TERMS OF USE

Effective Date: 10/30/2023
Last Updated: 03/07/2024


CST# 2144280-50
FL SOT DTN: ST42524
WA (UBI): 604-661-571


Welcome to elysianescapes.travel (hereinafter “Website”). SG Representation d/b/a Elysian Escapes (“we,” “us,” or “our”) invites you to access this Website subject to the following Terms of Use, which may be updated from time to time without notice to you. It is your responsibility to review these terms and conditions periodically.

The Website is provided solely to assist you in gathering travel information, determining the availability of travel and related goods or services, making legitimate reservations, and for no other purposes.

By accessing, using or obtaining any content, products, or services through our offices or through our website, you, the purchaser and/or traveler (“customer” and “passenger” and “you/your”) agree to be bound by these terms.

By accessing and using this Website, you agree to the following terms and conditions, Privacy Policy, and any additional terms and conditions that may apply to services and products available through this Website. You agree, by accessing and using this Website, that you are at least 18 years old or supervised by a parent or guardian, and legally able to enter into a contract.

Please read the following Terms of Use carefully. By browsing, accessing, or using this Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use and our Privacy Policy, hereby incorporated by reference. This is a legal agreement between you (“user”) and SG Representation.

If you wish to purchase a service or product through our Website, you agree to these Terms of Use and our Terms and Conditions for each product or service purchased. In the event of any conflict between these policies, the Terms and Conditions shall control.


Use Of The Website
As a condition of your use of the Website, you warrant that:
• you are at least 18 years of age;
• you possess the legal authority to create a binding legal obligation;
• you will only use the Website to make legitimate reservations for you, for your minor child or for people from who you are legally authorized to act;
• you will inform people on whose behalf you have made reservations of the Terms of Use that apply to the reservations you have made on their behalf.
• all the information supplied by you on this Website is true, accurate, current and complete; and
• if you sign up for an account, you will keep your account information safe and accept responsibility for any use of your account by you and anyone other than you.
We reserve the right at our sole discretion to deny access to the Website and the services we offer at any time for any reason, including but not limited to, for violating these Terms of Use.


User Rights, Conduct, and Limitations
Your privacy is important to us. Please review our Privacy Policy for information about what data we collect, how we collect your data, why we collect your data, how long we retain your data, when we may share your data, and your rights regarding your personal data.

You hereby acknowledge and agree that these Terms of Use are supported by reasonable, adequate, and valuable consideration including, but not limited to, your access to the information and resources provided through this Website.

Users may access and use this Website for lawful purposes only. By accessing this Website, you agree not to post, transmit, email, or in any other way make available content that infringes on the trademark, copyright, propriety, or privacy rights of any entity or individual including personal data belonging to another person such as their email address, telephone number, credit care information, postal address, or other sensitive data.

You agree not to post, transmit, email, or in any other way make available content that is obscene, defamatory, pornographic, sexually explicit, promotes violence, contains hate speech, or invades the privacy of another.

You agree not to access this Website to carry out commercial activity or transmit spam.

You agree not to use any robot, scraper, or spider to access this Website.

You agree not to use this Website for any unlawful purpose.

You agree not to submit false, misleading information or conduct fraudulent activities

You agree not to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or any related site, other websites, or the Internet.

You agree not to interfere with or circumvent the security features of the Website or any related site, other websites, or the Internet.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which the service is provided, without express written permission by us.

You agree not to interfere with advertisements or safety features on this Website in any way including blocking or obscuring such advertisements or safety features.

You acknowledge and agree that SG Representation, in its sole discretion, may remove any content it deems to violate these Terms or otherwise constitute a criminal offense, fraud, or potentially create civil liability.

In the event of third-party legal action against you arising from or relating to your use of this Website, you agree to hold harmless and indemnify SG Representation from any related claims or actions.


Third-Party Software.
Through our Website we may provide you with access to third-party software and tools (“Tools”) over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such Tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which Tools are provided by the relevant third-party provider(s). For example, Google Maps are used through our Website and are governed by the Google Terms of Use and the Google Privacy Policy. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.


Third-Party Links.
Certain content, products and services available via our Website may include materials from third parties. Third-party links on this Website may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.


Acknowledgement of Risk.
You understand and acknowledge that your travel in connection with and participation in any travel activities which may take place may involve risk and potential exposure to injury or fatal injury and that risk and dangers may arise or be caused by the negligence or participation of other travelers or contractors, and/or subcontractors or from other foreseeable and unforeseeable causes, including weather and other acts of nature.

Use of SG Representation (“Elysian Escapes”) Access and Information for travel bookings.

You also warrant that all information supplied by you or members of your household transacting business with SG Representation is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities provided by SG Representation shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.

Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by SG Representation and any supplier with whom you elect to deal, or with whom SG Representation deals on your behalf, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in SG Representation debiting your account for any costs SG Representation incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by SG Representation. Customer authorizes SG Representation to book on third party travel booking sites to fulfill Customer’s travel requests, including low or lowest available prices. Customer ratifies SG Representation’s actions on Customer’s behalf, including acceptance of such third party’s terms and conditions, which limit Customer’s rights, and Customer agrees to bound by such actions.

In the event of any inconsistency or ambiguity of terms, SG Representation shall benefit from the most favorable term(s) to SG Representation in each instance.


Submissions
In your use of this Website, you may submit comments, suggestions, reviews, questions, and other information. However, any submissions that contain illegal, obscene, or threatening information will be removed, and you may be prohibited from future use of this Website. You also may not submit any type of spam including, but not limited to, mass mailings or chain letters, political campaign material, or commercial solicitations. You may not transmit any information which infringes on another party’s intellectual property, invades the privacy of another, or in any other way causes injury to another individual. You may not transmit data containing software viruses. Any violation of these terms may result in an immediate termination of your right to access this Website and may prohibit you from future use of this Website.

We reserve the right to edit and remove any content generated by or involving you on our Website. We assume no responsibility or liability for any content sent or posted by you or any other person.

Subject to the terms set forth in our Privacy Policy, no user submissions will be treated as confidential and your submission of data or information to us does not form a confidential or fiduciary relationship, nor does it create any expectation of confidentiality between you and SG Representation.


Intellectual Property Rights and Limited License
SG Representation reserves rights to all content, information, data, text, logos, design elements, headers, service marks, trademarks, photographs, images, videos, blog posts, program and product names, graphics, color schemes and artwork published, to the extent protectable, on this Website, as well as any and all information assessed through this Website which is proprietary. SG Representation is not responsible for content on Website operated by third parties.


Disputes
We are committed to excellence in dealing with our customers so we will try to address your concerns in the case any problems arise. You agree to give us the opportunity to resolve any dispute related to the Website, our customer service agents or our products and services (“Claims”) by contacting us by phone at 817.482.0404 or emailing said complaint to “SG Representation” at michelle@elysianescapes.travel. Claims related to an already completed tour should be submitted within 30 days of the tour completion date so that we may investigate them promptly


Disclaimer Of Warranties
Although we endeavor to provide current, accurate and reliable information on our site, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, Content or information. We cannot and do not warrant your use of our site, or the operation or function of our site, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements.

Your use of our site is solely and fully at your own risk, and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site. We make no representations about the suitability, reliability, availability, timeliness and accuracy of the site. OUR SITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.


Our Limited License to You
By accessing and viewing this Website, SG Representation grants you a limited, non-transferrable, revocable license to view content on this Website. If you purchase any product or service through this Website, you may download purchased content subject to a limited, non-transferrable, revocable license for your own personal, non-commercial use to download, view, and copy the material. You are prohibited from reselling or distributing such purchased material.
No other use of our content is permitted without the express written consent of SG Representation. You may not use any Intellectual Property belonging to SG Representation without express written consent. You may not copy, reproduce, repost, alter, manipulate, sell, or distribute any of the Intellectual Property of SG Representation without our express written consent. If you violate any portion of these terms, you must destroy any copies you made of our content immediately and your right to access and use this Website and content shall terminate automatically. We reserve the right to take any and all appropriate legal action against infringement upon our intellectual property rights. Furthermore, if your violation of these Terms involves or relates to materials you have purchased through this Website, we reserve the right to revoke your access to that material, without refund, and take any appropriate legal action.


Your License to Us
By publicly posting any original content on our Website, you agree to assign any intellectual property rights to that content to us in exchange for the good and valuable consideration of accessing and using our Website.

If you submit to us your original content through our Website, social media accounts, webinars, or any other public medium, you acknowledge, understand, and agree that you are granting us an irrevocable, unlimited, non-exclusive, perpetual, and royalty-free worldwide license to copy, edit, use, distribute, sell, or publicly display any content you post.


Digital Millennium Copyright Act
In compliance with the Digital Millennium Copyright Act, we will review all copyright infringement claims that we receive and remove any content posted or distributed in violation of U.S. copyright law.

To notify us of a claim of copyright infringement, please include all information and details required by the Digital Millennium Copyright Act and send notice of your claim to:
SG Representation michelle@elysianescapes.travel
 

Limitation Of Liability
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We may remove the Website for indefinite periods of time at any time, or permanently, without notice to you. We shall not be liable to you or to any third-party for any modification, change, suspension or discontinuation of the Website.

The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.

The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

You expressly agree that your use of, or inability to use, the Website is at your sole risk. SG Representation disclaims all warranties and conditions that the Website, its servers and email sent by us is free of harmful components. The information, software, and all products and services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall SG Representation, our members, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website or any of the service or products procured through the Website, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website or our promotional documentation, even if advised of their possibility.

If despite the limitation above, SG Representation or our respective suppliers are found liable for any loss or damage arising from the above causes, then the liability of SG Representation and/or our suppliers will in no event exceed in the aggregate the greater of (a) the fees you paid to SG Representation in connection with the products and services or (b) One Hundred Dollars (US$100.00).


Indemnification
You agree to indemnify, defend and hold harmless SG Representation and our members, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


Errors On Our Website
Prices and availability of tours and services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for tours and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.


Severability
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and right to enforce the other remaining provisions.


Termination
Any violation of these Terms of Use may lead to termination of user’s access to this Website and/or appropriate legal action. In our sole discretion, we may, for any reason, limit, restrict, suspend, or terminate your access to this Website without prior notice or liability.

By accessing or using this Website, you consent irrevocably to personal jurisdiction in such courts in relation to any matter in connection with your use of this Website or use of services provided by or products purchased from SG


Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of Texas.


Entire Agreement
These Terms of Use together with our Terms and Conditions and Tour Participation Agreement constitute the entire agreement and understanding between you and SG Representation, and govern your use of the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.