Terms and Conditions

Limitless Larks Luxury Services, its founder, Nadege Lark Lespinasse, and associated brands including but not limited to Escape with Nadege and Whiskey Her Away Travel + Tours, (Hereinafter “Limitless Larks Luxury Services”, "Limitless Larks", “we”, “us” , “our”) is an independent travel agency of Travel Network, a member of the Ensemble Travel Network. We have a passion for travel, love for great service, and an affinity for details. We hope that this combination is what will make your next trip memorable. We offer bespoke travel plans, and we are happy to talk to you (hereinafter “traveler”, “you”) about your next journey.

Contract

We draw your attention to the Terms and Conditions of travel below. These Terms and Conditions, including all brochures, documents, correspondence, and the Terms and Conditions of our suppliers, form the basis of the contract with you. Before making a booking with us, you must ensure that you have read and understood these Terms and Conditions (and ask any questions you may have). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all the Terms and Conditions laid out below and acknowledging that you have read the Terms of this Contract and agree with it.

If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms and Conditions with all travelers in their group.

You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct.

Violations By You

You agree that any violation of any such Terms and Conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) being denied access to the applicable travel related product or service.

Changes To These Terms & Conditions

Limitless Larks reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Upon making changes, we will notify you via the email address you provide to us at booking. The current terms will apply to your booking. You must therefore be familiar with the terms in effect at the time you book. Your continued use of our services including continuing to use or maintain any bookings after notice of any changes to the terms and conditions constitutes your consent to the changes.

COVID 19 Release of Liability

By booking travel at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling, and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your travel. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling that cannot be controlled or eliminated by Limitless Larks.

You acknowledge that due to the uncertainty of travel at this time, your trip may be postponed or canceled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination or proof of negative testing. Stopover countries' requirements will also apply. On your return home, additional testing, requirements, or documentation may be required. You are responsible for understanding these requirements and must not rely on Limitless Larks to provide these details. You understand that you may become sick before, during, or after your trip and may not be able to travel and such cancellation or interruption will be subject to the cancellation terms below, for which we will not be liable.

You agree that due to uncertainty caused by COVID 19, Limitless Larks has strongly encouraged the purchase of travel protection coverage including Cancel For Any Reason coverage if and when available, and that should you fail to purchase travel protection coverage, Limitless Larks shall not be liable to any losses howsoever arising. Traveler assumes the risk that travel protection may not cover COVID 19 related claims. You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Limitless Larks Luxury Services, its members, officers, agents, and/or employees, suppliers, and other travel members (RELEASEES), of, from, and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.

Scope/Agency

Limitless Larks does not provide, own, or control the travel services and products that are provided as part of your trip, such as flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled, or made available by vetted third parties (the “Suppliers”) such as airlines, hotels, cruise lines and tour operators. The Suppliers are responsible for the Travel Products. The Supplier’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Your interaction with any Supplier is at your own risk; Limitless Larks does not bear any responsibility should anything go wrong with your booking or during your travel. Hence, as the traveler, you agree that Limitless Larks acts only as agent for the traveler in acquiring transportation, hotel and cruise accommodations, sightseeing and other privileges, or services for the travelers’ benefit, and on the express condition that Limitless Larks shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith.

Reservations, Deposits, & Payments

Planning/Booking

Planning travel takes an enormous amount of time, effort, and attention to detail. We provide hours of work long before your departure date. In addition, many of our suppliers (hotels, tours, cruises, etc.) require large deposits well in advance of your trip. In order for us to begin planning your trip, we require a non-refundable service fee. Service fees are based on the complexity of the itinerary and begin at $500 for individual bookings and $2,000 for groups. Payment of this fee constitutes agreement to our conditions. We retain this fee even if you don’t book a trip with us or don’t ultimately travel. Once you pay the service fee, we will begin planning a trip based on your needs and desires. We will provide you with a proposal, at which point you will have thirty (30) days to purchase the proposal, however, until purchased, price and availability are subject to change. Changes allowed to the proposal will be described in the scope of work on your service fee invoice.

To secure your reservation, travelers must provide the required traveler information as requested and submit the required deposit. In some circumstances, full payment may be required, which is advised prior to booking.

Additional Payments

Once a reservation is secured with a deposit, travelers may continue to make payments toward their trip, in accordance with the instructions we give you, often per the travel supplier. You must make all payments in full and on time. If you are booking within 60 days, and sometimes within 90 days, of the departure date, full payment may be due at the time of booking.

PLEASE NOTE: Payments submitted through the online invoice are authorizations and are not automatically processed. Your credit card will not be charged until your payment information has been submitted by Limitless Larks to the travel supplier, and successfully processed.

Final Payment Due Date

The final payment due date will be clearly stated on the invoice. It is the responsibility of the traveler to make the final payment before or by the due date. If full payment is not received by the date indicated on your invoice, we reserve the right to cancel your travel and apply the cancellation charges set out in the cancellation section below.

Late Payments & Non-Payments

Failure to make any payment may result in the cancellation of your travel. In such a case, this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect. Your reservation is subject to cancellation by the supplier if you do not meet the final payment deadline. Your investment is at risk and is nonrefundable regardless of if you've secured travel protection.

You must email Nadege@LimitlessLarks.com if you are going to be late making your final payment so we can advise you if the travel supplier will allow the late payment. All late payments must be approved by both Limitless Larks and the travel supplier.

Limitless Larks charges a late payment fee of $50 per occurrence. This fee will be processed prior to your trip payment being processed.

Shared Reservations & Payments

Travelers may elect to share the cost of their trip with another person traveling with them. Roommates must complete separate traveler profile forms and submit their deposits within 24 hours of one another in order to secure a reservation if they intend on paying separate deposits. Once the traveler profile forms and deposits are received, each roommate can make separate payments toward the trip cost. Your online invoices may reflect a separate cost for tracking purposes, but you have secured a single reservation. All reservations must state who will be sharing rooms. Resorts and hotels have the right to either forfeit a reservation or charge an additional fee at the current rate for reservations that do not state the correct occupancy upon arrival.

It is every roommate’s responsibility to ensure that their fellow roommates are making their payments in order to avoid the adjustment of the reservation occupancy rate to match the number of travelers occupying the room. In this case, the remaining roommate(s) is (are) responsible for paying the difference for the new adjusted occupancy rate.

Declined Payments

In the event a payment is declined, Limitless Larks will notify you by text and/or email and attempt to process the payment again on the following business day. PLEASE MAKE SURE ALL OF YOUR PAYMENT INFORMATION IS CORRECT: billing address, credit card number, expiration date, security code, and name on credit card. Many times it can be as simple as the wrong zip code. Other times, you may need to contact your bank to approve the payment to be processed.

Availability, Price and Rate Changes

The availability and price of your itinerary will be based on known availability and costs at the date of issue of the itinerary. All availability and prices we quote are accurate at the time of publishing, but are subject to change until payment is confirmed. Prices include a cost for fuel and local taxes that are estimated at the date of this publication. At the time of booking confirmation, we will provide you with an invoice reflecting the current price and particular inclusions.

We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase, until we receive your final payment. Any increase to your travel price will be as the result of changes in our costs of supplying your travel resulting from transportation charges, (fuel, airport charges, scheduled air fares and other transport charges which form part of our contract with the transport provider), dues or taxes payable locally, currency fluctuations and government action, any other airline surcharges, taxes or fees payable for services. If our costs to supply your travel increase, we reserve the right to increase the price of your travel and will forward a new Invoice reflecting any changes made. After final payment your price is locked in.

Group Travel Minimums

All group travel is based on a minimum number of participants. If the group drops below the minimum number of participants, cancellation of the trip may occur at the sole discretion of Limitless Larks and/or the travel supplier. In such a case, the price of the trip may increase, clients may be offered alternative trip dates or other travel arrangements, or provide client with a travel credit.

You may choose to accept these arrangements or to cancel your booking, in which case a full refund or travel credit may be provided. Any air cancellation will be in accordance with the terms of the carrier and Limitless Larks will not be liable for the carrier’s refusal to make any refund whatsoever. Limitless Larks will not be liable for any additional costs incurred outside of the trip prices such as visa and passport fees, travel insurance, or any other purchases made by the traveler in anticipation of the trip.

We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.

Accepted Payment Method, Change of Credit Card

Payment Method

Credit cards are the preferred method of payment. Payments of trip costs will be submitted directly to the travel supplier(s) to be processed unless otherwise specified on the payment page. Late payment fees will be processed by Limitless Larks and/or the travel supplier.

Change of Credit Card

Travelers may change their credit card information at any time by submitting new credit card information at the time of payment authorization.

Credit Card Payments

While we do accept major credit cards including Visa, Mastercard, American Express, and Discover, suppliers may have restrictions to the card types. This will be advised as known. Travelers must provide to us a click authorization for every transaction for your trip. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these Terms and Conditions including the cancellation terms. As such you agree not to make any improper chargebacks.

In certain cases, you have the ability to dispute charges with credit card companies ("chargebacks"). Before initiating a chargeback, you must first call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Limitless Larks retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:

  • Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.

  • Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.

  • Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.

  • Chargebacks resulting from force majeure or other circumstances that are beyond the control of Limitless Larks or the Supplier.

  • Chargebacks resulting because you do not agree with the cancellation policy.

Name Change

Name changes on your reservation may not be permitted by the supplier. If permitted, one name change on a reservation can be made before the final payment. The change requested must be submitted in writing to Nadege@LimitlessLarks.com. Some suppliers may charge a fee in order to change the name on a reservation; this fee is the responsibility of the traveler.

Names provided to secure reservations must match travelers’ passports. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. Please note: Limitless Larks Luxury Services, charges a $100 fee per person for each change after the first name change.

Cancellation

Traveler Initiated Cancellation

All requests to cancel your travel reservations must be submitted in writing to Nadege@LimitlessLarks.com. Each adult named on the reservation who has made a payment toward the balance must submit a separate request to cancel in writing. Cancellation of travel is effective from the date we receive the written notification. Our service fee is always non-refundable. Limitless Larks incurs costs with the suppliers of your travel well in advance of your travel dates. All suppliers have their own cancellation policies, which apply to your booking. Payments submitted to Limitless Larks are nonrefundable and nontransferable to future events due to the policies and contractual agreements set forth by our suppliers. It is the traveler’s responsibility to ensure they are able to attend and capable of paying for the event, along with any costs not included in the price of the reservation i.e. airfare, meals, activities, etc. Upon receipt of your cancellation request we will contact the Suppliers for any applicable refunds subject to the Supplier’s Terms and Conditions. If you are entitled to a refund, please note that the Supplier is responsible for this refund, not Limitless Larks. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a Supplier’s failure to pay a refund or for Supplier bankruptcy or insolvency. The time frame for refunds can vary.

All cancellation fees by all parties listed on the same reservation wishing to cancel must be received before a cancellation request will be submitted to the supplier. If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, and for this reason we strongly encourage the purchase of a travel protection plan including additional Cancel For Any Reason coverage.

Changes and Cancellation by the Supplier

We will inform you as soon as reasonably possible if a Supplier needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier, but we will have no further liability to you.

If between planning time and/or during actual travel, circumstances require changes, Limitless Larks and its Suppliers reserve the right to cancel or vary any itinerary and substitute components of any travel, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary.

Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on a tour. During local or national holidays or special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. Limitless Larks cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the traveler. Normal cancellation penalties still apply to the travel that has been changed.

No Refund for Unused Arrangements

As Limitless Larks’s prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel once your travels are in progress, there is no refund for the unused portion.

Force Majeure

Limitless Larks assumes no liability for any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, sargassum, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Limitless Larks that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by Limitless Larks.

Travel Protection

Travel protection, including additional Cancel For Any Reason coverage, is strongly recommended in order to protect your investment. Travel protection can also be helpful should issues arise during your vacation i.e. lost luggage, delayed or canceled flights, hotel issues, medical emergencies, etc. Limitless Larks is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel protection plans. Limitless Larks cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.

Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Limitless Larks cannot be held responsible for denied entry if a traveler is unable to provide details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs, or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.

Destinations and Travel Documents Required

Destinations

Travel to certain destinations may involve greater risk than others. Limitless Larks urges Travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, Limitless Larks will not be liable for damages or losses that result from travel to such destinations.

Documentation

It is the responsibility of each traveler to secure all necessary documentation required for travel, including any required identification such as passports or enhanced drivers licenses, international drivers licenses, birth certificates, visas, minor consent forms, records of immunizations, etc. The condition of these travel documents may be considered by authorities when traveling. Limitless Larks Luxury Services, is not responsible for securing these documents for travel. If you have questions about which documents may be required, please inquire with Nadège at Nadege@LimitlessLarks.com.

Passports

Passport number, date of issue, expiration date and all other pieces of data from the passport ID page are required to be submitted to Limitless Larks Luxury Services, at booking for international trips. This information is required on all international trips and is only shared with the travel supplier for the purposes of travel, or when required by local authorities. All international travel by air, and some by sea, requires a valid passport booklet. It is recommended that passports be valid for at least six (6) months beyond your return date. Some countries have varying requirements, as can be viewed in the relevant country's Passport Validity requirements on the travel.state.gov website. Please note that this validity requirement is subject to change, and is determined by the destination country (not the USA). It is the traveler's responsibility to ensure the passport is valid for travel.

Visas

A visa may be required for certain international travel. It is the traveler’s responsibility to ensure the proper documents are submitted on time and a visa is obtained prior to the traveler’s departure date.

Cruise Travel Documentation Requirements

US Citizens on closed-loop cruises (cruises that begin and end in the same U.S. port) and travel to destinations in Mexico, Canada, the Caribbean, the Bahamas, and Bermuda are able to reenter the United States with proof of citizenship other than a passport or passport card. Acceptable proof of citizenship includes an original or certified copy of a government issued birth certificate (raised seal and signature) and a laminated government issued picture ID (typically, driver's license), Consular Report of Born Abroad Certificate or a Certificate of Naturalization.

Born Abroad Certificate or a Certificate of Naturalization

It strongly recommended that all guests travel with a valid passport during their cruise. This will greatly assist guests who may need to fly out of the United States to meet their ship at the next available port should they miss their scheduled embarkation in a U.S. port; guests entering the U.S. at the end of their cruise; and guests needing to fly to the U.S. before their cruise ends, due to medical, family, personal, or business emergencies, missing a ship's departure from a port of call, involuntary disembarkation from a ship due to misconduct, or other reasons.

Guests who need to fly to the United States before their cruise ends will likely experience significant delays and complications related to booking airline tickets and entering the United States if they do not have a valid U.S. passport with them.

Domestic Travel

When traveling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/traveler-information/acceptable-ids.

Effective October 1, 2021, federal identification will be required to enter security checkpoints at airports and to board aircraft. This includes, for example, a passport, or a state-issued ID with a federal mark (such as a star).

Criminal History

Each country has its own set of standards regarding Criminal History and tourist entry. Should a traveler have any history of criminal conduct (including, but not limited to, unpaid child support, driving under the influence, theft, violence, and/or sexual offenses), the traveler is solely responsible for consulting with an attorney and/or the destination consulate regarding eligibility to leave the US and enter that destination country or countries. Limitless Larks is not responsible for trip delays, cancellations, and/or forfeiture of trip costs resulting from denied boarding of a plane or denied entry into a country.

For additional information, please visit the State Department's Website at https://travel.state.gov/content/travel.html and contact the destination country's consulate

Non-Responsibility

Limitless Larks and its employees, shareholders, agents, and representatives use third party suppliers to arrange air travel, tours, transportation, sightseeing, lodging, and all other services related to traveling. Limitless Larks is an independent contractor and is not an employee, agent, or representative of any of these suppliers. Limitless Larks does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel, or restaurants, or any other entity that supplies services related to your travel. All suppliers are independent contractors and are not agents or employees or representatives of Limitless Larks. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither Limitless Larks, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Limitless Larks. Limitless Larks assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; Limitless Larks assumes no responsibility or liability for personal property; and Limitless Larks shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Limitless Larks accepts no responsibility for lost or stolen items. Limitless Larks reserves the right to refuse any traveler or potential traveler at its sole discretion.

Assumed Risk/Hold Harmless Statement

Travel has its own inherent risks, and the traveler acknowledges such risks exist, up to and including death. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, Limitless Larks and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.

Traveler understands the description of these risks, including to risks due to COVID 19, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of Limitless Larks and agrees to and shall hold harmless and fully release Limitless Larks Luxury Services its owners, members, agents and assigns (together Limitless Larks) from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of Limitless Larks and traveler hereby covenant not to sue Limitless Larks for any such claims or join any lawsuit or action that is suing Limitless Larks. This agreement also binds your heirs, legal representatives, and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.

Indemnification

Each traveler is expected to act responsibly and adhere to all behavior guidelines established by Limitless Larks, our local suppliers and local laws. We and our local suppliers reserve the right to remove you from any trip if you endanger yourself or others or disrupt the general well-being of the trip itself. In any such case, there will be no refund.

Traveler agrees to and shall indemnify and hold harmless Limitless Larks, and each of our officers, directors, employees and agents (collectively “Limitless Larks”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Limitless Larks (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by traveler while participating in the trip.

Air Purchases

Your contract for airfare is with the carrier and subject to its terms, and we will not be liable for any change fees or cancellation fees or other additional cost you incur with the air carrier.

Transportation of Hazardous Materials

(1) Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals.

(2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information contact your airline representative or visit your airline website's Restricted Items section.

(3) BAGGAGE FEES. Due to continual changes in airline baggage policies it is suggested that you inquire with your airline's website for up-to-date fees & information. Limitless Larks is NOT responsible for additional fees incurred for baggage or seating.

(4) RE-CONFIRM YOUR FLIGHT. Limitless Larks advises you personally to re-confirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure.

Pre-existing Medical Conditions/Persons with Disabilities

The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be delighted to discuss the feasibility of your participation in any of our trips. It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your tour, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Limitless Larks will communicate requests to Suppliers, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.

Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify Limitless Larks at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.

Governing Law/Submission to Jurisdiction, Jury Waiver/Notice of Claim

This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in New York. You agree that you will only bring claims against Limitless Larks in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. Limitless Larks shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Limitless Larks unless you have first provided a typewritten notice of claim to Limitless Larks within 30 days after the tour or cancellation of the trip.

Entire Agreement & Severability

This agreement, including the terms of our suppliers and any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Limitless Larks. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.