1. Introduction and Agreement to Terms & Conditions
Users of the https://lushpalm.com website and travel services and/or any other web applications, content, or social media accounts owned by Lush Palm LLC, acknowledge and accept these Terms & Conditions (“Terms”). These Terms create a legally binding agreement made between the user (“you” or “your”), whether personally or on behalf of an entity, and Lush Palm LLC (“Lush Palm,” “we,” “us” or “our”), concerning your use of our Website, lushpalm.com, including its subpages and subdomains as well as any other media form, social media accounts, web applications and/or web pages associated, linked, or otherwise connected to lushpalm.com (collectively, the “Website”) and our content, consultations, booking services, and travel recommendations (collectively, the “Services”). You agree that by using our Website and Services, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using our Website and Services and you must stop use immediately.
We reserve the right, in our sole discretion, to make edits, changes, or modifications to these Terms at any time and for any reason. It is your responsibility to review these Terms from time to time to stay informed of updates. You will be subject to, and will be considered to have been made aware of and to have accepted, any changes in our revised Terms by your continued use of our Website and Services after the date such changes have been made.
Our Website and Services are intended for users who are at least 18 years of age. Persons under the age of 18 must gain consent from their parent or guardian in order to use our Website and Services.
We take all reasonable steps to ensure that the information provided through our Website and Services are correct. However, we do not guarantee the correctness or completeness of material through our Website or Services. We may make changes to the material on our Website at any time and without notice. The material on our Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
The information, content, and materials provided through our Website and Services are provided without any conditions, guarantees, or warranties of any kind.
2. Scope of Services
Our Website and Services are intended to help you research, plan, and book surf-centric vacations and experiences around the world. We are not tour operators or hoteliers but rather travel agents offering travel recommendations, inspiration, and booking services in connection with various Third Party Suppliers (“Suppliers”) of accommodations, tours, activities, retreats, charters, and other travel services.
3. Your Booking Agreement
We act as a booking agent for various Suppliers featured on our Website and through our booking Services. When you make a booking through our Website or Services, you are entering into a “Booking Agreement” or contract with the Supplier via Lush Palm, not with Lush Palm itself. As an agency, we do not accept responsibility for the acts or omissions of the Supplier or for the accommodations and services provided by the Supplier. Our Terms, as well as the Supplier’s terms and conditions, will apply to your booking and we strongly advise you to read these carefully as they contain important information about your Booking Agreement. Please ask us for copies of these if you do not have them.
4. Rates and Quotes
All rates are quoted in U.S. Dollars unless otherwise noted. Rates are subject to availability and can change at any time and without notice. We reserve the right to make adjustments if any rates were incorrectly stated. Rates and quotes for Services are only guaranteed once a booking has been paid for in full. Unless otherwise explicitly stated, the following will not be included as part of our quoted rates;
(a) flights and transportation to and from the property or supplier
(b) surfboard bag fees or any other baggage related charges
(c) foreign government departure taxes
(d) any fees related to passports, visas, inspections, immigration, or customs
(e) travel insurance of any kind
(f) airport parking
(g) tips, gratuities, and service fees
(h) personal items, incidentals, and laundry
(i) additional Supplier fees directly incurred by you or your party
(j) any other fees, activities or items not explicitly stated to be included in our Services
In summary, you are fully responsible for all and any additional travel-related fees and expenses you incur through using our Website and Services. In the event of a rate increase, we reserve the right to pass any outstanding balances on to you.
5. Payments, Deposits, Cancellations and Refunds
All confirmed bookings are subject to the individual Supplier’s terms and conditions. Once the booking is confirmed, you are subject to the terms and conditions of that Supplier’s payment, deposit, cancellation, and refund policies.
Payment procedures will be subject to the payment procedure of the Supplier. Any advance deposits, additional fees or charges will always be clearly outlined before you make your booking. Your booking is confirmed and a contract between you and the hotel will exist when we send you confirmation on their behalf. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. As we act only as a booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
When an offer of availability is made by the Supplier, your booking is not confirmed until you receive a booking confirmation. We, therefore, advise you to accept the offer as soon as possible after receipt in order to make a firm booking. You will be notified by email within 24 hours whether your booking has been confirmed. It is your responsibility to contact Lush Palm at [email protected] if a confirmation email has not been received.
b. Supplier’s Amendment & Cancellation Policy
If you want to amend or cancel a confirmed booking, you must contact us. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier. In all cases, once the booking is confirmed, you are subject to the terms and conditions of that Supplier’s cancellation policy.
6. Changes and Cancellations by the Supplier
We will inform you as soon as reasonably possible if the Supplier needs to make a considerable 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.
Because the Booking Agreement for your arrangements is between you and the Supplier, any queries or concerns upon arrival or during your stay should be addressed to them. If you have a problem during your stay, this must be reported to the Supplier immediately. If you fail to follow this procedure there will be less opportunity for the Supplier to investigate and rectify your complaint. The amount of compensation you may be entitled to may, therefore, be reduced or extinguished as a result.
If you still wish to complain when you return home, you can contact us and we will liaise between you and the Supplier in order to try to resolve your complaint. Please note that we do this as part of our customer service to you and as a gesture of goodwill. We do not accept responsibility for dealing with complaints, nor do we have any liability for refunds or compensation.
“Accommodations” are any lodgings in a dwelling or similar living quarters afforded to you including, but not limited to, hotels, resorts, villas, boat charters, camps, and any other shelter or properties. We market, advertise, and sell Accommodations for third-party Suppliers and retain no ownership or management interest in those Accommodations. We do not guarantee the location or the amenities of the Accommodations nor the performance of the third-party Supplier or any associated services. If any issues arise, please contact the Supplier of the respective Accommodations directly as soon as possible.
Accommodations and living standards may vary from country to country and region to region. We make no guarantees about Accommodation living standards. You are fully responsible for any additional costs incurred, i.e. upgrades, amenities, room service, personal requests, etc.
9. Visas, Passports, Travel Regulations, Health, and Personal Safety
You are responsible to research and fully understand all laws, rules, policies and travel regulations related to visas, passports, customs, and all aspects of domestic and international travel. You are responsible for ensuring that all persons in your travel party are in possession of all requisite travel documents including, but not limited to, passports, permits, visas, immunization and vaccination papers, customs forms, and so on, at the commencement of travel and that all members of your travel party fulfill any necessary health requirements. We assume no responsibility whatsoever for any assurance, guarantee, currency or accuracy of the information provided through our Website or Services.
Most international travel requires a valid passport until at least six (6) months beyond the scheduled end of your trip. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to your travel arrangements.
For information about conditions abroad that may affect travel safety and security, please visit the U.S. Department of State website at https://travel.state.gov/content/travel.html. For foreign health requirements and associated risks visit the Centers for Disease Control and Prevention (CDC) website at https://wwwnc.cdc.gov/travel/.
WE DO NOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, TRANSPORT OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION. IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS OR OTHER FINANCIAL PENALTIES, YOU ARE TO BE HELD FULLY RESPONSIBLE.
Although most travel to participating destinations is completed without incident, travel to certain areas may involve greater risk than others. You assume sole responsibility for your own safety at any destination traveled to. We do not guarantee your safety at any time and assume no responsibility for gathering and/or disseminating information for you relating to risks associated with your destinations.
BY OFFERING OR FACILITATING TRAVEL TO CERTAIN DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
10. Medical and Physical Conditions; Medical Emergencies
You are fully responsible for managing your own medication and medical, physical, or allergic conditions during your Trip. You understand that in the event of injury, or exacerbation of your medical condition, Lush Palm may not be held responsible. If a serious emergency arises, it may be necessary for emergency evacuation or for a physician to visit and take care of you, however, you recognize that Lush Palm is not responsible or obligated to take any action to facilitate or assist that treatment. You release Lush Palm from any liability relating to any such medical care, whether secured by Lush Palm on your behalf or otherwise, and you agree to be responsible for any and all expenses incurred for said medical care.
Should you have to cancel your booking because of illness, injury or death to you or an immediate family member, depending on the type of coverage purchased, travel insurance may protect some or all deposits and payments for both air and travel costs. You are responsible for understanding the limitations of your insurance coverage and for purchasing additional insurance as needed. You are solely responsible for researching, evaluating and purchasing appropriate coverage. You agree that we are not responsible for any uninsured losses.
We strongly recommend travel insurance anytime you travel and often times certain travel insurance is required by Suppliers and tour operators. You acknowledge that you are fully responsible for obtaining and maintaining any travel insurance which is required by any Supplier’s booking terms and conditions.
12. Seller of Travel Disclosures
Lush Palm LLC is registered with the California Department of Justice. CST# 2139219-40. Registration as a seller of travel does not constitute approval by the State of California. This business is a participant in the California Travel Consumer Restitution Corporation fund. Please be advised that passengers physically located in California at the time of sale may request reimbursement from TCRC if they are owed a refund of more than $50 for transportation or travel services which was not refunded in a timely manner by a seller of travel who was registered and participating in the TCRC at the time of sale. The maximum amount which may be paid by the TCRC to any one passenger is the total amount paid on behalf of the passenger to the Seller of Travel, not to exceed $15,000. * Please note that if you were outside of California at the time of purchase, such transactions are not covered by the TCRC.
A claim must be submitted to the TCRC within six months after the scheduled completion date of the travel. A claim must include sufficient information and documentation to prove your claim and a $35 processing fee.
You must agree to waive your right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a claim with the TCRC if you were located in California at the time of the sale.
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.
13. Limitation of Liability
WE SHALL NOT BE HELD LIABLE FOR ANY EVENTS, CONSEQUENCES, ACTS, OMISSIONS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR ANY LOST TIME, OPPORTUNITY OR OTHER ITEMS OF MONETARY VALUE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
WE ARE STRICTLY ACTING AS A THIRD PARTY BOOKING AGENT FOR ALL SUPPLIERS. OUR SERVICES ENTAIL SELLING OUR SUPPLIER’S ACCOMMODATIONS AND TRAVEL SERVICES AND WE RETAIN NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY SUPPLIERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DO NOT ASSUME ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, INJURY, ACCIDENT, DEATH, OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING OUR THIRD PARTY SUPPLIERS), GOVERNMENT AUTHORITIES, OR ACTS CAUSED BY YOU, INCLUDING BUT NOT LIMITED TO, NEGLIGENT OR RECKLESS ACTS, EVEN IF WE HAVE BEEN INFORMED THAT SUCH EVENTS WERE POSSIBLE OR PROBABLE.
14. Force Majeure
We shall not be responsible for failure to perform any of our obligations under these Terms during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond our reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, epidemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power services, terrorism or any other causes beyond our control or deemed by us to constitute a danger to your safety and well-being. We reserve the right to cancel any Services due to Force Majeure.
15. Prohibited Activities and User-Generated Content
Our Website may invite you to comment, publish blogs, chat, post to online forums, among other functionality, and may provide you with the opportunity to create, submit, post, display, publish, distribute, or broadcast content and materials to us or on our Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of our Website and through third-party Websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you hereby represent and warrant that:
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, our Website, and other users of our Website to use your Contributions in any manner contemplated by our Website and these Terms.
- The creation, distribution, transmission, public display, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by our Website and these Terms.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions are not discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to civil liability, or otherwise is contrary to the law in the United States.
- Your Contributions are not false, inaccurate, or misleading.
Any use of our Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use our Website and Services.
16. Third-party Websites and Content
Our Website may contain links to third-party websites, advertisers or travel services which we do not control. By use of those third-party websites, you agree that we are not liable or responsible for the availability or accuracy of such websites, or the content, products, or services available from such websites. Your dealings with any third party websites or links found on our Website are solely between you and those third parties, and you agree to assume all responsibility, risk, and liability for your interactions with such websites. We strongly encourage you to read the appropriate terms of conditions and privacy policies and any websites before utilizing their services as you agree to expressly hold us harmless from any and all liability from your use of those third-party websites, links, services, or advertisers.
17. Marketing Materials and Photos
Lush Palm aspires to illustrate Services and Accommodations it sells using photographs or illustrations that provide a realistic representation of the Services offered. However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. They are binding on Lush Palm only to the extent that they illustrate the type or standard of such Services, and are not contractual nor are they to be construed as guarantees of the conditions of the Services pictured at the time of your Trip. The images of the Services on our Website and other marketing materials are drawn from the individual Service websites and we cannot confirm or guarantee the accuracy of the pictures or the current status of the travel destinations.
This Website contains paid advertising banners and contextual affiliate links. Affiliate links mean that we may receive a commission of the sales price of purchases originating from our Website. Everything we share on our Website, paid or not, are products we’ve either thoroughly researched, are fans of, and/or personally use, and we have a strong policy against promoting products we don’t believe in. Any products which have been gifted or provided to us at no cost for review is noted with an asterisk (*) or c/o (courtesy of) at the bottom of the post. Any sponsored giveaways or blog posts will be noted as such in accordance with FTC disclosure rules and regulations.
20. Copyright and Trademark
(a) Copyright. Except where otherwise indicated, the content on our Website is the property of Lush Palm LLC (or its licensors, affiliates, and/or marketing services) and is displayed for the enjoyment of Website visitors. Any other use of our Website material is not allowed without consent. If you believe any material on our Website infringes your copyright, please contact [email protected]
(b) Trademark. Except where otherwise indicated, all trademarks on our Website are provided to indicate the source of the goods and/or services displayed on our Website. Any other use of the trademarks on our Website is not allowed without explicit written consent from the trademark owner. If you believe any material on our Website infringes on your trademark rights, please contact [email protected]
21. Indemnification and Release
You hereby release Lush Palm and our successors from claims, demands, any and all losses, liabilities, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of our Website and Services, including but not limited to, interactions of any kind arising in connection with or as a result of using our Website, Services or third party Suppliers whether caused by the negligent, intentional, or reckless conduct of another traveler, a service provider, a Supplier of Accommodations, or any other third party.
You also agree to indemnify, defend and hold harmless Lush Palm from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys’ fees) and expenses, arising out of any claim brought against Lush Palm regarding, resulting, or arising from your participation in a trip or booking of travel services.
22. Severability and Survivability
If any provision or portion of a provision in these Terms shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. You and Lush Palm agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.
Notwithstanding any other provisions of these Terms or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.
23. Disclaimer of Warranties
Unless otherwise stated, all products, accommodations, goods, and services offered through Lush Palm are provided to you “as is” on an “as available” basis. Certain information, such as user-generated content and ratings, should be viewed as objective opinions and personal perspectives. We do not guarantee the accuracy of this information.
To the fullest extent permissible pursuant to applicable law, Lush Palm disclaims all representations and warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, suitability for a particular purpose, title, uninterrupted service, and any warranties arising out of a course of performance, dealing or trade usage for all goods and services sold by or through Lush Palm. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
24. Disputes: Binding Arbitration, Governing Law, Jurisdiction, etc.
These Terms and the relationship between you and Lush Palm will be governed by the laws of the State of California without regard to its conflict of law provisions.
The arbitration shall be administered by JAMS’ pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event, a party fails to proceed with arbitration the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy shall act as a waiver of the moving party’s right to compel arbitration of any dispute.
You and Lush Palm agree to submit to the personal jurisdiction of the federal and state courts located in San Diego County, California with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute. You and Lush Palm agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute, shall be the federal and state courts located in San Diego, California and to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court. YOU RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND LUSH PALM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION.
25. Attorney’s Fees, Costs, and Expenses of Suit
26. Entire Agreement, Waiver, Etc
These Terms and Conditions constitute the entire understanding and agreement of the parties with respect to the subject matter covered by them and supersede all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. No terms contained on any proposal, acknowledgment, or other documents will be effective with respect to affecting the terms hereof. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party’s right thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. Lush Palm does not guarantee it will take action against all breaches of these Terms. No waiver, modification or amendment of any provision hereof will be effective unless it is in writing signed by both the parties.
27. Contact Information
Lush Palm LLC
270 N El Camino Real
Encinitas, CA, 92024
+1 (858) 883-8990