The FANDEZVOUS Website and other FANDEZVOUS documents display information about events, concerts, artists, travel locations, dates, tours, rates, services, packages, transportation, hotel accommodations, currency, schedules, sponsorships, travel companies, various forms of entertainment and many other things and amenities. Much of this information is supplied to us by Third Parties and we cannot check the accuracy of such information. Many of the goods and/or services which make up your purchase are provided by Third Parties in accordance with their own terms and conditions which may limit or exclude such Third Party’s liability to you. You understand that any violation of any Third Party’s terms and conditions may result in cancellation of your reservation, in your being denied access to the applicable travel/event product or services, in your forfeiting any monies paid for such reservation/event, and/or in our debiting your account for any costs we incur as a result of such violation. FANDEZVOUS’s display of product options offered by Third Parties does not in any way imply, suggest, or constitute any endorsement, partnership, recommendation or approval of such Third Party or its goods or services by FANDEZVOUS. You agree that FANDEZVOUS is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these Third Parties. Your interaction with any Third Party accessed through the FANDEZVOUS Website is at your own risk, and FANDEZVOUS will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Third Party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with any Third Party. We accept no responsibility for information supplied to us by Third Parties and we recommend you confirm all information contained on or linked from the FANDEZVOUS Website with the applicable Third Party. IF APPLICABLE, HOTEL INFORMATION PROVIDED VIA FANDEZVOUS (INCLUDING, WITHOUT LIMITATION, RATINGS, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, AND DESCRIPTIONS OF PROPERTY) ARE PROVIDED BY THE RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS. THIS HOTEL INFORMATION ARE GENERAL GUIDELINES AND WE CANNOT GUARANTEE THEIR ACCURACY. THEY ARE TO BE USED AS A GENERAL GUIDE AND THE RATINGS AND HOTEL INFORMATION MAY BE AMENDED PERIODICALLY BY THE RESPECTIVE SUPPLIERS TO KEEP CURRENT. If for any reason, any Third Party cancels or is otherwise unable to provide the goods and/or services that are included in a FANDEZVOUS offering that you have purchased, in whole or in part, your remedy, if any, lies against that Third Party, and not against FANDEZVOUS. In the event we received payment by credit or debit card, you agree that you will not seek to chargeback or recover your payment or any other losses from us.
Third Party Rules and Restrictions.
ADDITIONAL THIRD PARTY TERMS AND CONDITIONS MAY APPLY TO YOUR PURCHASE, TRANSACTION, OR RESERVATION. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Third Party with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Third Party’s rules and restrictions regarding availability and use of goods, products and/or services. Some hotels or other Third Parties may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by FANDEZVOUS for your hotel booking or other transaction. You acknowledge that some Third Parties offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such Third Party’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable event, product or service, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Transaction Information; Revocable License; Refusal of Admission.
ALL SALES ARE ABSOLUTELY FINAL AND NON-TRANSFERABLE. NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH. Without limiting the foregoing, any and all documents issued to travelers are non–transferable. Such documents may include but are not limited to, concert tickets, VIP passes, airline tickets, hotel vouchers, tour vouchers, or any other document used to confirm an arrangement with a Third Party. Such documents may also be subject to conditions such as, but not limited to, being non–refundable, non–date–changeable and subject to cancellation or amendment fees. It is your responsibility to familiarize yourself with these terms and conditions. The details of the prices, hotels, packages, tours, concerts, artists, events and other information displayed on the FANDEZVOUS Website or a Third Party’s website are subject to change without notice. The goods, products and services described on the FANDEZVOUS Website are subject to availability. The resale or attempted resale of any good, product or service at a price higher than that it was sold for is prohibited and if discovered will result in such good, product or service being voided without refund or other compensation. Any transaction or proposed transaction via FANDEZVOUS and/or the FANDEZVOUS Website may not be used for advertising, promotion (including sweepstakes, contests and giveaways), or other trade or commercial purposes without the express written consent of FANDEZVOUS.
Any package, ticket or other good, product or service purchased from FANDEZVOUS and/or via the FANDEZVOUS Website is a revocable license for the applicable period. Once you have commenced use of any FANDEZVOUS product and/or service, or any portion thereof, FANDEZVOUS reserves the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from any applicable facility or event, and/or withdraw or refuse to begin services or provide goods to any person, who fails to comply with this Policy, the rules of an applicable Third Party, and/or applicable local, state or federal law or ordinance, in whole or in part, or whose conduct is deemed by FANDEZVOUS or the applicable Third Party as disorderly, annoying, illegal, vulgar, abusive, threatening, uncomfortable, aggressive, or out of compliance with this Policy or the applicable Third Party’s terms, conditions, rules or policies (all of the above in this sentence, collectively, “Removal Behavior”). Notwithstanding the foregoing, if FANDEZVOUS determines, in its sole and absolute discretion, that prior to your use of any FANDEZVOUS product and/or service, you engage in or are reasonably likely to engage in any Removal Behavior, FANDEZVOUS shall have the right to refund to you any monies paid from you to FANDEZVOUS related to the product and/or service in question and, without any other compensation to you, cancel all of your purchases made from FANDEZVOUS and/or via the FANDEZVOUS Website (including purchases made for others) and/or refuse to begin any applicable services or provide any applicable goods.
Tickets, Cancellations and Changes.
FANDEZVOUS’s packages and other goods, products and services often include tickets, passes, amenities, merchandise, reservations, experiences and other goods, products, services and items offered, controlled and provided by Third Parties (collectively, “Third Party Items”). For all Third Party Items, FANDEZVOUS acts solely as a third party intermediary between you and various Third Parties who are promoting, producing or otherwise providing or making available the events, amenities, or other goods, products or services for which you purchase tickets, passes, reservations or other means of entry and/or access. FANDEZVOUS provides such Third Party Items on behalf of such Third Parties, which means FANDEZVOUS does not usually set the base room rates or other prices or determine details like times and seating locations, except under certain expressly provided circumstances. Such Third Party Items may be subject to a per-item convenience charge and a non-refundable per order processing fee. In many cases, delivery prices, facility fees and/or ticketing charges will also be owed by you in connection with such Third Party Items. Occasionally concerts or other events are cancelled, in whole or in part, rained out, postponed or rescheduled or certain amenities, artists, performers or other parties or aspects of whatever good, product and/or service applicable to your transaction may be cancelled or altered for any or no reason. Should this occur, we may attempt to contact you regarding applicable procedures, but it is ultimately your responsibility to contact the appropriate Third Party for exact instructions, and FANDEZVOUS shall not be liable for any such cancellations, rain outs, postponements, reschedules or any other changes to the good, product and/or service in connection with your transaction, and your sole remedy shall be with the applicable Third Party.
If you do not receive a confirmation number (in the form of a confirmation web page or e-mail) after submitting payment information, or if you receive an error message or service interruption after submitting payment information, it is your responsibility to confirm with the ticketing company or other appropriate Third Party whether or not your order has been placed and transaction was a success. Most likely, you will be the only one aware of any problems that occur during the purchase process, so it is on you to solve them. FANDEZVOUS will not be responsible or liable for any losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
Additional Representations and Warranties.
Without limiting anything set forth in this Policy, you hereby represent and warrant that (a) you will not violate any applicable laws, ordinances and/or regulations at or in connection with the event(s) and/or activities corresponding to your transactions with FANDEZVOUS, a Third Party and/or via the FANDEZVOUS Website; (b) you are of sufficient legal age and authority to enter into any transaction with FANDEZVOUS, the applicable Third Party and/or via the FANDEZVOUS Website, as well as to participate in the corresponding event or activity, and create legal binding obligations for any liability you may incur as a result of entering into this Policy; (c) you are an authorized user of the credit or debit card used enter into any transaction with FANDEZVOUS and/or via the FANDEZVOUS Website; (d) you shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by any applicable Third Party; and (e) you have obtained any and all passports, visas, health information and/or other permission necessary in connection with your transaction via FANDEZVOUS and/or the FANDEZVOUS Website.
ALL THIRD PARTY ITEMS AND FANDEZVOUS PRODUCTS, GOODS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FANDEZVOUS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
You acknowledge and agree that by purchasing a FANDEZVOUS product, good and/or service and/or attending a corresponding event and/or using any corresponding Third Party Item or other amenity, you may be engaging in activities that may involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, without limitation, those caused by or in connection with: (a) the actions, inactions or negligence of a Third Party, and participants, volunteers and spectators at a corresponding event; (b) conditions of any premises or equipment used; (c) temperature and/or weather; (d) condition of other participants or guests; (e) vehicular traffic; and (f) other risks that are not known or foreseeable at this time.
ALL THIRD PARTIES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF FANDEZVOUS. FANDEZVOUS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FANDEZVOUS HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
Release and Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER FANDEZVOUS NOR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, OWNERS, MEMBERS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES”) WILL BE LIABLE FOR, AND YOU HEREBY RELEASE THE RELEASEES FROM AND AGREE NOT TO SEEK ANY CLAIM AND/OR RELIEF (INCLUDING INJUNCTIVE OR OTHER EQUITABLE RELIEF) INVOLVING, LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS, PACKAGES, AMENITIES, EVENT EXPERIENCES, FACILITIES OR OTHER PRODUCTS, GOODS AND/OR SERVICES OFFERED BY FANDEZVOUS, A THIRD PARTY AND/OR THROUGH THE FANDEZVOUS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF FANDEZVOUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO FANDEZVOUS FOR ANY CORRESPONDING PRODUCTS, GOODS AND/OR SERVICES.
Suitability of Products and Services.
We do not represent that any products and/or services offered by FANDEZVOUS or any Third Party will be suitable for you. Without limiting anything else set forth in this Policy, you release FANDEZVOUS from any claims in relation to the products and/or services described on the FANDEZVOUS Website, including, but not limited to, claims that the products and/or services, including Third Party Items, are not suitable. Third Parties are independent parties over which we have no control. The information and description given about the Third Parties and their products and/or services are based on our inquiries and are believed to be accurate, but we cannot guarantee in respect thereof.
By making any FANDEZVOUS-affiliated transaction contemplated by this Policy, you (and your parent or legal guardian, if you are a minor) hereby irrevocably grant to FANDEZVOUS and its designees, successors, assigns and licensees, the right to film and otherwise record you and use your name, image and likeness in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on or in connection with future FANDEZVOUS-affiliated events, and hereby release FANDEZVOUS and its designees, successors, assigns and licensees from any liability with respect thereto.
You agree to defend, indemnify and hold harmless the Releasees from and against any and all liabilities, claims, damages, costs and expenses, including attorneys’ fees, arising out of, related to or in connection with (a) your use of the FANDEZVOUS Websites, (b) any of your actions and omissions, including your negligence and intentional misconduct, in connection with your relationship with FANDEZVOUS and any applicable Third Party and/or (c) your violation or breach, or alleged violation or breach, of this Policy, including, without limitation, all representations, warranties, terms, conditions, covenants, acknowledgments and agreements herein.
Search, Ejection and Termination.
You and your belongings may be searched upon entry to, or otherwise in connection with your attendance at, any event or premises in connection with your transaction with FANDEZVOUS, a Third Party and/or via the FANDEZVOUS Website. You hereby consent to such searches and forever waive any and all related claims that could arise. If you elect to withdraw such consent to such searches, you may be denied access to the corresponding good, product and/or service without refund or other compensation. Under certain facility rules, certain items may not be brought into certain events or premises, including, without limitation, alcohol, drugs, controlled substances, weapons, cameras, recording devices, laser pointers, strobe lights, irritants, and various forms of containers. Breach of this Policy or any applicable Third Party’s terms, conditions, rules or policies will terminate your license to attend the corresponding event or activity or otherwise enjoy the applicable good, product and/or service, without refund or other compensation.
Many of the problems for which FANDEZVOUS cannot be held responsible for can be insured against. FANDEZVOUS recommends that you take out insurance to provide adequate cover for medical expenses, personal accident, and curtailment or cancellation of your trip. Please note that there are exclusions to coverage of insurance. It is your responsibility to be familiar with the insurance coverage you purchase and ensure that the coverage meets your needs.
Depending on what you purchase from FANDEZVOUS, you (and your guests or other members of your party) may be required to read and sign additional documents, for example, without limitation, a sublessee agreement in connection with a rental property or other documents in connection with a hotel or other accommodations. You hereby agree to execute and deliver to FANDEZVOUS or its designees any and all such documents consistent herewith or otherwise reasonably necessary for your purchase to be fulfilled or to effectuate the purposes of this Policy when and as directed by FANDEZVOUS or applicable authority. In case of your refusal or failure to so execute or deliver, or cause to be so executed and delivered, any document or other instrument herein provided for within three (3) days (unless FANDEZVOUS reasonably requires a response in less time due to exigencies), then in such event, you hereby nominate, constitute and appoint FANDEZVOUS and FANDEZVOUS shall therefore be deemed to be your true and lawful attorney-in-fact irrevocably, to, at FANDEZVOUS’s election, execute and deliver all of such documents and instruments in your name and on your behalf. If you fail or refuse to execute such documents and FANDEZVOUS elects not to execute such documents on your behalf, then FANDEZVOUS reserves the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from any applicable facility or event, and/or withdraw or refuse to begin applicable services or provide applicable goods.
This Policy shall be governed by and construed in accordance with the Florida state laws. Any dispute under this Policy shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Florida and, by making any transaction, including, without limitation, the purchase of any good and/or service, via FANDEZVOUS and/or the FANDEZVOUS Website, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.
Nothing contained in this Policy will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights, if any, or obligations under this Policy. FANDEZVOUS may assign its rights and duties under this Policy without such assignment being considered a change to the Policy and without notice to you. The terms and conditions set forth in this Policy represent the entire understanding and agreement between you and FANDEZVOUS relating to the precise subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by FANDEZVOUS. Any waiver of any provision of these terms must be in writing signed by FANDEZVOUS to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions.