impossible by the non-receipt of travel documents.

 

7. 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 Suppliers 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. Travel Nation Hockey can make no guarantee as to the ability of any Accommodations, Services, activity provider, or facilities sold or advertised to meet the special needs of disabled clients.

 

Traveler should be aware that each country has its own standards of accessibility for persons with disabilities. Before you travel, visit travel.state.gov/destination and enter a country or area to find information for mobility-impaired travelers in the Special Laws & Circumstances Section.  For flying with disabilities, we recommend calling the Transportation Security Administration’s (TSA) toll free helpline for travelers with disabilities and medical conditions: 855-787-2227, or check TSA’s website, TSA Cares. They can answer questions about screening policies, procedures, and the security checkpoints.

 

8. Insurance.  Optional travel insurance is available for purchase.  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 payments for Trip costs. Purchasing Trip cancellation insurance at a much later date may limit some of the coverage as to pre-existing or other conditions. Travel Nation Hockey 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 Travel Nation Hockey is not responsible for any uninsured losses.

 

9. Passports, Visas, Reciprocity Fees, and Travel 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 Travel Nation Hockey 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. Center 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.

10. 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.  Travel Nation Hockey provides the accommodations for its Trips through third-party Suppliers and retains no ownership or management interest in those Accommodations. Travel Nation Hockey does not guarantee the location or the amenities of the Accommodations nor the performance of the third-party Suppliers.  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. Travel Nation Hockey 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.

11. Activities Offered During Trips.  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 or disabilities. Travel Nation Hockey may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.  Some activities may require signing of a legal waiver due to their inherent dangers.  Participation in those activities is not possible without your signing of the relevant waiver.

 

It may happen that certain activities referred to or described in your Trip description or other promotional materials are no longer provided by the local provider for climatic reasons, in the event of Force Majeure, outside of the local tourist season, or when the minimum number of Travelers 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 nightclubs, etc., may be irregular and dependent on the management of the establishment in question.  Travel Nation Hockey cannot be liable for activities unavailable due to any of the reasons listed above or for any other reason outside of our control.

 

YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAVEL NATION HOCKEY 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.

12. Air Transport.

i. General conditions governing air transport

Travel Nation Hockey’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.   Travel Nation Hockey is not able to specify the type of aircraft to be used by any airline or guarantee seat assignments.  In addition, Travel Nation Hockey 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. Travel Nation Hockey 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.

ii. Flight Times

The flight times given by Travel Nation Hockey 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.

iii. 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. 

iv. 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 Travel Nation Hockey, 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. Travel Nation Hockey cannot accept responsibility for the consequences of delays (such as a cancelled scheduled flight) in the context of connecting transport organized by you.

v. 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 Travel Nation Hockey 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.

vi. Luggage

Travel Nation Hockey 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.  

vii. Pregnancy

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, Travel Nation Hockey will not be responsible for any resulting cancellation fees and charges.

viii. Stop-Overs

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.  Travel Nation Hockey will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.

ix. 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.

13. Game Tickets. The travel arrangements we sell may include game or event tickets, in which case the terms below will apply. Game or event tickets are in all cases issued to you by Ticketmaster Entertainment, Inc. (“Ticketmaster”) and are subject to Ticketmaster’s terms and conditions. In the case of any inconsistency between the terms below and the terms and conditions issued to you by Ticketmaster, the terms and conditions issued by Ticketmaster shall govern to the extent of such inconsistency.

Entry into any game or event is only permitted on production of a valid ticket or pass. We will issue tickets to you in advance of the game or event date but we cannot supply your tickets until we receive them from the relevant team. We may deliver tickets by any appropriate means to ensure that you receive your ticket before you travel, for example by email instead of by mail. If we issue you an e-ticket, you must bring that e-ticket and present it at the check-in point to gain entry to the game or event. You must use the e-ticket issued in your name and no other e-ticket. You must not allow others to use your e-ticket. If someone else has used your e-ticket, you will not be allowed entry. If we issue you with a voucher in place of a ticket, you must present the voucher together with the payment card you used for payment and a valid form of ID to the ticket office in order to obtain your ticket or pass. The team or venue may refuse you entry if you fail to produce all relevant documents.  We accept no liability for any refusal of admission on the basis of failure to produce valid documentation.

The terms and conditions of the relevant team or venue apply to your booking. All attendees must comply with entrance times, behaviour codes and all other requirements of the team and venue, and the team or venue has the absolute right to refuse entry. We shall not be liable for any refusal of admission by the team or venue in accordance with their terms and conditions.

Tickets are non-refundable and non-transferable unless the game or event is cancelled or re-scheduled.

14. Legal Compliance and Proper Conduct.  Traveler understands that their participation in a Trip may be terminated during the Trip if Traveler is disciplined by any civil or criminal authorities, Accommodation or transportation Suppliers, or if Travel Nation Hockey, in its sole discretion, determines that Traveler's conduct is incompatible with the interests, safety or welfare of other Travelers, Service providers/Suppliers, guides, their employees, or independent contractors.  In this event, Traveler is responsible for arranging and paying for their own substitute travel and Accommodations.

15. Local Customs, Laws, and Travel Risks. Some 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 Travel Nation Hockey harmless for any such problems experienced while participating in their Trip.

All Travelers must obey the local laws and regulations of the places they visit on their Trip, including their medicinal and/or recreational drug laws and restrictions regarding alcohol consumption.  Travel Nation Hockey is not liable or responsible for any damages, costs and/or added expenses incurred as a result of Traveler’s failure to obey any local, provincial or federal laws.

Although most travel to participating destinations is completed without incident, travel to certain areas may involve greater risk than others. You assume sole responsibility for your own safety at any destination traveled to.   Travel Nation Hockey cannot not guarantee your safety at any time, and assumes no responsibility for disseminating information to you relating to risks associated with your destination(s).  BY OFFERING OR FACILITATING TRAVEL TO CERTAIN DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

16. Marketing Materials and Illustrative Photos. Travel Nation Hockey 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. Medical Emergencies. The quality of medical personnel and facilities vary from region to region and cannot be controlled by Travel Nation Hockey.  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. Travel Nation Hockey 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 AND EVACUATIONS YOU MAY REQUIRE OR RECEIVE DURING YOUR TRIP.  Traveler releases Travel Nation Hockey 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.

18. Use of Information.  Travel Nation Hockey 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 Travel Nation Hockey.  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 Travel Nation Hockey a non-revocable license for said use.

19. Traveler Complaints.   If Traveler has a complaint about any of their Trip, please bring it to the attention of Travel Nation Hockey at the appropriate time so that we may use our best endeavors to rectify the situation. It is only if Travel Nation Hockey is made aware of any problems that there will be the opportunity to put things right. Should the problem remain unsolved, a complaint must be made in writing to Travel Nation Hockey within 30 days of the completion of your Trip.

20. Notices. Any notices required or permitted hereunder shall be given:

                a. If to Travel Nation Hockey, via email to: customercare@travelnationhockey.com

                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.

 

21.  Seller of Travel Registration Information.

 

  1. California: Travel Nation Hockey is registered with the California Department of Justice.  CST#2131323. 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 bond in the amount of $10,000 with Hudson Insurance Company.
  2. Florida Registration No: ST41022
  3. Iowa Registration No: 1379
  4. Washington Registration No: 604-147-868

22. Limitation of Liability. IN NO EVENT SHALL TRAVEL NATION HOCKEY 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 TRAVEL NATION HOCKEY 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 TRAVEL NATION HOCKEY’S TOTAL AGGREGATE LIABILITY TO THE TRAVELER FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE TRAVELER TO TRAVEL NATION HOCKEY UNDER THIS AGREEMENT.

TRAVEL NATION HOCKEY OFFERS VARIOUS SERVICES PROVIDED BY THIRD PARTY SUPPLIERS. TRAVEL NATION HOCKEY RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY SUPPLIERS.  TO THE FULLEST EXTENT PERMITTED BY LAW, TRAVEL NATION HOCKEY 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 SUPPLIERS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS.

23. Disclaimer of Warranties. UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY TRAVEL NATION HOCKEY ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRAVEL NATION HOCKEY 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 TRAVEL NATION HOCKEY. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. 

24. Indemnification and Release. Except as otherwise set forth herein, Traveler hereby releases Travel Nation Hockey 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 Travel Nation Hockey 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 Travel Nation Hockey regarding, resulting, or arising from Traveler’s participation in a Trip or Traveler’s performance of this Agreement.

25. Force Majeure. Travel Nation Hockey 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 Travel Nation Hockey’s 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 Travel Nation Hockey or deemed by Travel Nation Hockey to constitute a danger to the safety and well-being of Travelers.  Travel Nation Hockey reserves the right to cancel any Services described in a Trip Itinerary due to Force Majeure.

26. Disputes: Mandatory Binding Arbitration Clause, Class Action Waiver.  These Terms and Conditions and the relationship between you and Travel Nation Hockey will be governed by the laws of the State of Virginia without regard to its conflict of law provisions.

 

You and Travel Nation Hockey shall attempt in good faith to resolve any dispute concerning, relating, or referring to a Trip, Services sold by us, Travel Nation Hockey’ website, any literature or materials concerning Travel Nation Hockey, 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 Charlottesville, Virginia and presided over by one (1) arbiter. The arbitration shall be administered by JAMS or a similar ADR organization pursuant to JAMS 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 RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND TRAVEL NATION HOCKEY 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.

 

27. Governing Law, Venue, and Jurisdiction. The Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Virginia, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. You and Travel Nation Hockey agree to submit to the personal jurisdiction of the federal and state courts located in Charlottesville, Virginia with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or any other Dispute related to these Terms and Conditions not covered by our Binding Arbitration clause. Client and Travel Nation Hockey 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 Charlottesville, Virginia, 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. 

 

28. 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, or any literature or materials concerning Travel Nation Hockey or your Trip, the prevailing party shall be entitled to recover actual reasonable attorney’s fees, costs, and expenses.

29. 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 Travel Nation Hockey 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.

30. Assignment.  Traveler may not assign his rights or obligations hereunder without the prior written consent of Travel Nation Hockey.

31. 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.  Travel Nation Hockey 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.