USER AGREEMENT

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the terms and conditions of this User Agreement. By using this site, you signify your agreement to these terms and conditions. If you do not agree with any part of these terms and conditions, you may not use this site. Seaward Travels Inc. may at any time modify this User Agreement and your continued use of this site or Seaward Travels Inc.’s services will be conditioned upon the terms and conditions in force at the time of your use.

SEAWARD TRAVELS GENERAL TERMS AND CONDITIONS

1. SEAWARD TRAVELS, as identified throughout, shall also include any and all companies doing business as owned subsidiaries of SEAWARD TRAVELS, and shall also mean any authorized agent for SEAWARD TRAVELS.

2. MAKE SURE THE NAMES ON DOCUMENTS ARE AS THEY APPEAR ON YOUR LEGAL ID.

3. SEAWARD TRAVELS STRONGLY RECOMMENDS THE PURCHASE OF TRAVEL INSURANCE. This invoice constitutes notification of the offer to sell the traveler appropriate travel insurance for all travel and that you have been offered an appropriate insurance coverage. This also acknowledges that you are aware of any and all penalties that will be charged by the travel vendor and that SEAWARD TRAVELS is not liable for any penalties assessed by the travel supplier or suppliers. Travel Insurance is highly recommended to cover all forms of travel. Acceptance of this invoice is acknowledgement that you have been made aware of the availability of travel insurance, and if insurance has not been purchased, this will act as acknowledgement that travel insurance has been declined on behalf of all travelers, and traveler is aware of the costs that may be associated with lack of travel insurance coverage when travelling or in the event of cancellation.

4. Please check your documents for accuracy on receipt.

5. Airport/Pier Check in: Arrive at the airport/Pier at times suggested by the airlines, cruise lines and/or TSA for check in and security. Many airlines/cruise lines offer online check-in and boarding passes to save time at check in. ALL PASSENGERS MUST carry A STATE OR FEDERAL ISSUED PHOTO. Please check with the airline/cruise line website for the current restrictions on checked baggage, carry-on luggage and permitted items in cabin.

6. REVERIFY ALL FLIGHTS AND FLIGHT TIMES 72 and 24 hours prior to departure. It is traveler’s responsibility to verify all flights and flight times for all segments of your travel.

7. Most airline fares are restricted and have penalties applied to any changes made by the passenger. Please contact the airline for any changes you need to make, and be aware that you will be charged a fee to make any changes. Changes made by SEAWARD TRAVELS agents will have a minimum of a $50 per ticket charge, in addition to charges made by the airlines.

8. Fuel surcharges may be imposed at any time by airlines, cruise lines, tour operators and others. It is the traveler’s responsibility to pay these additional charges. SEAWARD TRAVELS is in no way liable for any fuel charges applied after the purchase of any form of travel.

9. We acknowledge that terms and conditions posted on travel supplier sites are available to review. Acceptance of documents and/or invoices, either physical or electronic, is an acknowledgement that you accept these terms and conditions.

10. Fares for cruises, tours and other forms of travel may be offered in what we call restricted fares. Restricted fares may include but are not limited to special pricing for senior citizens, active or retired military, residents of select states, past passenger or past guest of cruise or tour companies, members of unions, or any variety of sale pricing. If you have purchased any such fare, you may be asked to show eligibility for that fare at check in. In the event you do not have proof of eligibility for that fare, you may be asked to pay an additional fare or current fare. Please be sure that you understand all limitations and restrictions associated with such fares.

11. SEAWARD TRAVELS reserves the right to move your individual booking into a cruise or tour group for any reason. You will be notified of that fact, and if there are any cancellation penalties that differ from an individual reservation, we will advise you at that time.

12. Cancellation Penalties are imposed by almost all travel suppliers. These penalties are available from SEAWARD TRAVELS and on the travel supplier website. In addition, SEAWARD TRAVELS reserves the right, at SEAWARD TRAVELS’s discretion, to impose a cancellation penalty of up to 7.5% (minimum of $50 per guest) of the total price as a cancellation penalty. Seaward Travels also reserves the right , at Seaward Travel’s discretion, to impose a booking transfer penalty of up to 7.5% (minimum of $50 per guest) of the total price as a transfer penalty. By accepting this invoice, you agree to these cancellation and transfer penalties and further agree that there will be no attempt on your part to reverse any credit card charges for such penalties as applied by the vendor or SEAWARD TRAVELS.

13. Chargebacks or reversal of charges. This invoice serves as acknowledgement that the charges made on your behalf for any form of travel purchased through SEAWARD TRAVELS are legitimate charges, and you will not challenge any legitimate charges made. In the event of doing any chargeback or attempt to reverse your credit card for these legitimate charges, you will be responsible for any court costs incurred by SEAWARD TRAVELS to recover those funds.

14. Checks returned for insufficient funds or stop payments, will result in maximum penalties as allowed by Florida Law and Statute. Insufficient funds checks will be subject to maximum penalties allowed, and may be subject to criminal prosecution under Chapter 832 of Florida Statutes, and any other applicable laws and statutes.

15. Litigation: In case of litigation, all litigation will occur in a Florida Court of Law, or be mitigated by a licensed arbitrator chosen by SEAWARD TRAVELS.

16. Tour and cruise pricing is subject to change without notice due to currency fluctuations, tariff charges, or increases in operational expenses. In addition, some tours are based on a minimum number of guests participating. The tour company has the right to cancel a scheduled departure and offer an alternative date. If you are purchasing airfare on your own, we advise you not to book the airfare until you have been advised by SEAWARD TRAVELS that the departure is a guaranteed departure.

17. Certain travel products are booked using local foreign currency. Those rates are subject to fluctuation,and the rate of exchange is not guaranteed until paid in full.

18. Airfare booked with a cruise line or any travel provider will have restrictions applied, and in some cases, fares are not guaranteed until paid in full. Specific flight routing, airlines and other requests may be available for an additional fee. Some operators will book travel on a charter or have special rates on certain carriers. SEAWARD TRAVELS assumes no responsibility for changes in carrier, changes in flight times. Terms and conditions may vary. Airline Club Mileage may not be earned on certain promotional and group fares.

19. Forms of payment: SEAWARD TRAVELS accepts forms of payment as accepted by the travel provider. Checks are accepted no later than three weeks prior to payment due date by the vendor. Checks are not accepted for any nonrefundable travel, including but not limited to airline tickets. Credit cards are accepted for payment provided the travel supplier accepts them. An invoice from SEAWARD TRAVELS has the same strength as signature on file, and will be considered as such in a court of law or for any challenges to a reversal of charges on a credit card.

20. Ages of travelers: Travelers are subject to the restriction imposed by the travel provider as outlined online or in the appropriate brochure.

21. SEAWARD TRAVELS shall not be responsible for any traveler being denied boarding, or access to any form of travel or accommodations including but not limited to trains, planes, hotels, public or private transportation for any reason, including but not limited to health issues or insufficient documentation.

22. In the event you are attending a seminar(s), educational event (s), certification course(s), performance(s), or any other cruise, tour(s) or event (s) that has an agenda(s) organized by a group leader(s) or organizer(s), SEAWARD TRAVELS is in no way responsible for failure of said group leader(s) or organizer(s) to provide the seminar(s), session(s), certification(s), educational credit(s), content, performance(s) or speaker(s) as advertised. SEAWARD TRAVELS arranges only the travel portion of any such trip. Content on any brochures, flyers, websites, or any other form of advertising or marketing, with the exception of travel arrangements, is solely provided by the group leader or leaders and is not warranted by SEAWARD TRAVELS. In the event we are collecting, on behalf of the organizer(s) and group leader(s), any money above the actual cost of travel for, but not limited to, fees such as registration fee(s), seminar fee(s), speaker fee(s), certification fee(s) or educational credit(s), these funds are passed on to the group leader(s)or organizer(s). Traveler(s) must address requests for restitution or refunds of those fees and amounts to the organizer(s) and group leader(s)

DISCLAIMER OF LIABILITY:

24. The travel agency is acting as a mere agent for suppliers in selling travel-related products, or in accepting reservations or bookings for services that are not directly supplied by this travel agency (such as but not limited to air and ground transportation, hotel accommodations, meals, tours, cruises, etc.) This agency, therefore, shall not be responsible for breach of contract or any intentional, unintentional or careless actions or omissions on part of such suppliers, which result in any loss, damage, delay, or injury to you or your traveling companions or group members. Unless the term “guaranteed” is written and specifically stated on your tickets, invoice, travel documents, invoice or reservation summary, we do not guarantee any of such supplier’s rates, bookings, reservations, connections, scheduling, or handling of personal effects. Travel agent shall not be responsible for any injuries, damages,or losses caused to any traveler in connection with terrorist activities, social or labor unrest, mechanical or construction failures or difficulties, diseases, local laws, climatic conditions, criminal acts, or abnormal conditions or developments, or any other actions, omissions or conditions outside the travel agent’s control. Traveler assumes complete and full responsibility for, and releases SEAWARD TRAVELS and its agents from any duty of checking and verifying any and all passport, visa, vaccination, and/or other entry requirement of each destination, and all safety and security conditions at such destinations during the length of the proposed travel. For information concerning possible dangers at international destinations, contact The Travel Advisory section of the U.S. State Department. For medical information, contact your local public health service. By embarking upon his/her travel, the traveler voluntarily assumes all risks involved in such travel, whether expected or unexpected. Traveler is hereby warned of such risks, and advised to obtain appropriate insurance coverage against them. Traveler’s acceptance of this ticket, invoice, and/or travel documents constitutes assent to the above and an agreement on his/her part to convey the contents herein to all travel companions and group members.

AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. If you use this site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You understand that you are responsible for all uses of this site by you and those using your login information.

OWNERSHIP
This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of Seaward Travels Inc. (together with its corporate affiliates, “Seaward Travels”) and/or its third party suppliers and content providers (“Third Party Suppliers”). Certain data relating to schedules is the copyrighted work of third party information providers. In addition, the trademarks, logos and service marks displayed on this site (collectively, the “Trademarks”) are registered and common law Trademarks of Seaward Travels and/or its Third Party Suppliers. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Seaward Travels Inc., or such other party that may own the Trademarks. This site and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Seaward Travels Inc., and/or its Third Party Suppliers, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.

USE OF SITE
Seaward Travels Inc. grants you a limited, non-transferable license to access and make personal use of this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate reservations or purchases for personal, non-commercial use and shall not use this site for any other purpose, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. For avoidance of doubt, this license does not include any resale or commercial use of this site or its contents or any derivative use of this site or its contents. Without limiting the foregoing, you may not:

  • use or authorize or permit any third party to use on your behalf any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written consent of Seaward Travels Inc.;
  • utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that frames, modifies or adds content to the layout, design, or content of any Seaward Travels Inc. Web page or underlying application;
  • transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise;
  • use any device, software or routine to interfere or attempt to interfere with the proper working of this site;
  • take any action that imposes a burden or load on our infrastructure that Seaward Travels Inc. deems in its sole discretion to be unreasonable or disproportionate to the benefits Seaward Travels Inc. obtains from your use of the site; or
  • post or transmit (a) any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane information or material, (b) any information or material that (i) could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, (ii) infringes the rights of others or violates their privacy or publicity rights, (iii) is protected by copyright, trademark or other proprietary right (unless with the express written permission of the owner of such right), (iv) contains a virus, bug or other harmful item, or (v) is used to unlawfully collude against another person in restraint of trade or competition.

In its sole discretion, in addition to any other rights or remedies available to Seaward Travels Inc. and without any liability whatsoever, Seaward Travels Inc. at any time and without notice may terminate or restrict your access to this site. If you have been notified by Seaward Travels Inc. that you are prohibited from using the site, then notwithstanding the foregoing you have no license to use the site and any access by you or on your behalf shall be unauthorized and unlawful. Seaward Travels Inc. may provide notice under this or any other section of this agreement via an email sent to the email address contained in your user profile or otherwise used to make a booking on this site, or in any other reasonable manner. Seaward Travels Inc. reserves the right to cancel any and all bookings or other transactions you have made on the site after you have been prohibited from using the site, with no liability whatsoever to you.

SUBMITTED CONTENT; REVIEW OF TRANSMISSIONS
These terms and conditions apply to any journals, recommendations, reviews, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips, images, information, data, photographs, software, messages, ideas, comments, questions, or other materials received by Seaward Travels Inc. from you (collectively “Submitted Content”). Seaward Travels Inc. shall have the right (but not the obligation) to, from time to time monitor and review Submitted Content and any other information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Seaward Travels Inc. deems inappropriate or in violation of these terms and conditions. During monitoring, the Submitted Content may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that you are responsible for the Submitted Content, and Seaward Travels Inc. disclaims any responsibility and assumes no liability with respect to Submitted Content. By providing Submitted Content, you warrant that: (a) you are the owner of such Submitted Content, or have been granted all the rights necessary from the owner thereof to provide such Submitted Content to Seaward Travels Inc. and for the use by Seaward Travels Inc. as stated herein, and (b) the use of such Submitted Content by Seaward Travels Inc. will not infringe the intellectual property rights of or otherwise violate the rights of any third party. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the site. You agree that if you provide Submitted Content, you grant Seaward Travels Inc. a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, transfer, or sell such Submitted Content in any form, media or technology for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you, and you waive all moral rights with respect thereto. You further grant Seaward Travels Inc. the right to pursue at law any person or entity that violates your or Seaward Travels Inc.?s rights in the Submitted Content by a breach of this User Agreement. You agree that you will not publish, submit, provide, or display such Submitted Content to or on any other commercial travel-related web-site or on-line service without Seaward Travels Inc.’s prior written consent, which consent may be withheld by Seaward Travels Inc. in its sole discretion. Consent may be requested by clicking here. You agree that Seaward Travels Inc. may choose to provide attribution of Submitted Content provided by you (for example, showing your name and hometown on a travel review that you submit) at our sole discretion, and that such Submitted Content may be shared with Seaward Travels Inc.’s Third Party Suppliers, distribution partners, customers and other third parties.

CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (as amended, the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Such notice must include

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices and counter-notices with respect to the site should be sent to Seaward Travels Inc at 10524 Moss Park Rd. STE 204-651, Orlando, Florida 32832  We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

SELLER OF TRAVEL REGISTRATIONS
Seaward Travels Inc. is registered as a seller of travel in each of the states listed below:

Florida registration number: ST-36574, California Seller of Trave:l 2005026-10,  Iowa Seller of Travel: 992, Nevada Seller of Travel: 2003-0005,

Washington Seller of Travel: 602 531 939

Registration as a seller of travel does not constitute approval by the State of California

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