Travel - Terms of Service

BY ACCESSING OR USING THE MOMENT TRAVEL (“Moment”) WEBSITE, YOU AGREE TO COMPLY WITH THESE TERMS OF USE (“TERMS”) AND ANY OTHER PROVISIONS INCORPORATED BY REFERENCE HEREIN. PLEASE READ THESE TERMS CAREFULLY. DO NOT USE OUR WEBSITE, MOBILE APPLICATIONS OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

These Terms apply to your access to and use of this website, mobile application and online services of Moment. These Terms do not alter, in any way, the terms or conditions of any other agreement or relationship you have with Moment for services or otherwise.

Moment reserves the right, in its sole discretion, to make changes to our site, policies, and these Terms at any time. We encourage you to frequently review the Terms to ensure you understand and/or that you are aware of any changes to these Terms.

1. Website Use. You agree that you will comply with all laws and that you will not violate any law or intellectual property rights of any third party. By accessing and using this website, you acknowledge and agree that you are solely responsible for your actions while using this website and that you will not act in any manner that could damage or disable this website including, but not limited to, introducing any viruses, malware, corrupt data or other harmful, disruptive or destructive file or code. Pursuant to the Digital Millennium Copyright Act and other applicable laws, Moment enforces a policy of terminating, in Moment’s sole discretion, account holders who violate any, or who are deemed to be repeat infringers of, corresponding laws and regulations.

2. Payment. Payment must be made by way of credit card through Moment’s website located at https://shopmoment.com. You are responsible for maintaining the confidentiality of your account and password and for controlling access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. To secure a booking for a group trip, the Company requires that you pay the deposit set forth in the order form. Payment for the trip must be made in full and received by Moment at least ninety (90) days before the trip departure date, or in full upon your reservation if you reserve the trip within ninety (90) days of the trip departure date. If complete payment is not made within ninety (90) days before trip departure, we will treat the booking as canceled by you, and we release your reservation and will retain your deposit.

3. Itinerary. All published information is accurate to the best of our knowledge at the time of posting to this website. NOTE: changes to our trip itineraries (which can be significant) can and do occur. Moment will make every effort to keep booked travelers informed of any changes but cannot be held liable for any alterations made to the published itineraries. Please refer to this website for the most recent update to any trip.

4. Trip Cancellation. We reserve the right to cancel any trip, at any time, prior to the scheduled departure date for any reason whatsoever, including without limitation, insufficient participation, local weather conditions or logistical problems that, in our sole judgment, may impede trip operations. In the event we cancel your trip for any reason whatsoever other than a force majeure event, your sole and exclusive remedy shall be the refund of all payments we received from you as of the date of cancellation. Moment’s payment of the refund shall release us from any and all other or further liability in any way related to such cancellation. We may make payments to our suppliers (hotels, transportation companies, etc.) far in advance of the scheduled trip departure date. Accordingly, if a trip is cancelled due to a force majeure event (e.g. acts of God, war, labor strikes, earthquake, flooding or any other cause beyond our control), we will undertake commercially reasonable efforts to promptly refund the portion of any amounts paid by you that have, in turn, not already been advanced to suppliers. In addition, we will use commercially reasonable efforts to recover and refund to you the balance of your payment amounts that were advanced to suppliers, less our expenses, if any, of such recovery, as promptly as possible. However, we do not guarantee you recovery of any portion of advance payments made to our suppliers. We are not responsible for, and you hereby release and forever discharge us from, any expense or cost incurred by you in preparing for or arising or resulting from a cancelled trip. If you cancel your trip, we will refund your payments as follows*: (a) cancellation 90 days or more prior to trip departure – 100% of your payment, less the $400 deposit, will be refunded; (b) cancellation between 60 - 89 days prior to trip departure - 50% of your payment will be refunded; (c) cancellation between 30 - 59 days prior to trip departure - no refund will be made; or (d) cancellation less than 30 days prior to departure, or during trip – no refund will be made. *In addition to the cancellation terms outlined above, supplementary conditions may apply to specific trips.

5. Insurance. We recommend that you purchase, at your expense, travel insurance that covers adequate personal accident, medical, evacuation and repatriation expenses, as well as cancellation, curtailment, loss of effects and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to you.

6. Passports; Visas. You are responsible for being in possession of a valid passport, visa permits, inoculations and preventative medicines as may be required for the duration of the trip.

7. Indemnification. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Moment from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this website; (b) any content you post, upload, use, distribute, store or otherwise transmit on or through this website; (c) your violation of these Terms; and (d) your violation of any rights of another. You agree to promptly notify Moment of any third party claims arising from your use of this website.

8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOMENT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER SUCH ACTION IS BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR ACCESS OR USE OF THIS WEBSITE.

9. Disclaimer. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE TRANSPORTATION, HOTEL AND OTHER ACCOMMODATIONS, FOOD, GROUND HANDLING AND OTHER SERVICES (TOGETHER “VENDOR SERVICES”) ARE PURCHASED FROM VARIOUS THIRD-PARTY VENDORS AND SUPPLIERS, ALL OF WHOM ARE INDEPENDENT CONTRACTORS AND OVER WHOM WE HAVE NO CONTROL OR AUTHORITY. THE VENDOR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND BY US. EXCEPT AS EXPRESSLY PROVIDED ABOVE, MOMENT MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE TRIP, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10. Release. You will be required to sign our standard Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement ("Release Agreement") prior to departure for your trip. A copy of the Release Agreements is available at https://help.shopmoment.com/article/168-travel-release-agreement.

11. Privacy. All information provided by you is subject to Moment privacy policy found at https://www.shopmoment.com/privacy-policy. If you have any questions or concerns regarding your privacy, please contact us.

12. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of law principles. Venue for any and all actions shall be in the state or federal courts located in King County, Washington U.S.A. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, these Terms will be governed by the laws of the jurisdiction of your residence.

13. Severability. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

14. Waiver. The waiver of one breach or default under this Agreement will not constitute the waiver of any subsequent breach or default. Any and all waivers must be in writing and expressly agreed to by Moment.

15. Eligibility. This website is not targeted towards, nor intended for use by, anyone under the age of 13. By using this website, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on this website. In addition, you may not participate in a Trip unless you are at least 21 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from this website; (b) do not have more than one website account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.

Moment Travel, LLC 55 S Atlantic St Seattle, WA 98134

Updated: 10/30/2018

If you have any additional questions you can email us at travel@shopmoment.com

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