TERMS AND CONDITIONS
We are FestiHopp, LLC ("Festihopp") and we look forward to the opportunity to act as your Booking Agent for your travel needs. These terms and conditions (the "Agreement") apply to any travel product and services ("Trip") you have purchased or booked from FestiHopp, and describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a customer. The terms "we", "us" and "our" refer to FestiHopp. The term "you" refers to the Client visiting our website, booking a reservation through us or otherwise using our services. Please read this Agreement carefully as by booking any product or service with FestiHopp you acknowledge that you: i) have read and understand this Agreement, and ii) indicate your express acceptance of and agree to be bound by this Agreement. This Agreement constitutes the terms between you and FestiHopp with respect to the subject matter thereof and supersedes all prior agreements, representations and understandings of the parties, written or oral.
1. Our Agreement With You
A. Products and Suppliers
Within our trips, we offer a variety of travel-related products from different suppliers and service providers ("Suppliers"). Each Supplier has its own terms and conditions that are applicable to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them. Certain software and content found on our website are owned or licensed by us or our Suppliers, your use of which may be subject to further conditions. Our website, which is referred throughout this Agreement, can be found at www.festihopp.com.
FestiHopp is acting as intermediary or a "Booking Agent" for products and services that are not directly supplied by us (e.g., hotel accommodation and vacation home rentals; ground transportation, tours etc). We are not a co-vendor of such products and services. You will be entering into a separate contract with such Suppliers in connection with such products and services.
B. Booking Conditions
A booking is confirmed and this Agreement shall apply when FestiHopp, or an authorized agent acting on behalf of FestiHopp, has received the applicable deposit and payment from the Client and the Client has received written confirmation from FestiHopp of such booking. At any time before final payment is rendered, FestiHopp reserves the right to increase or decrease prices of any Trips. FestiHopp reserves the right to decline any booking, in their sole discretion.
C. Deposits and Payment
All deposits are non-refundable, and FestiHopp shall retain the amount paid on booking as a cancellation fee, at our sole discretion. Payment of a deposit enables us to hold a reservation for you but does not guarantee the price. The price can only be guaranteed once we receive full payment and other travel documents have been issued, subject to any terms and conditions of the Supplier. We will advise you of the date that full payment is required. Upon your provision of your payment information, you are authorizing us to make the payment arrangements with the corresponding Suppliers.
We reserve the right to refuse personal checks as a method of payment. After full payment, the conditions of the contract with your Supplier may permit them to increase the cost of your arrangements. If we are acting as your Booking Agent, we will pass on any such increase to you as we become aware of such increase. If we have arranged a package, changes in transportation costs including the cost of fuel, taxes, fees and exchange rates mean that the price of your travel arrangements may change after you have paid in full.
FestiHopp products & services are available for purchase using Stripe, a payment processor that offers dynamic currency conversion. Clients are able to book a FestiHopp product or service with 130 different currencies. The currency applied to the Client’s booking will be determined by FestiHopp, in consideration of the booking location of the Client. The Client will be advised of the applicable currency prior to making any payment to us.
Please note that all travel documents for Trips such as itineraries and invoices will be sent electronically and via email to the e-mail address provided at booking. We reserve the right to charge an administration fee should you make a request for such documents to be sent as a hard copy.
F. Cancellations and Changes
FestiHopp will not cancel a booking on any trip once confirmed, in accordance with this Agreement, except for reasons of ‘Force Majeure’, which shall be defined as unusual or unforeseen circumstances outside of the reasonable control of FestiHopp. Your contract with your Suppliers may allow them to cancel or amend bookings. We will ensure that you are promptly notified of any significant changes once we become aware of such change if there is time before your departure, but we accept no liability for any changes or costs incurred that may result. If a trip is cancelled by us before the agreed date of departure for reasons not arising from the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:
(i) accepting from FestiHopp a substitute tour of equivalent or superior value, where such substitute is reasonably available;
(ii) accepting from FestiHopp a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from us the difference in price between the price of the tour originally purchased and that of the substitute tour; or
(iii) accept from FestiHopp a full refund of all monies paid for the cancelled tour.
We reserve the right to issue a full refund in lieu of the choices above, in its sole discretion. Where, after departure, a significant element of the Trip(s) as described cannot be provided, we will make suitable alternative arrangements for the continuation of the Trip(s). If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, FestiHopp will provide the Client a refund of unused Trips or Trip portions.
G. Unused Trips or Trip portions
We shall not offer or pay any discounts or refunds for missed or unused Trips which were missed or unused by the Client due to no fault of FestiHopp or its Suppliers, which shall include any termination of the Client’s participation in the tour due to the Client’s own fault, negligence or breach of this Agreement.
H. Refusal of Service
We retain the right to refuse service to any Client at any time, for any lawful reason whatsoever, in its sole discretion.
I. Force Majeure
FestiHopp shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for our failure to commence, perform and/or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of FestiHopp; or an event which we or the Supplier, even with all due care, could not foresee.
2. Your Agreement With Us
A. Booking Contract
By booking a Trip with us or through our website, you are agreeing to be bound by the terms of this Agreement, including Parts 1-3 of this Agreement and any additional terms and conditions of any Supplier that are applicable to your booking, travel arrangements or use of any website content. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in: (i) the cancellation of your reservation or purchase; (ii) your forfeiture of any monies paid for your reservation or purchase; (iii) you being denied access to the applicable Trip or Trip portion, and (iv) our right to debit your account for any costs we incur as a result of such violation.
You represent and warrant that the Client confirming the booking is no less than 21 years of age and agrees to provide full, complete and accurate information as requested by FestiHopp to confirm such booking. Any Client confirming a booking of any Trip with more than one Client named and booked on such booking represents and warrants to FestiHopp that: (i) you are authorized with the requisite consents to make such a booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so; (ii) the information that you are providing regarding all clients is complete and accurate, and you have obtained all necessary consents and permissions to share such information with FestiHopp for the purposes of completing the booking; and (iii) you will inform all other named Clients on the relevant booking of the applicability of this Agreement to the booking and the Clients’ relationship with FestiHopp. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.
Late Booking: If a Trip is booked less than 45 days before the departure date of the first Trip to depart (of the Trips included in such booking) then the full amount is payable at the time of booking in order for the booking to be confirmed. If, for any Trip, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and shall also be detailed on the applicable invoice.
B. Payment Contract
(a) Final Payment: Clients should refer to the confirmation email sent by us for details regarding final payment for any Trip booked. Payment of the balance of the price for any Trip is due no less than 45 days before the departure date of the first Trip (of the Trips included in such booking). If full payment is not received by such due date, FestiHopp may change the rate payable for the Trip, or may treat the booking of such Trip as cancelled. If you cancel your arrangements, you may be entitled to a partial refund. In addition to the cancellation terms and conditions of your Supplier(s), our standard fees will apply as outlined on your receipt or booking confirmation.
(b) Late Payment: Failure to make a payment within fourteen days of the agreed upon date is a breach of contract and will result in the cancellation of your trip.
(c) Client Details: As a condition to valid confirmation of any booking with FestiHopp (including all Trips) the Client must provide all necessary information as requested by us along with their final payment. If the Client fails to provide such information prior to 30 days before the departure of the purchased Service, an Administrative Fee of $149 will be charged to the Client, and we reserve the right to treat such booking as cancelled and levy any cancellation fees deemed reasonable by FestiHopp, in its sole discretion. The information required from each Client will vary by Trip purchased, and the requirements will be communicated to the Clients during the booking process.
(d) Credit Card Charges: We are not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the Client as a result of credit card or other payment transactions in connection with the purchase of Trips and will not refund or return any fees charged by such third parties in connection with payments made by Clients to FestiHopp.
C. Cancellation Policy
Any cancellation of a booking and/or a Trip by a Client must be delivered to FestiHopp in writing and be acknowledged by FestiHopp in writing. Trips are non-refundable but may be transferrable between persons. FestiHopp reserves the right to determine the transferability of a Trip to a new Client in its sole discretion. If you cancel your arrangements, you may be entitled to a partial refund. In addition to the cancellation terms and conditions of your Supplier(s), our standard fees will apply as outlined on your receipt or booking confirmation. If you decide to cancel arrangements before the balance due date, any deposits paid are non-refundable. It is recommended that Clients purchase trip cancellation coverage. "Cancel For Any Reason" trip insurance is the only means of receiving full reimbursement for flights and other non-refundable expenses should you cancel your FestiHopp trip for any reason, whether voluntarily or as a result of FestiHopp's actions.
We are not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, emotional distress etc.
To cancel services booked privately through third party vendors, please contact the applicable vendor.
Refunds will only be paid to you once we have received the funds back from the Supplier(s). We are not responsible for a Supplier’s failure to pay a refund.
D. Trip Details
The Client acknowledges that due to the changing nature of travel, they are responsible for keeping up to date on the details of their travel on the FestiHopp website, including, but not limited to checking the website and email at least 72 hours prior to departure to ensure the Client has the most current Trip Details as minor changes may have been made since the tour documents were provided by us.
E. Images & Marketing
The Client agrees that while participating in any FestiHopp Trip, images, photos or videos may be taken by other Clients and/or FestiHopp representatives that may contain or feature the Client in part or in whole. You acknowledge that you consent to any such pictures being taken and agree that you hereby grant a perpetual, royalty-free, worldwide, irrevocable license to FestiHopp, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to you or compensation payable to you.
The Client agrees to bring any complaints regarding a Trip to us as soon as possible in order to provide Festihopp with the opportunity to address such complaint properly and in a timely manner. You agree to inform our Support Team directly. We assume no liability for Client complaints that are not properly brought to the attention of FestiHopp with sufficient notice for us to resolve or attempt to resolve. Any complaint made after the completion of a Trip must be received in writing by FestiHopp directly at email@example.com within 30 days of the end of the Trip. You acknowledge and agree that FestiHopp will not accept any liability for claims received after this period.
G. Travel Documents and Destinations
The Client is entirely responsible for securing and must be in possession at all times while on a Service tour of a valid passport required for entry, departure and travel to each country or region visited throughout the itinerary of the applicable Service tour, and for re-entry to your country of residence or departure (passport must be valid six months past the last date of travel with FestiHopp), as well as all visas, permits and certificates required for entry into all regions and participation in all parts of the Product tour itinerary. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Service tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Client agrees that they are responsible for the full amount of any loss or expense suffered or paid by FestiHopp or any of its third party suppliers which are a direct result of the Client’s failure to secure proper travel documentation. Any information or advice given by us regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and we are not responsible for any errors or omissions in the information provided, or in the information provided to Clients by third parties such as government or travel authorities.
Prior to booking international travel, we recommend that you review any prohibitions, warnings and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel in such destination is safe or without risk. You further agree that in connection with your activities, you will not permit the use of our services or website by anyone that resides or is staying in a country for which such use is prohibited under U.S. regulations.
The Client acknowledges that it is MANDATORY that all clients obtain travel insurance with a minimum medical, evacuation, and repatriation coverage of $100,000USD covering all applicable dates of any travel with FestiHopp and covering personal injury and emergency medical expenses. 30 days before the departure of each Service tour, we will verify that all Clients have such insurance in place and coverage as per the required amounts above. It is strongly recommended and encouraged that Clients also extend their coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. We shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a Service tour. You should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and you are responsible at all times for your own effects and belongings. We will not accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by FestiHopp such as hotels, vacation homes, vehicles, or any other mode of transportation. Client acknowledges that the cost of the Service tour does not include any insurance coverage for such Client, and that you are required to obtain separate coverage at an additional cost to the Service tour price. When obtaining travel insurance you must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable Festihopp Service. We may be able to arrange travel insurance to be provided to you, furnish you a quote, and answer any queries you may have regarding the insurance.
Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary.
Service prices do not include international airfare or any other flights unless expressly mentioned in the inclusions. The Client acknowledges that they are solely responsible for to purchase their flights to and from the Service destination, and will arrive by the Service dates of travel. The Client is responsible for confirming flight times, numbers, and details at all times to ensure a timely departure. We are not responsible for any change to airline schedules or flight numbers after tickets have been issued, any additional expenses or loss that may arise from airline, airport or weather delays. We will not reimburse for any additional expenses incurred by the Client as a result of such events or delays.
K. Use of our Services and Website
You agree you will only use our website or services to make legitimate reservations or purchases and shall not make speculative, false or fraudulent reservations or reservations in anticipation of demand. You will only use our website and services in compliance with applicable law.
Without our prior written permission, you may not (a) access, monitor or copy any content or information on our website using any "robot", "spider" or other automated or manual device or program, (b) deep link to any portion of our website, or (c) "frame" or incorporate any portion of our website into any other website.
Our website may contain links to third party websites that we provide only as a convenience to you. You should take precautions to ensure that whatever links you access are free of viruses, worms, trojan horses or other destructive mechanisms. The existence of these links does not imply that we endorse such websites or any included content. We are not responsible for such websites or content or any data privacy practices of such websites.
You agree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.
3. Additional Terms
A. Warranties, Disclaimers and Limitation of Liability
For the avoidance of doubt, references herein to "us" "we" and "our" shall also refer to our affiliates. The information, software, products, and services provided by us or our suppliers or published on our website may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to such information that appears on our website. We expressly reserve the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Any ratings for suppliers are intended only as general guidelines, and we do not guarantee the accuracy of the ratings. We make no guarantees about the availability of specific products and services. We make no representations about the suitability of the information, software, products, and services provided by us or contained on our website for any purpose. The inclusion or offering of any products or services by us does not constitute our endorsement or recommendation of such product or service. All such information, software, products, and services are provided "as is" without warranty of any kind. We disclaim all warranties that our website, its servers or any email sent from us or our suppliers are free of viruses or other harmful components. We 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. Warranty disclaimers may vary from state to state.
The suppliers providing travel or other services on this website are independent contractors and not agents or employees of the us. We 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. We have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond our control, and we have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
In no event shall we be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or our services or with the delay or inability to access, display or use our website whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.
If, despite the limitation above, we are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then our liability will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to us in connection with such transaction(s) on this website, or (b) one-hundred dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and us or our Suppliers as a result of this Agreement or your use of our website.
We reserve the right at any time to modify this Agreement without prior notice to you. Please refer to our website at www.festihopp.com from time to time to review the most current version of the Agreement. Your continued access or use of our website or services signifies your acceptance of the modifications to the Agreement. You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity.
This Agreement shall be governed by the laws of the State of Illinois without regard to its conflicts of laws principles. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the enforceability of the remaining provisions will not in any way be affected or impaired.