Lush Palm Booking Terms & Conditions
Please review the following Booking Terms & Conditions thoroughly before booking a Lush Palm Surf Retreat. It is a legally binding contract.
1. BOOKING CONTRACT
All exclusive Lush Palm Surf Retreat bookings are made with LUSH PALM LLC, a California limited liability company (encompassed by “Lush Palm,” “we,” “our,” or “us”).
When you purchase any product or book any trip with Lush Palm, you acknowledge that you: i) have read and understand these terms and conditions and any other Lush Palm policies in effect, and ii) accept and agree to these terms and conditions and other applicable Lush Palm policies. The terms and conditions set forth below constitute the entire understanding and agreement between you the trip participant (“participant,” “traveler,” “you,” or “I”) and Lush Palm, with respect to any and all bookings, or transactions made with us and to any and all services, and products organized, arranged, or provided by us (collectively referred to as “trip” herein; “trip” may also be used to refer to only the trip component of our services). If you have confirmed a booking on any Lush Palm trip or product with more than one traveler named on such booking, you shall be deemed to have accepted these terms and conditions on behalf of all travelers named in the booking.
2. TRAVELER INFORMATION
In order for us to confirm your reservation, you must submit all requested details at the time of booking. Necessary details include:
- Full Name
- Payment details
- Agreeing to our booking terms and policies
After booking and before your trip check in, you will be required to complete an online check-in where you will need to provide additional details including, but not limited to:
- Name and email for each guest
- Phone number
- Passport number and expiration date
- Surf level
- Allergies or dietary restrictions
- Proof of travel insurance
- Arrival and Departure flight details
- Release of Liability Waiver
The information required from each traveler may vary by trip, which will be communicated during the booking and online check-in process. If all requested information is not provided within 70 days of the trip check in (or at the time of booking if purchased less than 70 days prior to the trip check in), Lush Palm maintains the right to cancel your trip and sell your spot to another traveler without any refund owed to you.
3. TRAVEL INSURANCE
It is mandatory that all Lush Palm travelers provide proof of current travel insurance before the trip begins.
Travel insurance must cover:
- Personal injury
- Medical treatment
- Evacuation expenses (including helicopter rescue and air ambulance internationally)
It is recommended that travel insurance also address personal property, trip cancellation, and operator cancellation coverage. Trip cancellation insurance may be the only means of receiving reimbursement for flights and other non-refundable expenses should a trip be canceled, postponed, interrupted, rescheduled, for any reason, whether voluntarily by you or by Lush Palm.
You are responsible for understanding the specifics of your travel insurance policy, ensuring that your policy covers surfing, and all optional and included activities listed in the trip itinerary, and ensuring that there are no exclusion clauses (e.g., personal injury or a death in the family) that would limit the coverage that you might reasonably need.
If you have current health insurance coverage, check your insurance policy to see if it provides the coverage described above while traveling outside your country. It is your responsibility to verify your insurance policy details with your insurance provider to ensure our requirements are satisfied.
You agree to assume all costs of medical care and transportation that is provided to you, and any minors traveling with you, during the trip. Please note that most companies offering travel insurance require the policy to be purchased within 14 days of the initial trip deposit or payment to any service provider in order to cover pre-existing conditions or to provide for “cancel for any reason” coverage.
You must provide proof of your travel insurance at least two weeks prior to your trip check in through our customer portal. If you fail to provide proof of travel insurance by the trip check in, you will not be allowed to join the trip and your trip will be treated as a cancellation. Lush Palm will not provide a full or partial refund for any cancellations or delays resulting from missing proof of travel insurance.
4. TRAVELER RESPONSIBILITIES DURING TRIP
You agree to abide by the Traveler Pledge during your trip, and recognize that failure to comply may result in removal from the trip or being banned from future trips. We are not responsible for any losses due to canceled or missed flights, changed flight itineraries, late arrivals, or early departures. Your additional responsibilities include, but are not limited to, strictly complying with all local laws, including virus/sickness/illness mitigation measures including but not limited to social distancing and testing requirements, respecting customs and culture, adequately assessing your abilities, and, if on a guided trip, following the suggestions and advice of the guide.
5. FITNESS FOR TRIP, MEDICAL CONDITIONS & SPECIAL REQUIREMENTS
By booking a trip with us, you represent that you do not have any illness, physical or other conditions that would create a hazard for you or other travelers or affect other people’s enjoyment of the trip. Lush Palm cannot guarantee the condition or availability of medical facilities in the countries in which our trips are held, which may involve visiting remote or less developed regions. Therefore, it is the responsibility of the traveler to consult their physician regarding any medical conditions prior to booking a Lush Palm trip.
Participants should check with consulates for the latest health requirements. Participants must bring their own medications, insect repellent or other recommended prescribed drugs, including but not limited to allergy medication.
If you have a special request or need, let us know at the time of booking. We may require a medical certificate if you have a special condition that may impact your ability to take one of our trips. We will make reasonable efforts to convey any dietary restrictions to your hosts and certain service providers. However, we cannot guarantee that all dietary needs or restrictions can be accommodated. Lush Palm is not liable for any failure to accommodate or fulfill any special requests or special needs. As such, it is your sole responsibility to ask any necessary questions and to make informed decisions about your dietary needs and restrictions while traveling.
By signing this agreement, you hereby grant permission for emergency first aid to be administered if deemed necessary. If an emergency or health crisis should occur on the trip, Lush Palm may attempt to help you obtain medical assistance, if it is available. The cost of any such medical assistance including any routine medical care shall be the responsibility of the participant. Lush Palm strongly recommends that you obtain sufficient medical and health insurance that covers you while traveling to remote destinations.
Our suppliers reserve the right to conduct common travel industry health screenings (e.g., forehead temperature readings, questionnaires, and checks for observable signs and symptoms) and refuse travel to symptomatic or likely symptomatic travelers. If necessary, our suppliers, and/or government or health officials, also reserve the right to quarantine travelers with symptoms of infectious diseases aboard confined modes of transport such as ships, trains, etc.
We reserve the right in our sole discretion to accept, decline or remove anyone from a trip (at or prior to departure or during the trip) if we deem their continuation of the trip to be harmful or dangerous to themselves or other trip participants.
6. INCLUSIONS & EXCLUSIONS
The transportation, accommodations, activities, meals, and drinks provided by Lush Palm are specific to each trip, and are listed on the trip booking page. Anything not expressly listed as included on the trip booking is not covered by Lush Palm, and is the financial responsibility of the traveler.
The following are specifically excluded from every trip and are the sole responsibility of each Traveler:
- Airfare and any baggage fees
- Travel insurance
- Costs of obtaining passports
- Items of purely personal nature (e.g. travel meals, alcoholic beverages, etc)
- Covid-related expenses (whether mandatory or voluntary) such as testing, quarantine, etc.
- Communication (calls, faxes, emails etc.)
- International airport departure tax
- Excursions or deviations from any trip itinerary
We will not be responsible or liable for deposits, payments, policies or penalties for other services not included, such as airline tickets, separate hotel reservations, or other items and services booked and handled by you and not through us.
7. OPTIONAL ACTIVITIES & SUPPLEMENTALS
Lush Palm may offer optional activities and other supplemental charges (e.g., private room upgrade or private airport transfers), which are specific to each trip and departure date. Lush Palm will review all optional and supplemental requests, and will provide final approval once we confirm availability.
Optional activities and supplementals that are not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your group leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider. In addition, Lush Palm reserves the right to cancel or modify optional activities and supplementals based on availability, local constraints, weather, and other unforeseen circumstances. If we cancel an optional activity or supplemental item booked through us, Lush Palm will provide the traveler with a refund minus any applicable processing fees. Lush Palm will not be liable to you for any losses associated with any changes to or cancellations of optional activities or supplementals.
8. PAYMENT POLICY AND DEPOSIT REQUIREMENTS
To secure your reservation, a 15% Deposit (of the total trip amount) is required and is payable through our online booking portal or invoice.
With our business model, final payments for accommodations and the majority of services are paid in full to our suppliers 60 days before your trip and are not refundable to us. Therefore, we require you to confirm your reservation with payment in full 70 days before your trip check-in date.
- If your trip is booked more than 70 days before the trip check-in date:
- 15% deposit is due to make your reservation
- Remaining balance (100% of Trip Cost) is due 70 days before the trip check-in date
- 3 days before the remaining balance is due, we’ll email you a payment reminder notification
- 70 days before the trip check in date, the remaining balance will be charged to the original form of payment (through Stripe, our payment system)
- If your trip is booked within 70 days of the trip check-in date: 100% of the Trip Cost is due to confirm your reservation
- If we have not received payment in full 70 days before the trip check-in date, we reserve the right to charge the credit card we have on file for the owed amount. If payment fails, we shall be entitled in our discretion to treat the missed payment as a breach of contract and cancel your reservation. We also retain the right to sell your spot to another traveler.
9. BOOKING CONFIRMATION
Your booking is not finalized until you receive a booking confirmation email and booking number from Lush Palm directly. A contract will exist between us from the date we issue the booking confirmation. Please refer to your booking confirmation for details regarding final payments. For all trips, payment in full is due 70 days before the trip check-in date.
Please wait to hear from us before you book your flights. We’ll send all travel information and details when your booking is confirmed and the trip’s flights are “greenlighted.”
We reserve the right to treat any reservation that is not fully paid according to our booking terms as a cancellation and subject to the cancellation terms below.
10. CANCELLATION BY TRAVELER
It is your responsibility to read and understand our Cancellation Policy & Terms of Service before making a reservation.
Of course, no one books a trip with the intention of cancelling or postponing, but we understand that unexpected things do happen.
If you need to cancel any booking, cancellation fees may apply. Any notice of cancellation must be provided in writing, and all transaction fees from our payment gateway will be deducted from any refunds issued.
A cancellation will only be effective when we receive written confirmation of the cancellation from you by email to us at firstname.lastname@example.org. Cancellation by any other means, including social media comments, are not considered by us and do not constitute a cancellation. If you cancel a trip, you will be responsible for the below amounts based on the date we receive your written confirmation of cancellation.
Cancellation Policy and Administrative Fees
- If you cancel 70 days or more before your Trip check-in, you have two options:
- Any payments made can be issued as “Travel Credit” on your account that can be applied to another trip free of charge (The first change is complimentary, and any additional changes will incur a $150 admin fee per person).
- Get a refund, minus a $150 admin fee (per person) and any transaction fees imposed by our payment gateway.
- If you cancel less than 70 days before your Trip check-in:
- Any payments made are non refundable and non transferable unless we are able to resell your spot.
- We will try our best to resell your spot to another traveler, and if we are able to resell it, then we offer two options:
- Any payments made can be issued as “Travel Credit” on your account that can be applied to another trip free of charge (The first change is complimentary, and any additional changes will incur a $150 admin fee per person).
- Get a refund, minus a $150 admin fee (per person) and any transaction fees imposed by our payment gateway.
- To cancel your booking, you must send a written notice to us by email at email@example.com.
- Cancellation policies will be applied based on the date we receive your written email notification in our businesses time zone, which is Pacific Standard Time.
Unused Activities and Services
- There will be no refund for any unused activities and services, early departures, late arrivals, or missed portions of your itinerary for any reason.
- Your decision not to participate in any aspect of the trip due to governmental warnings or advisories, fear of travel, or similar reasons will be considered a cancellation.
- In case of disruptions caused by Covid-19, our cancellation policy still applies based on circumstances beyond our control.
- No refunds will be provided for any unused portion of your trip, even in cases of quarantine, government refusal of exit/reentry, or supplier refusal of services due to infectious disease symptoms.
- We bear no liability, owe no refund, and offer no compensation for illness, disease, or sickness contracted during the trip or for third-party service refusals due to infectious disease symptoms.
- Exceptions to this cancellation and refund policy are not made for reasons related to weather, civil strife, personal emergencies, or other circumstances beyond our control.
- Comprehensive trip cancellation and interruption insurance is highly recommended (See Travel Insurance section for requirements).
11. CANCELLATION AND CHANGES BY LUSH PALM
While, of course, we will do our very best to deliver our exact itinerary on every trip, Lush Palm reserves the right to cancel, alter or postpone a trip without prior notice at any time prior to departure or after a trip commences for the safety and/or comfort of travelers, or if is not viable for us to operate the planned itinerary, and for circumstances of Force Majeure (more information on Force Majeure below.) Lush Palm will not be responsible or liable for deposits, payments, incidental expenses, policies or penalties for other services not included in the trip price, such as airline tickets, separate hotel reservations or other items (such as other trips or cruises) handled by participants not through Lush Palm. Please refer to your required travel insurance policy for further details regarding expenses covered by your insurance carrier.
If a trip is canceled due to reasons within Lush Palm’s control and not for reasons due to Force Majeure, we can offer you the following choices:
- Transfer all payments plus an additional $150 travel credit to be applied to any alternate Lush Palm Retreat
- Receive a full refund of your payment(s)
If a trip is canceled due to a Force Majeure event, we can offer you the following choices:
- Travel credit equal to the trip cost that you have paid minus any unrecoverable costs and monies. Unrecoverable costs and monies include but are not limited to deposit monies that we have received from you and forwarded to our suppliers, cancellation penalties imposed by third parties, our current standard fee to cover work involved in planning, booking and organizing your participation in a trip.
- Travel credit equal to the trip deposit and a refund equal to the trip remaining balance that you have paid minus any unrecoverable costs and monies.
By agreeing to our booking terms and conditions, you acknowledge that you are purchasing your trip in US Dollars and should any refunds or credits be given at any point after the time of purchase, you will be compensated in US dollars. Lush Palm is not responsible for changes in and fluctuations of exchange rates. This means that the US dollar amount of your payment and your refund will be the same.
If a cancellation occurs after a trip has commenced we will offer the same choice on a pro-rata basis.
Lush Palm factors into the trip a fee of $400 to cover the work involved in planning, booking and organizing your participation from the moment the trip is booked. This fee, at the absolute discretion of Lush Palm, may be incorporated as an unrecoverable cost if a trip was to be canceled, withdrawn, altered, modified, postponed, or rescheduled.
You understand and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities that will be included, but it is not a guarantee. While Lush Palm will do its best to operate all trips as advertised, reasonable changes in the itinerary may be made where deemed necessary by Lush Palm, in its sole discretion. The route, schedules, itineraries, amenities, restaurants, hotels, and mode of transport may be subject to alteration without prior notice due to availability issues, local circumstances, weather, or other unpredictable and unforeseen circumstances beyond the control of Lush Palm.
Though this is extremely rare, we must reserve the right to impose surcharges up to 15 days before departure in case of significant changes in exchange rates, unforeseen increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances Lush Palm will cover amounts up to 2% of the trip price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 7 days of notification of the surcharge and obtain a refund, minus any unrecoverable costs. Please note that a surcharge may be applied to a purchase made by credit card.
We shall not be deemed to be in breach of this agreement or otherwise liable to you, by reason of delay in performance, or by non-performance, of any of our obligations hereunder as a result of any cancellations, alterations or modifications under this section.
ADDITIONAL INFORMATION REGARDING FORCE MAJEURE
Lush Palm will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of nature and/or God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, pandemics, epidemics, diseases and viruses that are known, unknown or novel such as coronavirus/COVID-19 (including any spread thereof), government intervention of any kind including those that affect domestic and/or international travel, border closings, border limitations, border restrictions, weather conditions, and other unforeseen circumstances.
If Force Majeure prevents, significantly hinders, renders it difficult, makes it commercially impractical, or makes it impossible for us or our suppliers to provide the services including but not limited to your trip, we and our suppliers shall be entitled to, and may in our complete and sole discretion, vary, delay, postpone, reschedule, alter or cancel any itinerary or arrangement in relation to the tour, including the entire tour itself.
Regarding civil unrest, once we have investigated the prevailing situation, as we deem fit, it shall remain in our sole and absolute discretion whether to proceed with the tour. If we are affected by Force Majeure, we, if practicable, will notify you of the nature and extent thereof.
12. TRIP TRANSFERS AND TRAVEL CREDITS
If transferring trips or dates, any deposits/amounts paid to date are non-refundable and can only be used for travel credit. The following terms apply to all trip transfers and travel credits:
For trips 70 days or more from the check-in date, we allow one complementary trip transfer per booking. Additional trip transfers will incur an administrative fee of $150 per person. Transfers requested within 70 days of the trip check-in date are subject to our regular traveler cancellation policy.
When transferring trips or rescheduling dates, your booking will be bound to the latest version of Lush Palm’s Booking Terms, a copy of which will be available on the website.
13. CREDIT/DEBIT CARD CHARGEBACK POLICY
We really care about your experience and always strive to make our customers happy. If you are not pleased with our services for any reason, you agree not to file a chargeback with your credit or debit card company either directly or through someone else, before you have given us an opportunity to address the matter. By signing this agreement, you agree to work with us in good faith to resolve your dispute and acknowledge that chargebacks are not an appropriate way to avoid our cancellation and refund policies. We will dispute any chargeback request, provide this agreement as proof that you agreed to our cancellation and refund terms, and reserve the right to report fraudulent chargebacks to authorities. Should we win any chargeback that you initiate, you agree to reimburse us for our attorney’s fees, time, costs and expenses in rebutting the chargeback and pay any damages we suffer as a result of your chargeback dispute.
Lush Palm is acting at all times as an independent contractor for all suppliers who provide your transportation, accommodations, activities, and other services in connection with your trip. Lush Palm does not own, operate, or control any of the suppliers of service that provide accommodations, meals, transportation, sightseeing activities, or other goods and services connected with your trip. We strive for excellence in our operations and with all suppliers, but ultimately, these suppliers are responsible for their performance. Lush Palm and its owners, employees, shareholders, officers, directors, representatives, volunteers, successors, agents and assignees are not liable for any negligence, willful act, financial insolvency, or default of any supplier or any third party. Lush Palm does not have any special knowledge about its supplier’s financial condition. A supplier’s goods and services are subject to the supplier’s own terms and conditions, as well as local laws and regulations.
15. VALIDITY & PRICING
Prices are based on tariffs, government fees, exchange rates, and supplier rates in effect when our trips itineraries are first published. On very rare occasions it may be necessary for us to impose surcharges should prices increase significantly due to inflation, costs of services, foreign exchange rates, or other factors. Such surcharges may be imposed at any time up to final payment.
We reserve the right to make changes to and correct errors in quoted prices at any time before your trip is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
All discounts and any reduced pricing and/or promotional benefits are applied at Lush Palm’s sole discretion. Lush Palm may offer special discounts or early bird pricing on select trips. If you have previously canceled a booking for a trip, you may not be entitled to re-book on the same or any similar trip with any promotion or discount applied.
16. IMAGES RELEASE AND SOCIAL MEDIA
You agree that Lush Palm may use, re-use, link to, repost and reproduce any images, photos, videos, or any written content (e.g., blog posts, articles) that you send to us, that are taken by our guides, trip hosts and/or other travelers of you individually or in a group, or that you post online including on social media using our hashtags (e.g., #lushpalm, ) in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promoting and publicizing our travel products and services worldwide. We will strive to provide attribution. If you do not want to grant this specific right to Lush Palm, you must let us know in writing at the time of booking and specifically state that you are opting out of Images Release.
17. YOUR ACCOUNT
You may be required to sign up for an account to participate in our services, and select a password and username. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your username a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.
18. BACKGROUND CHECK
To the extent permissible under the law, we reserve the right to do background checks and to consider the results of said background checks in determining the eligibility of an applicant for our trips. However, we have no obligation to do so.
19. PASSPORTS, VISAS, AND OTHER TRAVEL DOCUMENTATION
You must carry a valid passport and have obtained all of the required visas, permits, certificates, proof of vaccinations, and other travel documentation for all the countries in which you will visit during your trip. Your passport must be valid for 6 months beyond the duration of the trip. It is your responsibility to ensure that you satisfy all entry requirements and that you are in possession of the correct visas, permits and certificates for your trip and that all of the information on those documents are accurate. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
You are solely responsible for any adverse consequences, including additional costs and fees, resulting from incomplete or defective documentation. While we may provide information or advice on matters such as visas, vaccinations, climate, clothing, baggage, and special equipment in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.
For information concerning possible dangers at an international destination, contact the government office in your country that is responsible for issuing travel advisories. In the U.S., contact the Travel Advisory Section of the U.S. State Department, 1-888-407-4747, http://www.travel.state.gov/. U.S. citizens may register for the U.S. government’s Smart Traveler Enrollment Program, a free service, at https://step.state.gov/step/. For medical information, contact the U.S. Centers for Disease Control (CDC), 800-232-4636, http://wwwnc.cdc.gov/travel/, or the responsible government agency in your country.
20. PRE-DEPARTURE DOCUMENTATION
It is important that you carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We cannot accept any liability if you do not notify us of any inaccuracies within 10 days of your receipt of those documents. This agreement, our Traveler Pledge, our Release of Liability and Assumption of Risk Waiver, our Health Declaration Form, and, if required, a medical statement or certification must be submitted by you. If you fail to submit these and other necessary documentation prior to your trip check-in date, we reserve the right to treat your booking as canceled by you and impose the cancellation fees described in this agreement.
21. AIRLINE DELAYS, MODIFICATIONS, AND CANCELLATIONS
Lush Palm cannot be liable for mistakes or errors in airfare bookings made by the traveler or any independent third parties. Lush Palm will provide detailed trip arrival and departure requirements via email once the traveler is confirmed and the trip’s flights are “greenlighted.” It is up to the traveler to ensure the correct arrival and departure flight information from the trip start and end airports. In addition, you are responsible for adhering to baggage allowances and other airline-specific guidelines. Any airline charges are the financial responsibility of the traveler.
Lush Palm is not responsible for any change to airline schedules or flight numbers or for any additional expenses or loss that may arise from airline strikes and/or airline, airport, or weather delays. Lush Palm will not reimburse travelers for any additional expenses incurred as a result of such events or delays.
22. CLAIMS & COMPLAINTS
If you have a complaint about your trip, you agree to inform your trip host(s) or our Support Team immediately so that they can attempt to rectify the matter. Lush Palm assumes no liability for complaints that are not properly brought to the attention of the trip host or the Support Team with sufficient notice to resolve or attempt to resolve complaints. Any complaint made after the completion of a trip must be received via email to firstname.lastname@example.org within 15 days from the end of the trip. Traveler acknowledges and agrees that Lush Palm has no obligation to respond to or address any claims received after this period.
23. AUTHORITY ON TRIPS
Lush Palm trips are run by trip hosts and surf coaches. The decision of the trip hosts and surf coaches are final on all matters likely to affect the safety or well-being of any person participating in the trip. If you fail to comply with a decision made by a trip host or surf coach, or interfere with the well-being or mobility of the group, the trip host or surf coach may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips, even if they are already booked. In addition, you agree to comply with the laws, customs, foreign exchange, and drug regulations of all countries visited, as well as in accordance with our responsible travel guidelines.
24. LIMITATION OF REMEDIES
You agree that the sole remedy for any default by Lush Palm arising under this agreement shall be the return of the paid trip cost, to the extent consistent with applicable law. To the maximum extent permitted under applicable law, Lush Palm shall not be liable for any special, consequential, indirect, incidental or other damages arising out of or in any way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Lush Palm has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.
25. SUCCESSORS AND ASSIGNS
This agreement shall vest the benefit of and be binding upon Lush Palm and you and your respective heirs, legal and personal representatives, successors and assigns.
If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable, and which achieves, to the extent possible, the original objectives and intent of the original provision.
27. APPLICABLE LAW
All Lush Palm trips, products, bookings and reservations (including but not limited to those made online), policies, and terms and conditions are subject to the laws of the State of California, and all travelers submit to the exclusive jurisdiction of the state and federal courts located in San Diego, California, United States for the resolution of any dispute under these terms and conditions or concerning Lush Palm.
28. AMENDMENTS TO BOOKING TERMS & CONDITIONS
Lush Palm reserves the right to update and/or alter these booking terms and conditions at any time, and shall post the amended terms and conditions on the Lush Palm website. Any such amendment shall take effect immediately upon being posted to the Lush Palm website or immediately upon notice to you in writing by email or mail. You are deemed to have accepted any amendments to these terms on the date they are posted to our website or when we provide notice to you in writing by email or mail. Your continued use of the services, participation on one of our trips, or use of the Lush Palm website constitutes acceptance of any amendments that we make to these Terms. The latest booking terms and conditions, as amended, may be accessed anytime on our website, and can be sent upon their written request via email to email@example.com. All travelers and Lush Palm customers shall be deemed to have accepted any amendments to these booking terms and conditions on the date that is 7 days after their posting on the Lush Palm website.
29. REFUSAL OF SERVICE
Lush Palm retains the right to refuse service to any traveler or potential client at any time, for any lawful reason, in its sole discretion.
This agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.
I have read this entire agreement and I understand that this is a legally binding contract. No other representations concerning the legal effect of this document have been made to me.
KNOWING AND VOLUNTARY EXECUTION: I have had sufficient time to read this entire agreement. I have carefully read and understand the provisions and legal consequences of this agreement, and I voluntarily agree to all of its terms and conditions. I understand that I am giving up substantial rights by accepting the terms of this agreement. I acknowledge that it has been recommended that I have my attorney review this agreement prior to accepting it.