Terms and conditions

 

Travelmax Terms and Conditions

By visiting our online properties, contacting our team, or otherwise interacting with Travelmax Global, LLC, Travelmax, SRL, or Discover Peru Group, SRL (collectively “TRAVELMAX”), you (our “CLIENT”) agree to be bound by these Terms and Conditions and our Privacy Policy. If you are unwilling to accept all of these Terms, you may not interact with our team, book travel with us, or access our websites. Please carefully read our Terms and Conditions before using, obtaining, or accessing any of our materials, resources, or services.

TERMS AND CONDITIONS

  1. SERVICES
  1. CLIENT will reserve and purchase tickets and travel and concierge services through TRAVELMAX. To receive these services and make reservations, CLIENT will correspond with Travelmax through email, phone, text, website, or intranet.
  2. Travel and concierge services include bookings and arrangements for hotels, rental cars, tours, cruises, packages, travel insurance, charters, and other travel and event-related items.
  3. To assist CLIENT with provision of Services, TRAVELMAX may offer CLIENT access to Global Distribution Systems (GDSs). CLIENT can use login information for GDSs provided by TRAVELMAX to access terminals on third-party software to make travel bookings. TRAVELMAX does not own or control GDSs in any way.
  4. Some of the services that CLIENT reserves and purchases through TRAVELMAX will be provided to CLIENT directly by the supplier of those services ("Supplier") and not by TRAVELMAX. A Supplier is an airline, hotel, car rental company, or other provider of services of a particular item or component. In addition to the Terms and Conditions contained in the Agreement, CLIENT’s purchases and reservations are also governed by the terms and conditions of the respective Suppliers. Any claims that CLIENT may have in regard to the goods and services purchased or reserved through TRAVELMAX will be addressed to the Supplier.

  1. FEES
  1. All travel rates, information, and taxes are subject to change without notice. Prices are not guaranteed until a reservation is paid in full and CLIENT receives confirmation. TRAVELMAX reserves the right to re-invoice CLIENT’s reservation should an error be made when computing CLIENT’s package price or airline ticket. Adjustments made to the pricing will not be made once full payment has been applied, nor will any subsequent rate reductions be made retroactive. Prices are based on specific dates of travel and are subject to limited availability. Prices may vary based on the actual date of travel, class of service, or hotel booked. Government-imposed airline ticket excise taxes are in effect at the time of electronic posting. TRAVELMAX reserves the right to amend these rules and restrictions at any time without notice.
  2. A fee may be incorporated in the total price of a TRAVELMAX reservation price. This fee, if incorporated, will cover the cost of labor of arranging, facilitating, and processing CLIENT’s purchases.
  3. Packages, hotels, transfers, tickets, cruises, general services, and fees are nonrefundable and non-transferable.
  4. Reservation date changes or services, if permitted by the supplier, are subject to penalty fees.
  5. Purchases related to reservation changes, including but not limited to: name changes, hotel reservation changes, and cancellations due to changes in travel plans, flight delays, early check outs of hotels, and no shows are nonrefundable, unchangeable, and non-transferrable.
  6. For all cancellations, TRAVELMAX requires proper notification. Penalties and refunds will be subjected to Suppliers’ terms and conditions. No refunds will be issued for unused, partially used, or complementary components of reservations.

  1. CLIENT RESPONSIBILITIES
  1. CLIENT agrees to inform TRAVELMAX of cancellations at least 24 hours in advance via email (reservations@travelmax.com) or phone (1 866 898 9696).
  2. CLIENT accepts full responsibility for checking, obtaining, maintaining, and carrying all required documentation for a destination to which he or she travels (passports, immigration cards, visas, and proof of vaccinations).
  3. CLIENT agrees to abide by the terms and conditions set by the Supplier, including, but not limited to, observation of check-in/check-out times and compliance with all rules and conditions related to rates, products, or services.
  4. CLIENT agrees to check in at the airport at least three hours before any international flight and at least two hours before any domestic flight.
  5. CLIENT agrees to confirm flight status and timing 24 hours before departure.
  6. CLIENT accepts that strikes, cancellations, social problems, delays, health conditions, and weather conditions may interfere with travel, that TRAVELMAX is not responsible for these occurrences, and that the financial cost of these occurrences can often be reduced or eliminated through purchasing travel insurance before a trip, which TRAVELMAX can arrange for CLIENT upon request.
  7. For assistance while traveling, CLIENT agrees to call our offices (866) 898 9696 (TRAVELMAX’s hours are Monday to Friday 9:00am to 7:00pm; Saturdays 10:00am to 5:00pm, Eastern Standard Time).
  8. Upon experiencing a health, safety, or other genuine emergency on a trip, CLIENT agrees to call the local emergency phone line to request immediate local assistance.

  1. PAYMENTS BY CLIENT
  1. CLIENT must pay TRAVELMAX for any tickets or travel services at the time of booking, unless CLIENT has entered into a credit agreement with TRAVELMAX.
  2. At its discretion, TRAVELMAX may extend credit to CLIENT. Credit terms shall be established in a separate agreement. All terms in the credit agreement shall supplement these terms of service.
  3. If CLIENT wishes to pay TRAVELMAX via credit card, CLIENT agrees to sign a credit card authorization form and provide TRAVELMAX with a photograph of the front and back of the credit card, as well as a form of identification (passport, drivers license, or state ID card) of the credit card holder.

  1. DEFAULT AND REMEDIES
  1. Default. A default under this Agreement occurs upon any of the following events:
  1. if either party fails to meet or perform any material term, provision, or obligation contained in this Agreement and then does no cure this failure within 30 days after receiving notice from the other party;
  2. if either party becomes a debtor in a bankruptcy proceeding or similar action that is not permanently dismissed or discharged within 60 days; or
  3. if either party becomes insolvent.
  1. Remedies.
  1. If either party defaults, the nondefaulting party may do all of the following:
  1. terminate this Agreement by giving 30 days’ written notice to the defaulting party;
  2. initiate arbitration action against the defaulting party;
  3. seek any other available legal or equitable remedy.
  1. The parties agree that a default may result in irreparable damage for which no adequate remedy may be available. The parties therefore agree that injunctive or other equitable relief – including specific performance – will be available in addition to all other available remedies.

  1. LIMITATION OF LIABILITY

Except for the parties’ obligations under Section 7 and Section 9, neither party to this Agreement will be liable to the other party for any indirect, special, punitive, or consequential damages, including damages based on loss of revenues, profits, goodwill, or business opportunities.

  1. INDEMNITY
  1. CLIENT’s. Except for claims caused by the conduct or negligence of CLIENT, its employees, agents, or any third party that participated with CLIENT’s permission in any of the activities related to providing Services, TRAVELMAX will indemnify and defend CLIENT and its directors, officers, employees, agents, representatives, and affiliates from all claims resulting from a default by TRAVELMAX that has not been cured.
  2. TRAVELMAX’s. CLIENT will indemnify TRAVELMAX and TRAVELMAX’s directors, officers, employees, agents, representatives, and affiliates from all loss or damage caused by the conduct, negligence, or failure to act of CLIENT, its employees, agents, or any third party that participated with CLIENT’s permission in any of the activities related to providing Services. CLIENT will also indemnify and defend TRAVELMAX and TRAVELMAX’s directors, officers, employees, agents, representatives, and affiliates from all claims or penalties resulting from a default by CLIENT that has not been cured.

  1. ASSIGNMENT

TRAVELMAX may assign its interests or duties under this Agreement to any parent, affiliate, successor, or subsidiary that TRAVELMAX may have. TRAVELMAX must notify CLIENT in writing of any assignment within 30 calendar days. CLIENT may not assign its interests or duties under this Agreement without the prior written consent of TRAVELMAX.

  1. CONFIDENTIAL INFORMATION
  1. Confidentiality Agreement. The parties will keep confidential any information that is provided by one party to the other and that is marked confidential. The parties may not use confidential information for any purpose other than performance of this Agreement. TRAVELMAX may provide passengers’ data to the official government authorities upon the authorities’ request.
  2. CLIENT must maintain and keep secure all passwords and login information provided by TRAVELMAX and under no circumstances disclose or share this information with any third parties.
  3. Survival. The covenants in this Section 9 will survive the expiration or termination of this Agreement.

  1. MANDATORY ARBITRATION AGREEMENT

All disputes arising out of or in connection with this Agreement or any transaction hereunder will be finally settled under the Arbitration Rules of the American Arbitration Association then in effect. The arbitration will take place in Miami-Dade County, Florida, or such other place as the parties may agree to in writing. The parties will choose one arbitrator. The process of discovery will be limited to not more than 10 requests for production from each party. Each party will be entitled to conduct not more than two depositions, each lasting maximum of eight hours. The arbitrator’s award will be final and binding. Judgment upon the award rendered may be entered in any court having jurisdiction over the party against which the award is rendered. The parties expressly consent to the jurisdiction of the federal and state courts situated in Florida for the purpose of enforcing any arbitration award rendered pursuant to this Section.

  1. INTELLECTUAL PROPERTY

TRAVELMAX name, brand, and logo are fully registered and protected. CLIENT may not copy, imitate, or share with any third party any proprietary information of TRAVELMAX, including working model formats.

  1. NON-EXCLUSIVITY

Unless otherwise noted, it is understood that neither CLIENT nor TRAVELMAX are bound by any terms of exclusivity. CLIENT has the right to sell products from other vendors. Likewise, TRAVELMAX appoints CLIENT as its non-exclusive independent contractor and will have the right to sell products to other agencies and to the public directly with any conditions.

  1. TERMINATION

CLIENT may terminate this Agreement at any time with or without cause by immediately terminating use of TRAVELMAX’s service. TRAVELMAX may terminate this Agreement at any time with or without cause by immediately terminating provision of its service to CLIENT. Termination of this Agreement for any reason will not discharge either party's liability for obligations incurred under the Agreement and amounts unpaid at the time of such termination.

  1. NOTICES

All notices and other communications required or permitted under this Agreement must be in writing and must be sent to the party at that party’s address set forth below, including the electronic mail address, or at whatever other address the party specifies in writing. Email is considered writing, and will satisfy notice requirements.

  1. MISCELLANEOUS PROVISIONS
  1. Entire Agreement. This Agreement constitutes the sole agreement of the parties with respect to its subject matter. It supersedes any prior written or oral agreements or communications between the parties. It may not be modified except in a writing signed by the parties.
  2. Successors and Representatives. This Agreement binds and inures to the benefit of the parties and their respective heirs, personal representatives, successors, and (where permitted) assignees.
  3. Parties’ Relationship. TRAVELMAX will serve as CLIENT’s service provider. No employer-employee, partnership, joint-venture, or agency relationship exists between TRAVELMAX and CLIENT.
  4. Severability. If any part of this Agreement is for any reason held to be unenforceable, the rest of it remains fully enforceable.
  5. “Including.” Unless the context requires otherwise, the term “including” means “including but not limited to.”
  6. Headings. Headings are for convenience only and do not affect the interpretation of this Agreement.
  7. Applicable Law. Florida law applies to this Agreement without regard for any choice-of-law rules that might direct the application of the laws of any other jurisdiction.
  8. Venue. The parties consent to the venue of Miami-Dade County for resolution of any dispute regarding this Agreement. The parties waive the right to a trial by jury.
  9. Attorneys’ Fees and Costs. The losing party in any litigation or arbitration under this Agreement will pay reasonable attorneys’ fees and costs of the winning party.
  10. No Waiver. No term or condition of this Agreement will be deemed waived, nor will there be any estoppel to enforce any provisions of this Agreement, except by a statement in writing signed by the party against whom enforcement of the waiver or estoppel is sought. Any written waiver will not be deemed a continuing waiver unless specifically stated so, will incorporate only as to the specific term or condition waived, and will not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived. The failure of either party to enforce at any time any of the provisions of this Agreement will not be construed as a waiver of such provisions or of the right of such party thereafter to enforce any such provisions.

TRAVELMAX is operated by Collins Family Ventures, a Delaware LLC.

Address: 3470 NW 82 Avenue, Suite 880, Doral, FL 33122, USA

Telephone:  Toll Free: 1 (866) 896 9696 / US: 305 269 9696 / Peru: (511) 411 8111 / Spain: (34) 911 516785 / Mexico: (52) 55 8526 2961 / Venezuela: (58) 212 335 7689 / Colombia:  (571) 381 9160 / Brazil: (5511) 2391 2540 / Argentina: (5411) 5254 0538

Email: corporate@travelmax.com

These Terms and Conditions come into force on February 1st, 2018.