When you book a travel product and/or service with Warm Weather Golf, you acknowledge that you have read, understand and agree to be legally bound by these Terms and Conditions, without modification, and acknowledge and agree that they become part of your contract with Warm Weather Golf. To the extent that any travel products and/or services are booked through this website, the Warm Weather Golf Call Center or your Travel Agent, you agree that these Terms and Conditions apply to all transactions.
If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other travelers in your party.
INTERMEDIARY DISCLOSURE
Warm Weather Golf assists you in finding travel suppliers and making arrangements that meet your individual needs. We consider various factors in identifying travel suppliers to you and recommending specific itineraries. In this role, we are acting as an independent third party and not as a fiduciary. These Terms and Conditions may be superseded by the individual service providers Term and Conditions.
BOOKING ON BEHALF OF OTHERS
By booking on behalf of other travelers, you are deemed to be the designated contact person for every traveler included on that booking. This means that you are responsible for making all payments due in connection with your travel package, notifying Warm Weather Golf if any changes or cancellations are required and keeping your party informed.
By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and Warm Weather Golf will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
THE BOOKING CONTRACT
Your Booking Reservation is considered confirmed when Warm Weather Golf issues a written confirmation containing Reservation Confirmation Numbers from the applicable vacation package suppliers. Please check your Reservation Confirmation carefully and report any incorrect or incomplete information to Warm Weather Golf immediately. Please ensure that names are exactly as stated in the relevant passport.
You must be at least 18 years of age to make a booking. You agree to provide full, complete, and accurate information to Warm Weather Golf.
DETAILS REQUIRED FOR BOOKING
As a condition of booking, you must provide the information requested by Warm Weather Golf. If you fail to supply information required by Warm Weather Golf for air tickets, accommodations, tee times, transportation, or other inclusions, activities, products, or services, you will also be liable for any costs, fees, or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by Warm Weather Golf, Warm Weather Golf also reserves the right to treat your booking (or the relevant component of your booking) as canceled and levy any cancellation fees deemed reasonable by Warm Weather Golf, in its sole discretion. The information required by Warm Weather Golf will vary by vacation package and will be communicated to you or to Warm Weather Golf’s during the booking process. Warm Weather Golf will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced, or otherwise incomplete information you have provided.
PRICES, SURCHARGES, AND TAXES
Warm Weather Golf will not increase the price of your travel package after you have paid in full. Vacation packages are priced and advertised inclusive of applicable taxes with the exception of the Riviera Maya Eco Tax, which is payable at the hotel at the time of checkout (see below)
From time to time Warm Weather Golf may offer reduced pricing on certain products or services. The reduced pricing applies only to new bookings. Bookings, where payment of at least a deposit has been received by Warm Weather Golf, are not entitled to the reduced pricing.
CANCELLATION
You may cancel your booking by notifying Warm Weather Golf in writing. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by Warm Weather Golf and are expressed as a percentage or dollar amount of the total price paid for the canceled vacation package, product, or service (excluding any insurance products). In addition, cancellation fees or penalties may be imposed by a service provider.
TRAVEL DOCUMENTS
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure, and travel to each destination. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits, and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with Warm Weather Golf as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas, and permits prior to the start of your vacation package, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by Warm Weather Golf that is a direct result of your failure to secure or be in possession of proper travel documentation. Warm Weather Golf does not provide advice on travel documents and makes no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that Warm Weather Golf is not responsible for any errors or omissions in this information. Warm Weather Golf will not be liable for passengers' denied boarding, entry, or re-entry due to lack of proper documentation and such passengers will not be entitled to a refund.
AMENDMENTS
Warm Weather Golf reserves the right to update or alter these Terms at any time, and will post the amended Terms on Warm Weather Golf’s website at warmweathergolf.com/terms-and-conditions-general. Any amendment will take effect immediately after being posted to Warm Weather Golf’s website. A current copy of these Terms, as amended, may be accessed at any time on Warm Weather Golf’s website and will be sent to you upon written request to Warm Weather Golf. You are deemed to have accepted any amendments to these Terms on the posting date on Warm Weather Golf’s website. Warm Weather Golf recommends that you refer to the Terms prior to travel to familiarize yourself with the most up-to-date version available.
PRIVACY POLICY
Warm Weather Golf must collect your personal information to deliver your vacation package and any products or services booked. Warm Weather Golf collects, uses, and discloses only that information reasonably required to enable Warm Weather Golf and its Third Party Suppliers to provide the particular vacation package, products, and/or services that you have requested as described in Warm Weather Golf’s Privacy Policy, which can be accessed any time at https://www.warmweathergolf.com/privacy-notice and is expressly incorporated into these Terms. By submitting any personal information to Warm Weather Golf, you indicate your acceptance of Warm Weather Golf’s Privacy Policy.
FORCE MAJEURE
Warm Weather Golf, its parent, subsidiaries, affiliates, agents, sub-agents, suppliers and each of their respective officers, directors, employees, agents and representatives will not be responsible or liable for any loss, damage or injury of any nature and of any kind in whole or in part resulting from a force majeure condition including without limitation: act of God, fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, flood, water or power shortages or failures, tropical storms or hurricanes, dangers of the sea, breakdown of machinery or equipment, riots or civil commotions or disturbances and any other acts of similar nature, theft, pilferage, sabotage, arrests, strikes or other labor disruptions, restraints of rulers or peoples, expropriations, acts of terrorism, war, insurrection, strikes, epidemics, pandemics, restrictions, government health advisories or warnings or alerts of any kind or nature, acts of governments or other authorities de jour or de facto, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities, or by reason of any other cause or causes of any similar nature or any other factor unforeseen by Warm Weather Golf that impacts negatively on or hampers its ability to fulfill any of its contractual conditions. In the event that any of these conditions apply, Warm Weather Golf shall be excused, discharged, or released from its performance to the extent such performance is so limited or prevented, without liability of any kind.
CONTRACT PARTIES & SUCCESSORS
These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors, and assigns.
TERMS OF PURCHASE
Please note that separate terms and conditions dictated by the applicable supplier will apply to your reservation and purchase of products and services. You agree to abide by such terms and conditions, including payment of all amounts when due and compliance with the applicable supplier's policies, rules, and restrictions regarding the availability and use of fares, products, and services. You understand that any violation of any such supplier's terms, conditions, policies, rules, or restrictions may result in (a) your forfeiting any monies paid for such reservation or purchase, (b) cancellation of your reservation or purchase, (c) your being denied access to any flights, hotels or other products or services, and (d) Warm Weather Golf debiting your account for any costs Warm Weather Golf incurs as a result of such violation. You acknowledge that you will be responsible for all charges, fees, duties, taxes, and assessments arising out of your purchase of the travel products from Warm Weather Golf. Warm Weather Golf works with our suppliers to provide you with the best rates. To pass these values on to our customers, we are prohibited from breaking out individual component prices and will not be able to provide those to you.
GROUPS
If you are traveling as part of a group consisting of a block of 10 rooms or more, different deposit, payment, and cancellation policies may apply. See your group contact for details.
HOTEL SUBSTITUTION AND DESCRIPTION
Warm Weather Golf assumes no liability for hotel overbookings resulting in inconvenience and/or substitute accommodations being provided, whether of a similar or lesser quality and location. Description of services included and rates are based on inclusions/prices at print time and are subject to change without notice. Warm Weather Golf will not be responsible or liable if any of the services, features, or facilities described on this website or in the brochure cease to be available or fail for any reason. Any resort credits provided by a hotel are provided at the hotel's sole discretion and are subject to the hotel's terms and conditions. Warm Weather Golf shall not be held responsible for the use or non-use of any resort credits.
TRIP INSURANCE
Warm Weather Golf strongly encourages travelers to purchase trip insurance to protect their vacation investment. In the event you need to cancel your trip, you will be held responsible for any vendor cancellation fees.
HEALTH
Warm Weather Golf recommends that travelers contact the Center for Disease Control's website or health provider for specific vaccinations, information for travelers with special needs and timely updates for other health news. Warm Weather Golf will not be liable for your failure to meet the required health regulations in order to complete your travel arrangements.
SPECIAL NEEDS TRAVELERS
Travelers with special needs who will require special services or assistance while traveling, including handicap adapted rooms and/or wheelchair accessible rooms, must advise Warm Weather Golf at the time of booking. In order to ensure that you are properly assisted, we request that you advise of any and all specific needs that you may have.
RIVIERA MAYA ECO TAX
In an effort to continue to preserve, conserve, and beautify the destination, Riviera Maya's Municipality of Solidaridad has implemented a small environmental levy on visitors effective September 1, 2017. Hotels will collect 20 Mexican pesos per room, per day upon check-out; the proceeds will be deposited in an environmental trust to fund local projects
RESPONSIBILITY AND LIMITATION OF LIABILITY
Each of Warm Weather Golf agents and subagents act as an agent for you in relation to travel services and/or products purchased by you including, but not limited to, accommodations, transportation [including, but not limited to, ground and air transportation], and tours. Warm Weather Golf makes no guarantees or warranties, express or implied, regarding any such services. This includes, but is not limited to transfers, flights, cruises, tours, services and accommodations purchased or provided, as well as other features listed or not listed in these Terms and Conditions and/or your itinerary. All of these travel services and/or products purchased by you and provided in your itinerary are furnished by independent contractors over which Warm Weather Golf and its agents and subagents exercise no control. Although Warm Weather Golf has taken reasonable steps to ensure proper arrangements are in place for your travel plans, we cannot be held responsible for the acts or omissions of such independent contractors [including, but not limited to, delayed opening of hotel accommodations and any related relocations as a result of such delay. In such cases, you will be responsible for all costs and damages in connection with such delay and relocation including, but not limited to, airline fees and accommodation costs]. Warm Weather Golf, its parent, subsidiaries, affiliates, agents, sub-agents, and each of their respective officers, directors, employees, agents, and representatives shall not be liable for any injury, loss or damage whether mental, emotional or physical howsoever sustained, resulting or arising from any act, error, omission or negligence of any company or person, agent, employee or subcontractor supplying any of the travel services and/or products as part of your travel plans. Warm Weather Golf, its parent, subsidiaries, affiliates, agents, sub-agents, suppliers, and each of their respective officers, directors, employees, agents, and representatives' liability for any loss, damage, or injury, whether to property, physical or mental, arising from their own acts, omissions or negligence, is limited to the amount you paid to Warm Weather Golf for the services with respect to which you are claiming. The sole and exclusive responsibility and liability of any airline used in Warm Weather Golf's services shall be in accordance with and limited by the contract of carriage on your ticket, the applicable tariffs, and the provisions of the Warsaw Convention or Montreal Convention, as applicable.
METHODS OF CONTACT
You authorize Warm Weather Golf to contact you from time to time via e-mail, phone or text message at the e-mail address or telephone number[s] provided by you when booking your reservation. The purpose of the communications is to discuss the status of your travel products and/or services purchased by you, to tell you about additional products and services for which you may qualify and other business purposes. You may withdraw your consent at any time.
POST-TRAVEL CONCERNS
Any claims for refund or post-travel concerns must be sent to Warm Weather Golf in writing [with receipts or supporting documents] within 10-days of your return. If you booked directly with Warm Weather Golf, any claims for refund or post-travel concerns must be sent in writing [with receipts or supporting documents] within 10- days of your return to Warm Weather Golf, 8164 Mission Vista Drive, San Diego, California 92120, USA, or emailed to [email protected]. Unused tour documents and components [whether voluntary or caused by airline delay or cancellation] are non-refundable. No responsibility is accepted for expenses or lost travel time incurred due to delay, aircraft reroute, change in schedule or any other causes. Warm Weather Golf may offer refunds under these Terms and Conditions with the express understanding that the receipt of that refund by a traveler waives any additional remedies. All requests for refunds must be sent in writing, certified mail, return receipt requested. Postmark date determines the date of notification.
MISCELLANEOUS
In the event any paragraph of these Terms and Conditions shall be declared invalid or void by any court, such declaration shall not invalidate the entire agreement and all other paragraphs of these Terms and Conditions shall remain in full force and effect. The parties agree any claim or litigation arising out of or relating to these Terms and Conditions, or the breach or validity thereof, shall be brought in San Diego County, California, the location of Warm Weather Golf's corporate offices, and the governing law shall be the laws of the State of California. You agree that in the event that any civil proceeding, arbitration, mediation, or action of any kind is commenced by you against Warm Weather Golf or any of its agents, affiliates, officers, assignees, or employees, the limit on any damages [which includes but is not limited to damages, interest, court costs, attorney fees, expenses of litigation, and punitive damages] shall be the amount you paid Warm Weather Golf for the services which is the subject matter of these Terms and Conditions.
CALIFORNIA SELLER OF TRAVEL DISCLOSURES
Warm Weather Golf is a registered California Seller of Travel (CST #2150387-40). Registration does not imply endorsement or approval by the State of California or any agency thereof.
CANCELLATION FEES / REFUNDS
If a traveler cancels a trip or travel arrangement in compliance with all applicable cancellation policies of Warm Weather Golf and all applicable travel suppliers, and is not at fault, then sums paid to Warm Weather Golf for services not provided (less the partial or full deductions provided for in the policies) will be promptly refunded in accordance with such policies unless the traveler otherwise advises Warm Weather Golf in writing, subject to applicable cancellation penalties and fees as described below and in itineraries and other documents provided at the time of booking or purchase. (This provision does not apply where we have remitted the payment to another seller of travel or a carrier, without obtaining a refund, and where the seller or provider defaults in providing the agreed-upon transportation or service.
In this situation, we will on request provide the passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler. Airlines, cruise lines, hotels, and other travel suppliers typically have adopted policies requiring the traveler to pay or bear cancellation fees or penalties and/or deductions from refunds for cancellation of or changes to travel arrangements after those arrangements are made, booked, and/or ticketed. In addition, many travel arrangements are fully or partly non-refundable per travel supplier policy or Warm Weather Golf’s policy. Warm Weather Golf may charge a cancellation or refund fee in addition to any fees and penalties charged by vendors and service providers.
Any additional costs, change fees, and penalties charged by airlines, cruise lines, or vendors and any fees of Warm Weather Golf for cancellations or changes are the responsibility of the traveler and may be deducted from any refund otherwise due a traveler. Contact Warm Weather Golf at the time of booking and ticketing of travel arrangements for further information about cancellation fees or penalties or those portions of arrangements for which payment may be fully or partially non-refundable. All service fees, ticketing fees, trip planning deposits, transaction charges, and other fees paid to Warm Weather Golf are non-refundable and will not be refunded if travel arrangements are changed or canceled.
CALIFORNIA CONSUMER RESTITUTION FUND (TCRF)
This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Warm Weather Golf currently is a registered participant in the TCRF. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required.
The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. (Fees are subject to change or increase by TCRF at any time.) Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA 94977-6001; or by faxing a request to: (415) 927-7698. This transaction is not covered by the California Travel Consumer Restitution Fund if the passenger is purchasing from outside California.
TRUST ACCOUNT
California law requires certain sellers of travel to have a trust account or bond. Warm Weather Golf has a trust account.
CONTACTS
Warm Weather Golf
8164 Mission Vista Drive
San Diego, CA 92120
Dann Davis
Managing Director
[email protected]
858-245-7420 (DIRECT)
www.warmweathergolf.com
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