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Terms of Service
The following Terms of Service apply to the operations of www.sapsanticket.com, www.expresstorussia.com, www.russianrail.com , www.transsiberianexpress.net, www.russiancruisecompany.com, and any other websites on which these Terms of Service appear (collectively, the “Websites”). The Websites are operated and provided to you by Trans-Europe Express LLC Ltd. and our affiliated entities (“Trans-Europe Express LLC”, “we”, “us” and “our”). References to “you” or “your” in these Terms refer to you, the user of the Websites and/or Services (as defined below) and/or the applicable tour participant on whose behalf you are using the Services, for which you acknowledge and agree you have all necessary rights to bind to these Terms. Your use of the Websites as well as any of the services or products that may be offered on the Websites from time to time, including those set forth herein (collectively, the Websites, the services and/or the products are hereinafter referred to as the "Services") are at all times subject to the following Terms of Service (these “Terms”).
These Terms state the terms and conditions under which you may use the Services. Please read this page carefully. This is an agreement between you and Trans-Europe Express LLC. If you do not accept these Terms, do not use the Services.
WE OFFER THE SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
Section 1. Travel and Related Booking Services.
(a) Hotels. In connection with your booking of any hotel or property through our Websites, the following terms shall apply:
- General Terms. You may only book the hotel or property normal vacation, holiday or business travel use. The number of occupants must not exceed the maximum occupancy as stated on the Website, unless prior permission is given to you for an accommodation. Pets/animals are not allowed except by prior consent of the owners/operators of the applicable facility. Please check your reservation documentation carefully to ensure that you have properly booked the correct number of guests. You are responsible for ensuring that upon vacating the property or hotel that the accommodation is left as the you found it, clean and tidy, and removing all personal belongings, food, groceries, refuse/rubbish.
- Hotel Specific Terms. For hotels, if you cancel your reservation at any time prior to the seven (7) day period before your scheduled check in, you will be refunded your reservation charge minus a 50 USD cancellation fee for processing such cancellation and related undertakings. Notwithstanding the foregoing, you will not receive a refund for non-refundable extra services, as identified to you at the time of booking in accordance with these Terms. If you cancel your reservation at any time during the seven (7) day period before your scheduled check in or fail to check in as scheduled, you will be charged a cancellation fee equal to one (1) night´s accommodation per hotel room booked. If you end your stay early, you will also be charged a cancellation fee equal to one (1) night’s accommodation per hotel room booked. In addition to the foregoing, each hotel may have additional terms and conditions with respect to cancellation, which can be found on each individual hotel page on the Websites and are incorporated herein by reference. Payment and cancellation terms for packaged tours are located on each individual tour page and are incorporated herein by reference. Payment procedures may differ depending on the tour chosen. All cancellations must be made in writing and sent by email to the email set forth on your reservation confirmation email.
- Check-In and Check-Out Times. We typically request that hotels booked through our Websites do their utmost to facilitate immediate check-in for its travelers, however, this is not guaranteed. Most hotels allow check-in to take place during the mid-afternoon. Usual check in time is at 2:00PM and check out is at 12:00 noon. Should you wish to have your room ready for immediate check-in, we can arrange this for an additional charge. Please contact us for details and prices.
- You and your registered guests and permitted visitors are required to conduct yourselves in a manner acceptable to both the local management company, and to fellow visitors. Disruptive behavior caused by loud music and/or late night/early morning rowdiness will not be tolerated. You understand and agree that the failure to comply with the above policy will result in you and/or your registered guests and permitted visitors being ejected from the property without notice, for which the applicable cancellation and/or early departure fees above shall apply.
- Accommodation Availability. All accommodations offered are subject to availability at the time of booking. You understand and agree that if for any reason the accommodation originally reserved is not available, we will undertake to provide you with alternative accommodations of a similar standard. If a hotel accommodation that was offered and paid becomes unavailable, we will endeavor to offer you alternative accommodations or a full refund on request, which refund will usually be made within two (2) days of your submission.
- Accommodation prices. We strive to offer our customers, including you, competitive rates for hotel, bed, and apartment accommodations. In some cases, this can result in a discount of up to 50% off of published rates. In other cases, and especially when working with former State owned hotels with local management and many of the smaller bed and breakfasts, rates change frequently and prices may be below and in some cases above published rates due to price fluctuation. This being said, the prices listed on the Websites will usually still be competitive when compared to other available prices. You understand and agree that if prices are above published rates, the difference in price shall be considered a service fee for reserving the hotel (many of the hotels are extremely hard if not impossible for individuals to book themselves).
- Additional Hotel Charges. You are responsible for all other charges not included in your voucher (meals, phone calls, laundry and mini bar, etc.). These payments must be made directly to the hotel at check out.
(b) Tours and Excursions. In connection with your booking of a tour, excursion and/or Trans-Siberian tour through our Websites, the following terms shall apply:
- Payment and Cancellation policy for Tours and Excursions. Payment for tours and excursions (excluding Trans-Siberian tours), requires a thirty percent (30%) deposit at the time of booking and the entire tour must be fully paid thirty-one (31) days prior to your scheduled departure. You acknowledge and agree that if you cancel your tour or excursions (excluding Trans-Siberian tours) sixty-one (61) or more days prior to your scheduled departure, a fee equal to fifteen percent (15%) of the entire tour/excursion package will be charged. You further acknowledge and agree that if you cancel your tour or excursions (excluding Trans-Siberian tours) sixty-one (61) days to fifteen (15) days prior to your scheduled departure, a fee equal to thirty percent (30%) of the entire tour/excursion package will be charged. Finally, you acknowledge and agree that if you cancel your tour or excursions (excluding Trans-Siberian tours) fourteen (14) days or less prior to your scheduled departure, a fee equal to one hundred percent (100%) of the entire tour/excursion package will be charged.
- Payment for Trans-Siberian tours, requires a thirty percent (30%) deposit at the time of booking and must be fully paid sixty-one (61) days prior to your scheduled departure. You acknowledge and agree that if you cancel your Trans-Siberian tour sixty-one (61) or more days prior to your scheduled departure, a fee equal to fifteen percent (15%) of the entire Trans-Siberian tour package will be charged. You further acknowledge and agree that if you cancel your Trans-Siberian tour sixty-one (61) days to fifteen (15) days prior to your scheduled departure, a fee equal to thirty percent (30%) of the entire Trans-Siberian tour package will be charged. Finally, you acknowledge and agree that if you cancel your Trans-Siberian tour fourteen (14) days or less prior to your scheduled departure, a fee equal to one hundred percent (100%) of the Trans-Siberian tour package will be charged.
- All other cancellation policies for tours not covered by the above will be listed on the individual tour's web page on the Website.
- Tour rescheduling is equivalent to a cancellation and the same policy applies.
- Claims and Refunds: Refunds are not made for any missed services except for verifiable extenuating circumstances. Please see subsection 1(f) below. For verifiable claims to be considered by us, they must be received in writing within 30 days of the termination of the program and be accompanied by supporting documentation and/or a statement from the applicable tour/excursion company verifying the claim. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Adjustments will not be made for unused sightseeing trips or meals. You acknowledge and agree that we will not accept any liability for any claims that are not received within thirty (30) days of the termination of the applicable travel program. All claims for days missed while traveling should be made in writing within thirty (30) days of the termination of the program.
(c) River Cruises. In connection with your booking of a cruise through our Websites, the following terms shall apply:
- Cruise booking and cancellation policies depend on cruise operating company; the policies are listed on the individual cruise's web page on the Website.
- Claims and Refunds: Refunds are not available for any missed services except for verifiable extenuating circumstances. Please see subsection 1(f) below. For verifiable claims to be considered by us, they must be received in writing within 30 days of the termination of the program and be accompanied by supporting documentation and/or a statement from the applicable tour/excursion company verifying the claim. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Adjustments will not be made for unused sightseeing trips or meals. You acknowledge and agree that we will not accept any liability for any claims that are not received within thirty (30) days of the termination of the applicable travel program. All claims for days missed while traveling should be made in writing within thirty (30) days of the termination of the program.
(d) Railway Tickets Booking Services. In connection with your booking of railway transportation services through our Websites, the following terms shall apply:
- Ticket Ordering and Delivery. Electronic tickets for transportation ordered less than ninety (90) days before departure will be issued and emailed to you within 48 hours after the payment is received. Tickets ordered earlier than ninety (90) days for routes within Russia and sixty (60) days for most international routes will be issued on the first business day after the tickets become available to the public.
- For orders placed earlier than ninety (90) days before the travel time for routes within Russia and sixty (60) days for most international routes, anticipated price will be shown in your order (same as posted on our Website). We will charge you 20 USD per ticket as a non-refundable prepayment amount. When official sales to the public are open we will issue the ticket and we will send you a secure link to pay the remaining amount. In case you decide to cancel the order at this point and not to pay the remaining amount we will keep the prepayment of 20 USD per ticket as a cancellation fee.
- Exchange, Cancellation and Refund Policy.
There is a ticket exchange fee of $20 USD for electronic tickets, plus you shall be responsible for paying any higher ticket prices charged by the applicable carrier. All ticket change requests must be submitted no less than three (3) business days before the departure date.
For Paper tickets, you understand and agree that you must send a request for a refund of ticket at least five (5) business days before the scheduled departure date and the physical, paper tickets must be received in one of our offices (Moscow or Saint Petersburg) in order for a refund to be processed. In the absence of the foregoing, the tickets will be non-refundable. Notwithstanding the foregoing, you understand and agree that paper tickets on the following routes: China-Mongolia-China, Mongolia-Russia and China-Russia are 100% non-refundable.
For Electronic tickets, you understand and agree you must send a request for a refund of ticket at least three (3) business days before the scheduled departure date or no refund will be made.
All cancellations and refunds for tickets are subject to a fee equal to the greater of 30% of the ticket price or $20 USD per ticket.
Train tickets under $20 USD are non-refundable.
To receive reimbursement for tickets canceled at the train station you must send a copy of the receipt to us at the email address set forth on your reservation confirmation.
We will make all refunds according to the current RUB/USD or RUB/EUR exchange rate, based on the date the cancellation is confirmed and completed per the above.
- Notwithstanding anything to the contrary set forth above, in connection with car and minivan transfers, all such transfers are non-refundable within seventy-two (72) hours of execution date.
- Delivery fees. Rail tickets may be collected by you from our local offices. We offer delivery services, in Moscow or St. Petersburg only, for a delivery fee of usually around 15 USD. Delivery to airports and railway stations incurs the applicable transfer fee plus 15 USD. Courier deliveries to other cities or countries will be quoted at market rate and are your responsibility.
It is important that all personal data provided by you when order a rail ticket exactly match your information as set forth in your passport (e.g., use your full legal name, not abbreviations or nicknames). You understand and agree that passengers will not be allowed to board the train if there are more than three (3) differences between the information appearing on a passenger’s rail ticket and the information set forth in the passenger’s passport and other official documentation. Once issued, it is impossible to amend the ticket. Accordingly, you understand and agree that if we need to correct personal data entered improperly at the time of registering for a rail ticket, we will be required to cancel the ticket and rebook the entire trip, which booking will be at the new price offered by the railroad at the time of the new booking. You acknowledge and agree that you are responsible for a $20 USD exchange fee PLUS any additional rate difference between your originally booked ticket and the new ticket if more expensive than your originally booked ticket. Additionally, no transfer of a seat can be made from one passenger to another. As such, you acknowledge and agree that any desired transfer of a seat will require the cancellation of the originally issued ticket and the issuance of a new ticket upon the terms set forth above.
(e) Visa Facilitation Services. In connection with your use of our visa application and facilitation Services through our Websites, you understand and agree that our visa application and facilitation Services are non refundable.
(f) Limits on Our Responsibility. We do not own or operate any entity which is to or does provide goods or services for your trip booked through our Services. We purchase transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers. All such persons and entities are independent contractors. As such, you understand and agree that we shall not be liable for any negligent or willful act of any such person or entity or of any third party. Additionally, you understand and agree that we are not responsible for your personal belongings and valuables or those of your guests.
(g) Travel Advisories. It is your responsibility to become informed about the most current travel advisories and warnings by referring to the U.S. Department of State´s travel website at www.travel.state.gov or by phone at 1-888-407-4747. In the event of an active Department of State Travel Warning against travel to the specific destinations location(s) of the trip, should you still choose to travel, notwithstanding any travel advisory or warning, you assume all risks in doing so, including without limitation, the risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.
(h) Payment. We accept Visa, MasterCard and bank transfers. Payments for all services must be made in accordance with the terms above. Payments for services must be prepaid 100%.
(i) Errors. You understand and agree that you are solely responsible for any costs incurred as a result of incorrect dates or data that you input in connection with our Services. You further understand and agree that we are not and shall not be held responsible for any costs incurred as a result of incorrect dates or data input by you under any circumstances.
(j) Passports and Visas. Passports and visa are solely your responsibility. Visas are required for ALL travelers to Russia, Ukraine and Belarus. We offer a Visa Application and Facilitation Service on our Website to assist you in obtaining visa support letters for Russia. A visa support letter will allow you to obtain a visa from your preferred Russian Consulate. You are encouraged to check with your local Russian Consulate for full details of current requirements and charges. Please note that only the Consulates of Russia have the authority to grant visas and the granting of a visa is entirely at their discretion. We cannot be held responsible for the actions of the Russian Consulates or visas and passports lost in the mail under any circumstances.
(k) Travel Insurance. Travel insurance, which provides cancellation coverage, medical coverage and protection against lost or damaged luggage, is not included in the prices quoted to you on our Websites and is strongly recommended. Click here to learn more.
(l) Contact details. If you fail to provide your correct email address and telephone number with country code, we will not be responsible and you will not attempt to hold us responsible for the failure to receive documents and messages concerning the status of your reservation. In all cases, we reserve the right to cancel reservations when we are unable to contact you if necessary.
Section 2. Additional Terms and Conditions.
Some of our Services may be subject to additional posted terms and/or conditions. Your use of those Services is subject to those additional terms and/or conditions, which are hereby incorporated into these Terms by reference. In the event of any conflict or inconsistency between these Terms and any additional posted terms and/or conditions, the provisions of the additional terms and/or conditions shall control.
Section 3. Intellectual Property Rights; Restrictions and Licenses.
(a) We may include any combination of (i) our own sourced content, (ii) content that our partners or providers create and allow us to use, and (iii) content created by our users, including you. You acknowledge and agree that all materials published on the Websites are protected by applicable copyright and/or trademark law. For purposes of clarity, such materials include without limitation, photographs, marks, logos, written content, illustrations, graphics, images, sound or video clips, and Flash animation, whether owned by us or our partners. You may not modify, sell, license, transfer, publish, transmit, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Websites in whole or in part. The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on our Websites or within our Services are registered and/or common law trademarks of Trans-Europe Express LLC and others. Nothing set forth in these Terms grants you, by implication or otherwise, any license or right to use any of such Trademarks without our written permission or the third party owner of such Trademark. Use of the Trademarks by you is strictly prohibited. We will aggressively enforce our intellectual property rights in the Trademarks to the fullest extent of applicable law.
(b) You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Websites ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable, license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on the Websites, and (ii) distributing Your Content, either electronically or via other media, to users and our partners seeking to download or otherwise acquire it. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
Section 4. Content Disclaimer.
You acknowledge and agree that the Websites contain content that we create as well as content provided by third parties. This content includes, among other things, product and service reviews, endorsements, and advertisements. It also includes information about products and services offered by parties other than us, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on the Website, and you may not rely on any of this content. We undertake to keep all content provided through our Services up to date and accurate, but we cannot guarantee in all circumstances that such content is up to date and accurate and explicitly disclaim any obligation to do so. There may be circumstances where an advertised Service is not available or the terms for such Services have been modified for reasons beyond our control, including without limitation, local circumstances such as maintenance, construction, water shortages, adverse weather conditions, fuel shortages, power outages, and other circumstances beyond our control. We will inform you of any such circumstances as soon as commercially practical, but shall in no circumstances have any liability arising from such unavailability or modification. Additionally, and without limitation to the above, we are not responsible for postings by users in the user opinion, message board, or feedback sections of the Websites, if any, nor are we responsible for the content of any articles on the Websites that are written by third parties. You acknowledge and agree that you may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content or being exposed to such content. We have the right, without obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Section 5. Third-party websites, products, and Services.
(a) The Websites may contain links to other Internet websites owned by third parties. Your use of each of those websites is subject to the conditions, if any, that each of those websites has posted. You acknowledge and agree that we have no control over websites that are not ours, and we are not responsible for any changes to and/or content on them. Our inclusion on the Websites of any third-party content or a link to a third-party website is not an endorsement of that content or third-party site.
(b) Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
Section 6. Our Paid Services.
Many of the Services we offer require you to pay a fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars or in EUR. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. By using our paid Services and/or clicking on the “I Agree” button in any order you submit for our Services, you are agreeing to be bound by these Terms and you authorize Trans-Europe Express LLC to charge your credit card for the payment amount indicated on the payment webpage of Website with respect to the Services you are purchasing. By clicking “I Agree” you are authorizing us to use such consent in lieu of your physical signature and that clicking “I Agree” you are responsible for complying with these Terms. An electronic copy of your acceptance of these Terms will be stored in our systems and will be used to confirm to your credit card company and/or your bank your acceptance of the payment charge.
Section 7. Communications to You.
You understand and agree that our Services may include advertisements, including those sent via your email address if you choose to provide us with such information and consent to receive such communications, and that by utilizing our Services, you agree to receive such advertisements (subject to your affirmative consent to receive same where required by law). You further understand and agree that our Services may include communications from us or from our partners to you and that these communications are considered part of the Services. To opt out of receiving communications from us via email, please email us at unsubscribe@Trans-Europe Express LLC.net or Please be aware that we do not and cannot control the policies of any third parties who distribute any communications to you, except as otherwise provided herein.
Section 9. Registration for Use of the Websites.
(a) In some cases we may require registration prior to use of our Services. If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
Section 10. Your Conduct.
(a) The technology and the software underlying our Services is either owned or licensed by Trans-Europe Express LLC, our affiliates, operators, providers, parent companies, and/or partners for its exclusive use, subject in all cases to all applicable private and public licenses with respect to same. You agree not to sell, assign, distribute, reverse engineer, copy, modify, rent, lease, loan, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Services. You agree not to modify the software underlying the Services in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Services.
(b) Without limiting the prohibitions set forth in Section 10(a) above, you agree that you will not use the Services to (i) transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; (ii) publish, post, upload, e-mail, distribute, or disseminate (collectively, "transmit") any offensive, inappropriate, profane, defamatory, infringing, vulgar, sexually explicit, obscene, indecent, or unlawful content or any hate speech (e.g. racist/discriminatory speech); (iii) transmit files that contain viruses, corrupted files, spyware, trojan horses, worms, time bombs, cancelbots, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, the Services, any software or hardware, or telecommunications equipment; (iv) advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others; (vi) download any file that you know or reasonably should know cannot be legally obtained in such manner; (vii) collect or store personal information about other end users; (viii) restrict or inhibit any other user from using and enjoying any public area within the Websites; (ix) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material comprising a portion of the Services; (x) interfere with or disrupt the Services, servers, or networks; (xi) impersonate any person or entity, including, but not limited to, a Website representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (xii) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Services or to manipulate your presence on the Websites; (xiii) take any action that imposes an unreasonably or disproportionately large load on our infrastructure; or (xiv) engage in any illegal activities.
(c) You agree to use our public forums available on the Websites (each, a “Forum”) only to send and receive messages and materials that are proper and related to that particular Forum.
(d) Unauthorized access to the Services is a breach of these Terms and a violation of the law. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Services, except those automated means that we have approved by us in advance and in writing.
(e) In all cases, use of the Services is subject to existing laws and legal process and you should comply with such laws and legal process at all times. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.
Section 11. Termination, Suspension and Other Rights of the Website.
(a) We at all times have the right, without obligation, to take certain actions with respect to the Services and your use of the Services in our sole and absolute discretion at any time and for any reason without giving you any prior notice, including, without limitation, the right to (i) terminate, suspend, or otherwise restrict your access to all or any part of our Services; (ii) remove, refuse, or move any material that you submit to the Websites for any reason; (iii) remove, refuse, or move any content that is available on the Websites; (iv) deactivate or delete your accounts, if any, and all related information and files in your account; and (v) establish general practices and limits concerning use of the Services.
(b) You agree that under no circumstances whatsoever will we, or our partners, affiliates, operators, or parent companies be liable to you or any third party for taking any of the actions set forth in Section 11(a) above for any reason or no reason at all. You further agree to refrain from bringing any action against us, or our parents, affiliates, operators, or partners for our taking any of the actions set forth in Section 11(a) above for any reason or no reason at all.
Section 12. Requests to Remove Content from the Website.
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please review our Copyright Notice.
Section 13. Indemnification.
Section 14. Disclaimer; No Warranties.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE WEBSITES. THE WEBSITES, THE CONTENT OF THE WEBSITES, AND THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS OR PROVIDERS MAKES ANY WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITES, ANY CONTENT THEREON, OR ANY OF OUR SERVICES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY INJURY, LOSS, DEATH, INCONVENIENCE, DELAY OR DAMAGE TO PERSONAL PROPERTY IN CONNECTION WITH THE PROVISION OF OUR SERVICES OR THE USE OF THE SERVICES OF THIRD PARTIES IN CONNECTION WITH OR PURCHASED THROUGH OUR SERVICES FOR ANY REASON, INCLUDING WITHOUT LIMITATION, ACTS OF GOD OR FORCE MAJEURE, ILLNESS, DISEASE, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, AND UNDER NO CIRCUMSTANCES SHALL OUR TOTAL LIABILITY EXCEED FIVE US DOLLARS ($5.00). THIS LIMITATION IS OUR CUMULATIVE TOTAL LIABILITY FOR ANY AND ALL LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, THE WEBSITES, OR ANY INFORMATION OR MATERIALS ACCESSIBLE THROUGH SUCH WEBSITES, AS WELL AS THE SERVICES PROVIDED BY OUR THIRD PARTY PARTNERS. BY OFFERING FOR SALE BOOKING SERVICES FOR TRAVEL TO PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS SAFE, ADVISABLE OR WITHOUT RISK, AND SHALL NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
You acknowledge and agree that there are certain inherent risks in adventure travel and travel to Russia and the former Soviet Union in general. These include, but are not limited to, risks of white water rafting, kayaking and rafting (for example dangers of rapidly moving water, rocks and other submerged objects, hypothermia, etc), horseback riding, (for example, unpredictable behavior by the horses, being spooked, etc) hiking, walking safaris, downhill or cross country skiing, (for example, equipment failures, ice or other trail obstructions) and in all trips dangers of animals, inaccessibility to medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. YOU ASSUME all such risks with regard to these AND ANY SIMILAR possibilities.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR A THIRD PARTY WITH RESPECT TO THESE TERMS OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES OR AS OTHERWISE SPECIFIED IN THE TERMS.
Section 15. Remedy and Arbitration.
You and we agree to submit any dispute arising under this agreement, with the exception of disputes alleging criminal or statutory violations, to binding arbitration in accordance with the Rules of the Better Business Bureau (Binding). A volunteer BBB arbitrator will render a decision that the arbitrator considers to be fair; in doing so, the arbitrator is not required to apply legal principles. The arbitrator’s decision will be final and binding on both you and us, and judgment on the decision may be entered in any court having jurisdiction. All administrative fees for the arbitration will be paid by the business. Further information about BBB arbitration may be obtained by calling the BBB Serving New Jersey at 609-588-0808. This Agreement to Arbitrate affects important legal rights. Neither of us will be able to go to court for disputes that must be arbitrated.
Section 16. Miscellaneous.
We may be required by applicable law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Websites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Unless otherwise prohibited by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements that you may have with us.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 the remainder of the Terms shall continue in effect.
Section 17. Modification of Terms.
At any time and without notice to you, we may modify these Terms by posting revised Terms on the Websites. Your use of the Websites constitutes your unconditional and binding acceptance of these Terms, including any amendments, revisions, alterations, modifications and/or supplements that we make from time to time in accordance with the provisions of hereof.
Section 18. Contacting Trans-Europe Express LLC.
If you should have any questions or comments regarding these Terms or the Services, you can contact Trans-Europe Express LLC at [email protected].