Terms and Conditions of Purchases

Terms and Conditions of Purchases CONGRATULATIONS! You are a smart shopper with a big heart! 1. Qualified Users (“Users”): All users of HumaneTrip.com...
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Terms and Conditions of Purchases CONGRATULATIONS! You are a smart shopper with a big heart! 1. Qualified Users (“Users”): All users of HumaneTrip.com (by Internet, email, phone, etc.) are considered HumaneTrip.com “Users”. HumaneTrip.com Users are invited to access these special rates at the discretion of the Service Provider. Users may make purchases on behalf of others, however the purchaser shall be responsible for all purchases made on this site. We reserve the right to refuse business to any person for any reason whatsoever. 2. Service Provider (“Advantage Services”): Access to the products and services through this system (the “Products and Services”) is made available through special arrangement with the Product and Service “Service Provider” (“Advantage Services”). Advantage Services has been engaged by HumaneTrip.com for the purpose of offering travel aggregator rates to HumaneTrip.com Users. 3. Host Provider: A “Host Provider” is any entity engaged by Advantage Services for the provision of an end-user service (i.e. Resort Lodging, Cruise Cabin, Hotel, Tour, Sporting Event, etc.). 4. Value, Savings and Search Engine Technology: Access to these rates is limited to HumaneTrip.com visitors ONLY. The savings Users will experience when utilizing these travel offers represents rates normally NOT available to the general public. HumaneTrip.com pricing is low on ALL Products and Services due to (a) aggressive cooperation with Host Providers in the promotion of travel and tourism, and (b) use of sophisticated, real-time price shopping technology, and (c) HumaneTrip.com’s commitment to its Users. Both HumaneTrip.com and Advantage Services go to great lengths to provide Users with the best rates. In most cases, these efforts, among others, will provide HumaneTrip.com Users with the best general public rates. 5. Charitable Contributions: In addition to great rates, HumaneTrip.com also donates a portion of every transaction to the People for the Ethical Treatment of Animals (PETA), which uses those funds to support global animal welfare. 6. Product and Service Use: a. HumaneTrip.com offers a variety of Product and Service Options to choose from. Users simply choose from the options listed and enjoy the exciting value. b. When making reservations, the responsible guest must be at least 21 years of age. 7. Product and Service Options: Product and Service Options available through this system will include one or more of the following options: a. Resort Lodging Accommodations 7-night-stay Resort Lodging Accommodations (primarily condominium resorts) Nightly Resort Lodging Accommodations (less than 7-nights) (when available) Listed and purchased on-line

Guests through this system are NOT required to attend a sales presentation b. Hotel Stays Availability includes over 500,000 of the world’s finest Hotels. c. Cruises Availability includes 27 of the most popular Cruise Lines. d. Tour Packages Availability includes over 8,000 of the most popular Tour Packages. e. Sports Travel Packages Availability includes over 5,000 of the most popular Sports Travel Packages worldwide. f. Custom Vacation Packages Design your own dream vacation and enjoy significant savings. g. Destination Activities Choose from over 400,000 exciting and fun-filled activities to enjoy while on vacation. Pre-booking eliminates sold-out events and long waits in the ticket line. 8. Resort Lodging Accommodations: When Resort Lodging Accommodations are listed as Weeks (7-night-stays), these “Weeks” are listed by check-in dates and identified by Resort name, location, unit size, occupancy maximum and weekly (7-night-stay) price. To see your final price, click “BOOK NOW”. The price listed represents the price for an ENTIRE 7-NIGHT-STAY (a “Week”) and includes up to full occupancy. For Example: If the Resort Lodging Week price is $850 for a 2-bedroom unit (sleeps-6), then your per-person equivalent is only $20.24 per-person, per-night ($850 ÷ 6 persons ÷ 7 nights)! 9. Payments and Fees: a. Some Host Providers require additional fees for the use of certain amenities and services (i.e. Utility Surcharge, equipment rentals, extra towel service, extra housekeeping service, Security Deposit, etc.), which are collected by the Host Provider and are the guest's responsibility b. Some accommodations are available at “ALL-INCLUSIVE MANDATORY” properties, and will be identified accordingly. All-Inclusive lodging is a great deal, but Users must understand the concept to appreciate it. All-Inclusive properties require a mandatory purchase of an All-Inclusive package, which is normally inclusive of meals, beverages, activities, etc. This All-Inclusive Fee is in ADDITION to the price paid when purchasing through this system, and is collected by the Host Provider upon checkin, normally charged on a per-person per-night rate. In the event a lodging offer is located at an All-Inclusive Mandatory resort, this will be indicated on the listing with the applicable details. Many travelers insist on traveling ONLY to All-Inclusive properties. If you have not previously traveled by All-Inclusive, it may be difficult to appreciate the concept. To calculate if this is the right fit for you, simply use a calculator and add up the retail cost associated with all of your vacation food, beverage

and activities THEN compare that to the All-Inclusive Fees charged by the resort, and you will often find it to be a savings.

10. Reservation: A Reservation is described as travel accommodations purchased through Advantage Services and/or a Host Provider. 11. CANCELLATION / CHANGE / REFUND POLICY: a. Reservations purchased electronically (On-Line) shall be considered CONFIRMED (purchased) upon the User selecting the purchase, entering their credit card information into the Internet Credit Card payment gateway, and selecting to complete the transaction (i.e. “continue”, “confirm”, “finish”, “purchase”, etc.). b. Reservations NOT purchased electronically (i.e. Reservations purchased by phone, fax, or email) shall be considered CONFIRMED (purchased) upon the User returning the Cruise, Hotel, Tour, or Sports Travel Purchase Agreement to Advantage Services with their payment information. Resort Lodging Accommodations shall be considered CONFIRMED (purchased) upon the User accepting the offer. c. ALL PURCHASES ARE FINAL. NO CANCELLATIONS. NO REFUNDS. There are no cancellations or refunds for any reasons whatsoever, including non-use of the reservation. Use of this system is your express consent to this policy. d. Charge Identification: The charge to your Credit Card will show as a charge from “ADVANTAGE SERVICES”. Please make note of this to avoid a frivolous ChargeBack process due to your failure to recognize this charge. Charge-Backs and other frivolous Credit Card challenges can result in legal action, collections, credit rating marks and refusal of your future business. e. Policy Exceptions: Any waiver of this CANCELLATION / CHANGE / REFUND POLICY (“Policy”) shall be at the sole discretion of Advantage Services. In the event of a conflict between any Host Provider’s Cancellation/Change/Refund policy and this Policy, the Advantage Services Policy shall prevail. In the event Advantage Services should allow a Reservation cancellation or Reservation change, a cancellation/change fee will be required. For a name change to a Resort Lodging Reservation, the name change fee is $50.00 for the initial name change and $100.00 (or higher) when an additional name change is required for the same Reservation. Name change fees for other Reservations (i.e. cruises, tour packages, hotels, etc.) will vary. This Policy and any associated fees may change at any time without notice. Changes will not apply to Reservations purchased prior to such changes. f. Lost Reservations Without Refund: Any loss of a Reservation due to a User or their guest’s failure to comply with the conditions of a Reservation, including without limitation occupancy limits, personal identification requirements, international travel requirements, travel documents, Host Provider rules/policies, etc. shall be lost without any refund or other consideration. Advantage Services hereby disclaims any responsibility or liability whatsoever for Reservations lost due to any act of nature (e.g. hurricane, tropical storm, earthquake, etc.) or act of war.

g. Travel Insurance: Due to the NO Cancellation/NO Refund Policy, it is STRONGLY RECOMMENDED THAT YOU PURCHASE TRAVEL INSURANCE at the time of your Reservation. Advantage Services will include a Travel Insurance option (when available) during your purchase. The terms, conditions, claims, etc. associated with any Travel Insurance policy are set by, and are the responsibility of, the Travel Insurance Host Provider. 12. Reservation Confirmation/Travel Documents: Once your payment for a Reservation is processed, Advantage Services and/or a Host Provider will provide Travel Documents by email for On-Line Reservations, and by either email, fax, or mail for non-electronic Reservations. Travel Documents (i.e. Confirmation Letters, Boarding Passes, etc.) include important information such as check-in/check-out times, travel dates, confirmation numbers, guest names, and additional Terms and Conditions. Travel Documents must not be lost or altered and must be presented when traveling. Replacement of lost Travel Documents may require a fee. 13. Rules: Users and their guests are expected to abide by all rules and policies of the Host Provider, including without limitation, rules of conduct and occupancy limits. 14. Representations: All Reservations are on a space available basis, which will vary according to season, size, location, supply and demand, and advance notice. Advantage Services provides specific Reservation information for Reservations Confirmed through Advantage Services. These reference sources include website content, Advantage Services issued Resort Profiles, etc. All Host Provider accommodations and amenities are subject to change without notice and Advantage Services is not responsible for any such changes. Advantage Services shall not be responsible for any independent representations not provided by Advantage Services. 15. Technology: a. Users will have access to the HumaneTrip.com website 24-hours per day, subject to reasonable downtime for maintenance and other causes outside the control of Advantage Services. b. Users acknowledge that Advantage Services is the sole owner of the HumaneTrip.com website Technology and Advantage Services may also contract for certain additional information technology services, including, without limitation, central reservation systems, independent website hosting, secure credit card processing gateway, etc. (collectively "IT"). Such IT providers are referred to as Advantage Services "Licensors". Users acknowledge that the IT is the intellectual property of Advantage Services. Users shall not directly or indirectly disclose, copy, transfer or allow thirdparty access to any of the IT, and shall not utilize any of the IT for any purpose other than as authorized herein. The IT is subject to the protection of intellectual property laws of the United States of America and all other jurisdictions and was created, compiled, prepared, selected and arranged by Advantage Services and/or its Licensors through the expenditure of substantial effort and resources. The IT constitutes valuable property of Advantage Services and/or its Licensors. c. Users acknowledge and agree that Advantage Services and its Licensors make no representations, warranties or guarantees whatsoever with respect to the IT, its fitness, condition, or the results to be obtained from its use. Advantage Services and its Licensors specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Notwithstanding anything contained herein

to the contrary, Advantage Services shall not be liable for data input errors, lost data or other data related claims. In no event shall Advantage Services and/or its Licensors be liable for any damages of any kind, including, but not limited to, direct, special, indirect, punitive, or consequential damages that may arise at any time or from time to time with respect to any IT, software, program or system, even if Advantage Services and/or its Licensors have been advised of the possibility of such damages. Users specifically agree that neither Advantage Services nor any of its Licensors shall be liable for lost profits, lost business revenue, failure to realize savings, lost data, or other commercial or economic loss of any kind. d. This Technology provision shall confer a third party beneficiary right of action upon Advantage Services Licensors to enforce the terms set forth herein regarding Advantage Services Licensors’ IT. 16. Liability: a. Use of any Products and Services offered by Advantage Services is the User’s express acknowledgement of their consent to the Terms and Conditions of Purchases, including without limitation this Liability section. Advantage Services liability and responsibility hereunder is limited to the service fee paid to Advantage Services for the specific service provided. The User agrees without limitation that Advantage Services shall not be held liable for injury, loss, or damage to persons or property for any reason whatsoever arising hereunder in connection with the use or non-use of any Advantage Services Products and Services, including without limitation any technology, travel services, travel insurance policy or other services provided by Advantage Services or any Host Provider, or while in transit. Any liability of Advantage Services hereunder is limited to those matters related to Products and Services within Advantage Services’ control. b. Some Reservations require additional fees for the use of certain amenities and facilities. These fees are determined and collected at the Host Provider and are the guests’ responsibility. Occupancy taxes and other such fees (e.g. key, security, damage, amenity deposits, etc.) required by some resorts are the guests’ responsibility. c. In the event a guest encounters a problem upon check-in, they must contact Advantage Services immediately. If voice mail is reached, a message must be left in the emergency box and a contact number must be provided. Advantage Services is in constant contact with this service for after hours and weekend messages. Advantage Services reserves the right to correct any problems prior to any User or guest securing alternative accommodations or incurring additional costs. Advantage Services declines financial responsibility for any expense incurred without prior authorization from Advantage Services. If Host Provider accommodations or facilities become unavailable due to any act of nature (e.g. hurricane, earthquake, tropical storms, etc.), or act of war, or for other reasons beyond Advantage Services' control, Advantage Services may attempt to arrange alternative accommodations, but disclaims any liability or obligation to do so. Users are responsible for the actions of their guests. d. Non-Affiliation: Advantage Services and Host Providers are separate and distinct entities. In performing all of the services, obligations and duties described under the Terms and Conditions of Purchases, Advantage Services,, all Host Providers, and all other third-party product or service providers EACH operate as Independent

Contractors and there are no agent relationships between Advantage Services and any such entity. No act undertaken by either Advantage Services or an Independent Contractor within the scope of the Terms and Conditions of Purchases, or outside the scope of the Terms and Conditions of Purchases, shall be construed as an act by either as an agent for the other. Advantage Services and each Independent Contractor assume no responsibility for any claim or loss incurred or sustained in connection with the provision of any products or services of the other. Any actions by an Independent Contractor or Advantage Services in the promotion of the other, including without limitation, website information content or Internet links between websites is provided only as a convenience. The Independent Contractors and Advantage Services have no involvement in the provision of any products or services of the other and the User expressly waives any and all claims against the Independent Contractors and/or Advantage Services, their directors, officers, employees, servants, agents, representatives and Independent Contractors arising from the User’s use of the other’s services. 17. Service Provider and User Relationship: The relationship between Advantage Services and the User is governed by the Terms and Conditions of Purchases (referred to as the “Agreement”). Advantage Services is located at P.O. Box 35076, Las Vegas, NV 89133-5076, Phone: Toll Free from U.S./CAN 877-304-4604, Toll Free from Mexico 01-800-681-1524, Toll Free from Europe 00-800-0012-3333, Direct Dial 702-304-4604, Email: [email protected]. 18. Governing Law: This Agreement is made in the state of Nevada and shall in all respects be governed by and construed in accordance with the laws of that state. Any and all suits for any and every breach of this Agreement shall be instituted and maintained in the courts of Clark County, Nevada and all Users and their guests hereby consent to the jurisdiction thereof. 19. Attorney Fees: In the event litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. 20. Waiver: No waiver by Advantage Services hereto of any breach or default by any User or guest, or of any representation, covenant, warranty, undertaking, term or condition of this Agreement shall be deemed a waiver of any other breach or default (whether prior or subsequent thereto) of the same or any other provision of this Agreement. 21. Changes: This service is subject to change or cancellation at any time without notice. In the event this service is discontinued, all “Confirmed” Reservations shall be unaffected. 22. Trade Names: Humane Travel, Advantage Services, the HumaneTrip.com website (and design) and its content, and other trademarks of Advantage Services’ parent/subsidiary/affiliated companies, are trademarks and/or the confidential and intellectual property of Advantage Services and may not be copied or used in any manner whatsoever without prior written authorization from Advantage Services. Other trade names such as Marriott, Hilton, Carnival Cruise Lines, Royal Caribbean Cruise Lines, etc., are the registered trademarks of their respective owners. All rights reserved. HumaneTrip.com T-Cs (08-24-12)