TERMS AND CONDITIONS Please read the following information carefully. This constitutes an Agreement between You (the "Customer") and FabioV.com Travel and Information Inc. - On most tours and activities, there is no refund for cancellations. All cancellations must be received by telephone (see contact us) or mail. Should a different policy apply; varying cancellation policies will be noted on the web site on tours/activities where a different policy applies. There is never any refund for cancellations made within 24 hours of the tour/activity date and "no-shows" on the day of the tour/activity. SERVICES PROVIDED: FabioV.com Travel and Information Inc. provides a booking service, and Customer agrees that Fabiov.com Travel and Information Inc. has earned the full price of the booking service collected for processing orders whether or not Customer redeems the tickets or uses the tour/activity services requested. FabioV.com Travel and Information Inc. provides booking services and delivers E-Tickets by the Internet (email), and Customer accepts that this is the service rendered by FabioV.com Travel and Information Inc.. FabioV.com Travel and Information Inc. In booking tickets, FabioV.com Travel and Information Inc. is acting as an agent for customer in obtaining the ticket. Once booked, the ticket is the property of Customer. In conformance with the agency agreement herein, FabioV.com Travel and Information Inc. may charge a portion of the total amount you have authorized to be paid to FabioV.com Travel and Information Inc. and may charge the balance of the total amount you have authorized to be paid directly to the supplier used by FabioV.com Travel and Information Inc. CANCELLATIONS: Please call 305- 812 1780 to speak to one of our representatives about cancellations and changes. Please call between 8:00 am and 5:00 pm Eastern Time. If your call is urgent and you reach voice mail, please leave a detailed message. Be sure to spell your first and last name, and repeat your telephone number twice S-L-O-W-L-Y, so we will be able to reach you. Please provide complete details. Messages are checked first thing every morning and usually at least once an hour throughout the day. Please note that if you are purchasing a tour where FabioV.com Travel and Information is only charging the deposit, the deposit amount will not be refunded. Cancellations can also be done via emails: myreservation@fabiov.com, or mail them to FabioV.com Travel and Information Inc., 1114 Euclid AVE apt 12, Miami Beach, FL 33139. Be sure to include the following: the full name under which the reservation was made, your email address, indicate whether you booked the tour/activity online or by telephone, the date of your tour/activity, the name of the tour/activity that was booked, the date of the credit card transaction (the date you placed your tour/activity order with us), the amount of the transaction, a telephone number where you can be reached if necessary, and a brief explanation of the reason for the credit/cancellation request. - All cancellations must be made with FabioV.com Travel and Information Inc., not directly with individual operators. - FabioV.com Travel and Information Inc. is not responsible for any other travel arrangements affected due to cancellations, whether by the Customer or by FabioV.com Travel and Information Inc. COMMUNICATING WITH FABIOV.COM TRAVEL AND INFORMATION INC. We prefer that you communicate with us by email. Please email us by going to http://fabiov.com/main/page_contactus.html . If you have any problems or questions, please email us from http://fabiov.com/main/page_contactus.html . PAYMENT AND PRICING: - All transactions are conducted in U.S. Dollars. - All services/tours/activities/tickets must be prepaid at the time of booking by credit card. In same cases for Tours and activities FabioV.com Travel and Information Inc. will only charge the Deposit amount. Please note that in case of cancellation the deposit amount is non refundable. - FabioV.com Travel and Information Inc. is unable to obtain authorization with the credit card submitted, Customer will be notified by the system. - All prices and availability will be confirmed to Customer by 24 hours. - FabioV.com Travel and Information Inc. is a retailer of booking services and sets the prices for the services/tours/activities that it sells. Purchases may be subject to a service fee. Any applicable service fee is included in the quoted prices. By placing an order with FabioV.com Travel and Information Inc., you are accepting FabioV.com Travel and Information Inc.'s prices for the services FabioV.com Travel and Information Inc. provides. - Applicable taxes are included in the quoted prices, unless the online brochure page for the tour/activity states otherwise. - If paying for the tour/activity with a credit card, Customer is hereby stating that Customer is the authorized cardholder or that Customer has been authorized by the cardholder to use the credit card. In the event the credit card is dishonored, rejected, or later contested for any reason, Customer agrees to pay the amount indicated on the order form to FabioV.com Travel and Information Inc.. - The rates shown on this web site are FabioV.com Travel and Information Inc.'s rates and are not the rates of any other entity. - "Our Rate" is FabioV.com Travel and Information Inc.'s rate for this tour/activity. This is the rate charged for orders placed internet. GUEST CONDUCT: Abusive or Disruptive Behavior - In the sole discretion of a tour or activity supplier or its guide, driver or agent, any guest deemed to engage in abusive or disruptive behavior during a tour or activity will be warned once that such behavior must cease. If the guest continues the abusive or disruptive behavior, the guest may be removed from the tour or activity and there will be no refund. Should the removal occur some distance from the tour or activity's origination point, the guest will be deposited at a safe public location and will be responsible for providing his/her own transportation back to the origination point. Intoxication - In the sole discretion of a tour or activity supplier or its guide, driver or agent, any guest who appears to be under the influence of alcohol or drugs may be prohibited from the tour or activity. Intoxicated guests will not be allowed to participate and there will be no refund for intoxicated guests so prohibited, or for any companions who choose to not take the tour or activity as a result. Illegal Activity - Illegal activity of any kind by a guest will result in the tour immediately being ended by the tour guide, even if the vehicle is in a remote area. The guest(s) will be removed from the vehicle and law enforcement will be notified. There will be no refund. RECONFIRMATION: On some tours/activities, customer may be asked to reconfirm the tour/activity 24 to 48 hours prior to the tour/activity by calling the telephone number provided on the E-Ticket. Please read the E-Ticket carefully to see if you are supposed to call the tour/activity operator to reconfirm the tour/activity. If Customer is supposed to reconfirm, please call the phone number for the tour/activity operator (FabioV.com Travel and Information Inc..) as the purpose of the call is to confirm the departure time and hotel pick-up (if applicable). When calling to reconfirm, be sure to check the time and find out which entrance at the hotel will be used for the pick-up. PICK-UP TIME, DEPARTURE TIME & LOCATION: It is Customer's responsibility to ensure that everyone in the Customer's party is in the correct pick up location at the correct time. (FabioV.com Travel and Information Inc. recommends that a Customer's party is ready 10 minutes before pick-up time .) Customer's E-ticket will provide the information needed regarding the pick-up time and location or departure point. - Please read the Tour / Activity Reservation Receipt and the E-Ticket clearly to ensure the correct date the Customer wishes to conduct the tour/activity has been entered. There may be no changes or refunds, so it is Customer's responsibility to ensure that the correct date and time are shown. EMAIL: FabioV.com Travel and Information Inc. system sends email automatically to one and only one email address, so be sure the email address listed in the email box on the order form is the address where Customer can receive email needed for this tour. Do not add other email addresses to the comments section, as the system cannot send there. EMAIL ACCEPTED BY CUSTOMER AS PROOF OF DELIVERY: FabioV.com Travel and Information Inc. provide booking services and delivers E-Tickets by the Internet. Customer hereby agrees that Customer has accepted the Internet as the means of delivery for Customer's E-Tickets. Customer further agrees that FabioV.com Travel and Information Inc.'s proof that the E-Tickets were provided online and sent by email establishes legal proof of delivery. It is Customer's responsibility to ensure that Customer prints the E-Ticket from the web page provided by FabioV.com Travel and Information Inc.. DIGITAL SIGNATURE: The PayPal Electronic Records and Signature Act gives the same validity to a digital signature as is given to a signature signed in ink on a contract. Customers order for services from FabioV.com Travel and Information Inc. will be validated by a Digital Signature. Customer certifies by the typed signature that the information provided is correct and the Customer authorizes a charge to the Customer’s credit card for FabioV.com Travel and Information Inc. services. Customer accepts the terms and conditions. The typed version of the Customer’s name is being accepted as the Customer’s original signature pursuant to the Pay Pal Electronic Records and Signature Act . For more information about the Paypal Electronic Records and Signature Act, please visit the following link: http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/policy_privacy-outside GENERAL INFORMATION & POLICIES: The term Customer in these Terms and this Agreement refers to the person who placed the order with FabioV.com Travel and Information Inc. and the person whose credit card was used to make the purchase. - The term tour/activity is used herein to refer to services, tours, tickets, transportation, performances, or activities that FabioV.com Travel and Information Inc. offers. - If you are booking Flights and Hotels FabioV.com Travel and Information Inc. recommend that you purchase travel insurance. - Duration of tour/activity hours is approximate. - Tours/activities may include some element of risk. FabioV.com Travel and Information Inc. assumes no liability for injuries. - No smoking in tour/activity vehicles or aircraft. - Tour guide gratuity is at the Customer’s discretion and is not included. - FabioV.com Travel and Information Inc. reserves the right to alter, modify, or cancel a tour/activity due to traffic, bad weather, unsafe conditions or at the request of governmental, park, and state agencies. - FabioV.com Travel and Information Inc. reserves the right to cancel or change tour/activity content and prices without prior notice. - Tour/activity routes and content are subject to change without notice; tours may not be driven in the order as described in the tour/activity descriptions. From time to time, some of the sights may not be available or seen. - Only those items stated on the web site brochure page are included in the tour/activity. - Only those items stated on the web site brochure page as included in the price of the tour/activity are included; any other items are additional. Meals, for example, are not included unless the brochure specifically states that the cost of the meal is included in the price of the tour/activity. - FabioV.com Travel and Information Inc. is not responsible for delays or service interruption due to mechanical failure, accidents, traffic congestion, acts of God, or other circumstances beyond FabioV.com Travel and Information Inc.'s control. - FabioV.com Travel and Information Inc. is not responsible for lost or stolen articles left on board any form of transportation used on the tour/activity. Must contact the Operator supplies (see confirmation of your reservation email) - Lodging, show, attraction, and other reservations are subject to availability. - For shows and events with seat assignments, all seat assignments are "best available general admission seats at time reservation is made." FabioV.com Travel and Information Inc. will forward any special request to the reservation department but absolutely no guarantees are made regarding actual seat assignments. It is impossible for FabioV.com Travel and Information Inc. or any other vendor to guarantee specific seats. - In the event that a specific show or attraction is not available during customers dates, FabioV.com Travel and Information Inc. will contact Customer with alternative options. It is important to provide detailed contact information when placing the order so FabioV.com Travel and Information Inc. may reach customer with your alternative options. The information, products, and services published on this web site may include inaccuracies or typographical errors. In the event that Customer makes a booking on the web site and FabioV.com Travel and Information Inc. later determines the product was inaccurately priced or inaccurately described, FabioV.com Travel and Information Inc. shall have no obligation whatsoever to honor the booking and the booking may be declared null and void. FabioV.com Travel and Information Inc. shall refund any payment made by Customer. FabioV.com Travel and Information Inc. may, solely at its discretion, offer Customer the product at the correct price or as correctly described. - Special requests, such as smoking or non-smoking rooms and room types, cannot be guaranteed. - Any claim for a canceled tour/performance/event/activity shall be limited to refund of ticket price and service charge paid by the ticket holder. Such claim must be filed within 60 days after the tour/performance/event/activity was to have occurred. - To the extent permitted by law, the management reserves the right to revoke the rights granted herein and refund the purchase price of the ticket. - If notice is required, Customer agrees to notify FabioV.com Travel and Information Inc. by mail at the above address. Notice will be deemed given when received by FabioV.com Travel and Information Inc.. FabioV.com Travel and Information Inc. will not be liable for problems caused by misdirected or undelivered mail. FabioV.com Travel and Information Inc. will direct all correspondence to Customer at the address provided by Customer unless Customer notifies FabioV.com Travel and Information Inc. of a change of address seven (7) days prior to the mailing. - FabioV.com Travel and Information Inc. shall not be responsible for any breach of this agreement caused in part or in whole for any reason outside the reasonable control of FabioV.com Travel and Information Inc.. Customer agrees that at all times this agreement and Customer's purchase and use of services, tours, lodging, or attractions shall be subject to all applicable laws, treaties and border agreements. Customer agrees that Customer shall be responsible for complying with all such laws pertaining to Customer's travel and the use of services, lodging or attractions through the FabioV.com Travel and Information Inc. web site. - FabioV.com Travel and Information Inc. may terminate this agreement and this transaction for any violation of its web site Terms of Use. FabioV.com Travel and Information Inc. reserves the right to cancel this transaction and refund any amounts paid by Customer for unused and cancelable services, tours, lodging, or attractions for good cause, as determined in the sole discretion of FabioV.com Travel and Information Inc. In some instances, cancellation fees will apply. - FabioV.com Travel and Information Inc. accepts advertising, provides Internet services for non-related entities, and provides Information for parties interested in vacation travel. The acceptance of advertising, the provision of Internet services, and providing information IS NOT AN ENDORSEMENT of those entities to which such is provided. FabioV.com Travel and Information Inc. take no responsibility for any errors in information on this site. Use the information provided on this site at customer's own risk and liability. Please always use common sense when completing any transactions, online or otherwise. Written permission is required to copy or publish any part of this site. - All trademarks are the property of their respective owners. All photo copyrights are the property of their respective owners. - FabioV.com Travel and Information Inc. is not connected with or sponsored by any of the venues, teams, performers, events, or organizations unless FabioV.com Travel and Information Inc. expressly indicates that FabioV.com Travel and Information Inc. is an official partner. - Images on FabioV.com Travel and Information Inc.'s website are for factual depiction only. FabioV.com Travel and Information Inc. may have no affiliation with persons or organizations where images appear. LIABILITY DISCLAIMER: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, FABIOV.COM TRAVEL AND INFORMATION INC. AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE TOURS, ACTIVITIES, HOTEL, AIR, CRUISE, CAR, AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND FABIOV.COM TRAVEL AND INFORMATION INC. AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FABIOV.COM TRAVEL AND INFORMATION INC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME. FABIOV.COM TRAVEL AND INFORMATION INC, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY FABIOV.COM TRAVEL AND INFORMATION INC. OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FABIOV.COM TRAVEL AND INFORMATION INC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE SUPPLIERS, CARRIERS, HOTELS, AND OTHER SUPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR FABIOV.COM TRAVEL AND INFORMATION INC. ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF FABIOV.COM TRAVEL AND INFORMATION INC. OR ITS AFFILIATES. FABIOV.COM TRAVEL AND INFORMATION INC AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FABIOV.COM TRAVEL AND INFORMATION INC. AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL FABIOV.COM TRAVEL AND INFORMATION INC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FABIOV.COM TRAVEL AND INFORMATION INC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. INDEMNIFICATION: Customer agrees to indemnify and hold harmless FabioV.com Travel and Information Inc., its affiliate companies, its officers, directors, agents, and employees against any costs, fines, claims, damages, charges, or fees (including reasonable attorney's fees) arising by reason of this transaction. GOVERNING LAW: This agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, excluding its conflict of laws provisions. Any dispute under or in connection with this Agreement or any of the transaction contemplated herein shall be subject to the exclusive jurisdiction of and the personal jurisdiction within the state and federal courts in Florida. Customer hereby waives any objection Customer may have to personal jurisdiction in such courts. In the event Customer defaults on the terms of this agreement, Customer agrees to pay to FabioV.com Travel and Information Inc. all costs, fees, and expenses including reasonable attorney's fees. CUSTOMER AGREES TO USE OF ELECTRONIC RECORDS: By ordering through FabioV.com Travel and Information Inc.'s web-site, Customer agrees to FabioV.com Travel and Information Inc.'s use of electronic records to evidence this agreement. Customer understands that Customer has the right to not consent to the use of electronic records by canceling this transaction. In such event, this will be null and void. Customer consent applies only to this transaction. Customer hereby waives any objection Customer may have to FabioV.com Travel and Information Inc. use of electronic records in court should it be necessary for FabioV.com Travel and Information Inc. to enforce the terms of this agreement. BINDING AGREEMENT: This agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. In all matters contained in this agreement, time is of the essence ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties with regard to Customer's purchase. All prior representations, oral or written, and all prior agreements, oral or written, are no longer valid; this Agreement represents the understanding between the Customer and FabioV.com Travel and Information Inc. This agreement or any portion hereof shall not be construed against the drafting party by reason of that party having drafted the agreement or portion hereof. VALIDITY OF TERMS: If any provision, paragraph, or subparagraph of this agreement is adjudged by any court of law to be void or unenforceable, in whole or in part, the rest of the agreement shall remain in effect. The parties agree that in such event, then the invalid or unenforceable provision will be replaced with a provision or provisions having the same economic effect. WEB SITE TERMS, CONDITIONS, AND NOTICES - DEFINITIONS: - Any reference to "Customer" or "You" includes any family members, friends, employees, agents, or persons accessing and using this web site to purchase or book any product or service. - Any reference to FabioV.com Travel and Information Inc. includes its affiliates and suppliers. - To the extent permitted by law, the management reserves the right to revoke the rights granted herein and refund the purchase price of the ticket. - All contents of this web site are owned by FabioV.com Travel and Information Inc. Copyright 2003 - 2009, FabioV.com Travel and Information Inc. All rights reserved. Last Updated February, 2009 |