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Travel Policy

Last Revised: December 31, 2024

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THANK YOU FOR SELECTING FUNKY FRESH TRAVEL, LLC! IT IS THE TRAVELER’S RESPONSIBILITY TO READ THESE POLICIES BEFORE SIGNING UP FOR ANY TRIP OR REMITTING ANY PAYMENTS. THESE POLICIES ARE A LEGAL AGREEMENT BETWEEN YOU AND FUNKY FRESH TRAVEL.

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This Funky Fresh Travel, LLC, Travel Policies (the “Policies”) is a legally binding agreement between you, the Traveler ("You," “Your” “Traveler” or “Funkateer”) and Funky Fresh Travel, LLC (“Funky Fresh Travel, LLC, Funky Fresh”, “FFT”, FFTravel or “Funkmaster”), a limited liability company operating in California, and shall be effective on the date you complete registration for a trip and make payment. The Policies describe the terms governing your participation in a trip with Funky Fresh Travel, LLC.

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Contact for Questions and Notices

By Email: funkyfreshtravel@gmail.com

By Mail: 3101 Ocean Park Blvd, Suite 100-527, Santa Monica, CA 90405

 

Activity Level and General Fitness

All Funky Fresh Travel tours require walking and other physical exertion. You can expect to walk 2-3 miles on average over the course of a day, navigate steps, get in and out of transportation, and manage your personal belongings without assistance. On some tours, especially European tours, the walking can increase to 5-7 miles of walking over the course of a day. For these reasons, our tours are not suitable for anyone physically challenged, anyone who is walking impaired, or a slow walker who cannot keep up with the pace of the group. We cannot provide individual assistance to you for walking, dining, getting on and off buses and trains, carrying baggage, or other personal needs. Persons needing such assistance must bring a qualified and physically able companion responsible for providing such assistance and/or services.

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If a traveler chooses to go on a tour and then opt-out of included activities, for whatever reason, no refund will be given.

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Hotels and Cruises: Hotel and cruise ship profiles are based on information provided to Funky Fresh Travel by hotel and cruise ship partners, including images and descriptions of individual properties. Star ratings may vary by country. While Funky Fresh Travel strives to keep information up-to-date, we are not responsible for any inaccuracies, changes in descriptions or amenities, or images supplied by third parties.

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Hotel Accommodations & Room-sharing (IF OFFERED otherwise itineraries are Single occupancy)

  • Funky Fresh Travel rooms are based on single occupancy. However, Funky Fresh Travel reserves the option to offer double occupancy if available.

  • Funky Fresh Travel will not arrange a roommate for any traveler that does not reserve their room with a companion.

  • Most shared rooms have 2 beds and are non-smoking rooms unless otherwise noted.

  • Travelers will share a room with a person of their choice and Funky Fresh Travel will not assist at this time with securing a roommate. 

  • No special request, of any type, regarding your roommate can be accommodated.

  • If you wish to room with a specific person, put her name on the reservation form or advise upon registration.

  •  After Final Payment, no changes can be made to the room type (double or single occupancy).

  •  Room selection is entirely at the discretion of the hotel's management and will be based on a run-of-house allocation.

  •  While air-conditioning is commonly available at most 4 and 5-star hotels, its use can differ significantly from what is typical in the United States. Many European hotels, particularly those built before the advent of central air-conditioning, may turn off the air-conditioning at night or between the end and start of the summer months.

  • Hotel check-in is typically not available before 3:00 p.m., and check-out is required by noon. If you have a late-night flight, please ensure you have made appropriate arrangements for accommodations.

  • We reserve the right to substitute hotels with those of equal standard. No refunds will be provided for any difference in accommodation costs.

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Cruises:  Cruise itineraries and ships are subject to change without prior notice. In the event that cruise ships are chartered or departure dates are canceled, all payments will be refunded inline with the cruise line company’s refund policy. Funky Fresh Travel, LLC is not responsible for any ship substitutions or itinerary changes made by the cruise line and will not be liable for any resulting losses, including those related to airline tickets or visa fees.

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Meals and Special Dietary Request: As outlined in each itinerary, meals are typically based on the hotel's or restaurant's buffet or set menu. Beverages are generally not included unless specifically mentioned. While Funky Fresh Travel, LLC  cannot guarantee accommodations, we will make every effort to honor special dietary requests submitted in writing at least 4 weeks before departure to funkyfreshtravel@gmail.com.

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Medical Information: Check with your healthcare provider for the most current travel health requirements. You can also visit the Centers for Disease Control (www.cdc.gov) and the World Health Organization (www.who.int/en/) for their recommendations. Any required vaccinations must be documented by your healthcare provider on a valid vaccination certificate, which you should carry as proof if needed.

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Individuals with heart disease, chronic illness, physical disabilities, advanced pregnancy, or mental health conditions should avoid participating in these demanding travel programs. If a passenger arrives at the destination ill with a fever or becomes ill during the tour, they will be separated from the group and directed to a local medical facility for evaluation. Only after receiving clearance from an accredited medical facility will the individual be permitted to rejoin the group. All costs associated with medical treatment and any additional expenses, such as extra hotel nights or transportation not included in the original itinerary, will be the responsibility of the passenger.

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Cruises: Many ships do not have a doctor or nurse onboard. If medical attention is needed, local services will be contacted, and any resulting charges will be the passenger's responsibility. Funky Fresh Travel, LLC and the cruise ship operator are not responsible for the medical services provided.

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Transfers and Transportation:

  • Transfers are provided as specified for each tour by car, minibus, train or motor coach, etc. and is stated in each itinerary.

  •  If you deviate from the arrival and/or departure dates listed in the itinerary, you must arrange and pay for your own transfer to the hotel if transportation is provided.

  •  Arrival transfers are guaranteed for up to two hours from your scheduled arrival time to account for minor delays, if transportation is provided.

  • Funky Fresh Travel, LLC, as well as the transfer company, are not responsible for flight delays beyond two hours from your scheduled arrival time.

  •  In the case of delays due to flight issues, immigration, customs, or baggage problems, you are responsible for arranging alternative transfer options, such as a taxi, if transportation is provided. 

  • Transfer costs are non-refundable, and any additional expenses will be your responsibility.

  • Transfers are typically more expensive than taxis, as they NOT include round-trip service and may involve entrance and parking fees at airports, seaports, or hotels.

  • Funky Fresh Travel, LLC and its employees are not responsible to provide full welcome service, and/or ensure you reach your destination.

 

 Tours & Sightseeing Itinerary

  • Tours will be operated by motor vehicle and/or public transportation. This will be determined by the number of participants or a third party tour operator.

  • Funky Fresh Travel, LLC  tours are designed to accommodate both individuals and groups.

  • Times listed in itineraries are approximate and intended as guidelines only.

  • Some itineraries may include early morning start times for sightseeing to ensure completion during daylight hours or to avoid afternoon heat in tropical and desert climates.

  • You are responsible for arriving on time for all scheduled cruises, and tour components. Late arrivals may be considered a "no-show," and there will be no refund for unused services.

  • We cannot guarantee the number of passengers on any given tour; you may be traveling with a large group or just your own companions.

  • Services will remain consistent regardless of the number of tour participants.

  • Individuals requiring assistance or with disabilities should refer to the " Activity Level and General Fitness" section.

  • On dates including, but not limited to, religious holidays and national celebrations, some monuments and sites may be closed, leading to possible amendments to the itinerary.

  • During holidays, certain periods, or due to unforeseen circumstances (including weather), there may be last-minute changes affecting the tour sequence, locations visited, and/or hotels. We reserve the right to adjust the sequence and/or substitute hotels with similar categories without cost adjustment.

  • National monuments and tourist sites may undergo renovations, potentially obscuring views. Tours will not be canceled due to renovations, but itineraries may be amended based on conditions.

  • Itineraries may suggest activities for leisure time, but these suggestions do not constitute an endorsement of specific service providers. Participation in suggested activities should be made independently and with consideration.

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Trip Payments  

  • At Time of Reservation: A non-refundable deposit is required to hold a space on the tour. The amount due at the time you are making your reservation is listed on each itinerary.

  • Full Payment: All reservations can be paid in full at the time of booking, provided there is still availability on the tour.

  • Payment Types & Currency: PayPal is the primary method for Funky Fresh Travel, LLC invoicing. Additional payment methods are Zelle, Cash App, personal checks and money order are acceptable methods of payment but must be approved by Funky Fresh Travel, LLC prior to making payment. All payments are in U.S. Dollars.

  • Payments after deposit: As stated on the registration monthly minimum payments are required every month until paid in full to keep your reservation current.

  • Past Due Payments: A traveler who misses a payment will be notified 7 days after the missed payment date via email that (s)he has missed payment. If payment is not made within 24 hours of the email, the traveler understands that (s)he has been canceled from the tour and all monies paid to date are non-refundable.

  • Past Due Final Payment: A traveler who has not paid their final payment (one week) after the final payment due date will be notified via email (s)he has been canceled from the trip and her total amount paid to date forfeited.

  • Late Payment: A late payment of $250 per person is required after the final due date listed on your payment plan. All late payment requests must be approved by an email Funky Fresh Travel, LLC before the final payment deadline.

  • Prices: All prices listed are single person occupancy unless otherwise stated. Prices do not cover personal expenses such as laundry, wines, beverages, meals (except at all-inclusive resorts or where specified), passport and visa fees, insurance, and foreign port taxes, unless specifically included in the package details. Prices are accurate at the time of publication, but they may change due to fluctuating airfares and limited availability of service classes. In the event of a human or computer error, Funky Fresh Travel, LLC reserves the right to issue a revised invoice with the correct price or service. If a price increase occurs, passengers may receive a full refund if they choose not to pay the difference, provided that Funky Fresh Travel, LLC receives a written cancellation within five days of the notification.

 

Cancellation of Tours by Funky Fresh Travel

On rare occasions, Funky Fresh Travel, LLC must cancel a tour, either because there are not enough travelers to operate the tour or for other events outside the control of Funky Fresh Travel, LLC. Funky Fresh Travel, LLC will cancel tours due to lack of travelers prior to final invoicing, however, Funky Fresh Travel, LLC reserves the right to cancel any tour at any time up to the day of departure, due to no fault of Funky Fresh Travel.

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In the event of a cancellation by Funky Fresh Travel, LLC, all monies paid to Funky Fresh Travel, LLC for the canceled tour will be promptly refunded to the traveler. Funky Fresh Travel, LLC is not responsible for any penalties imposed by the airlines.

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Cancellation by the Traveler: Once reservations are confirmed, cancellations must be submitted in writing. Please email your cancellation request to funkyfreshtravel@gmail.com, including your invoice number, full name, and travel date. After your email is received, you will need to fill out the cancellation request form sent to you by email to finalize the cancellation. If you do not receive an acknowledgment within 48 hours, call 760-925-1200 to confirm that your information has been received.
 

THERE ARE NO EXCEPTIONS TO FUNKY FRESH TRAVEL, LLC CANCELLATION POLICIES.

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Refunds

All payments to Funky Fresh Travel, LLC are non-refundable and non-transferable. This policy is due to our contractual agreements with hotels, airlines, and other vendors that do not permit refunds. These agreements help us maintain competitive package prices and offer the option of monthly payment plans for your vacation.

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Chargebacks: Before initiating a dispute with your bank, please contact Funky Fresh Travel, LLC, at 760-925-1200 or via email at funkyfreshtravel@gmail.com to resolve any account issues. Filing a chargeback may lead to the cancellation of your reservation and could impact your ability to travel with Funky Fresh Travel, LLC in the future.

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Reservation Name Changes: Name changes resulting from incorrect information provided will incur a $250 fee per person, plus any additional fees from suppliers. Replacing one passenger with another is considered a cancellation and is subject to cancellation penalties; it is not covered under this Reservation Name Changes policy. Any changes or additions made after departure are subject to local rates at the time and must be paid directly to the service provider. There are no refunds for unused services.

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What Is NOT Included in the Tour Cost

  • Round-trip airfare, departure taxes, and checked baggage fees. Unless otherwise stated.

  • Passport fees, visas, and visa photos as required.

  • Personal items such as souvenirs, laundry services, beverages/wines, liquors, a-la-carte orders, meals other than specified on the tour itinerary.

  • Expenses incurred in making individual travel arrangements in conjunction with the tour.

  • Any other items not specifically mentioned on the tour itinerary.

  • Ground transportation that is not specifically mentioned on the tour itinerary.

 

Required Traveler Information

  • Over 21 years of Age: You certify that you are 21 years of age or older.

  • Passport: You agree to provide Funky Fresh Travel, LLC with a copy of your passport by uploading the copy along with the “Registration Form” you complete when making a reservation to participate with one of the tours.

  • Identification: Guests must make reservations using the exact name listed on their passport or government issued identification that will be used for travel. If a name change is required after travel documents have been issued, the guest will be responsible for a $250 name change fee.

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Passport and Visas

  • Valid Passport: It is your responsibility to check that your passport is valid 6 months or more past the date the tour ends. Therefore, make sure to get a new passport in a timely manner, and to provide the new passport information to Funky Fresh Travel (if requested) by Final Payment due date.

  • Pass pages:  For international travel, some countries may require at least two fully blank "VISA" pages in your passport for entry stamps.

  • Damaged Passport: Your passport should be in good condition and free of any damage to ensure it is accepted for travel.

  •  Past Due Passport: If the traveler is unable to attend a trip due to expired, no pages, or damaged passport any refund of monies will not be refunded by Funky Fresh Travel LLC.

  • Additional information: Passengers are responsible for obtaining the necessary travel documents and must check with the appropriate consulate(s) or visa agency to determine if visas or passports are required. The information provided in the travel description is for U.S. citizens only. Non-U.S. citizens should verify the entry requirements with the consulate of each country they plan to visit. Funky Fresh Travel, LLC, does not provide or verify travel requirements for non-U.S. citizens. We highly recommend all cruise passengers carry a valid passport while cruising.

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Travel Arrangements: Arrival and departure flight details are required to be submitted by email to Funky Fresh Travel, LLC no later than the Final Payment due date. This information is required to know when travelers are expected, and when applicable. 

 

Confidential Information: You agree to provide Funky Fresh Travel, LLC with information about your medications, dietary restrictions, emergency contact, etc. when completing the Registration Form but any changes to this information must be submitted to Funky Fresh Travel no later than the Final Payment due date. This information is held in confidence and is only used in case of an emergency.

 

Arrival, Transfers and Delays

  • Travelers arriving by air are responsible for allowing sufficient time to deplane, gather luggage and travel to the designated meeting location to join the tour. Funky Fresh Travel, LLC will not delay the departure of the group for travelers arriving after the designated tour start time as listed in the individual itineraries.

  • Travelers are required to notify Funky Fresh Travel, LLC in the event the airline should change the arrival or departure time of a flight by sending a text to either (1) the “What’sApp” group chat for the tour or (2) text to 760-925-1200 or (3) email funkyfreshtravel@gmail.com.

  • Travelers who are delayed for whatever reason are responsible for notifying Funky Fresh Travel, LLC of their situation and to communicate regularly with Funky Fresh Travel, LLC as to their anticipated arrival time. Delayed travelers are responsible for joining the group as soon as possible and at their own expense if their arrival occurs after the last scheduled transfer.

  • On tours where scheduled transfers are provided, travelers who elect to take alternate transportation to the hotel, for any reason, will not be reimbursed for the transfer expense incurred.

 

Insurance

Trip Cancellation Insurance: If you cannot afford to lose the money you have invested in your travel, for whatever reason, Funky Fresh Travel, LLC strongly recommends you purchase “Trip Cancellation Insurance.” This insurance will cover you in case you need to cancel a tour after final payment has been made. Please check our website for links with suggested companies to contact about purchasing Trip Cancellation Insurance. Any questions about what Trip Cancellation Insurance does or does not cover should be addressed directly to the travel insurance company.

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Emergency Medical Insurance: Your personal medical insurance generally does not cover you when traveling. To cover the risk of a medical emergency or accident while traveling, you should consider purchasing medical evacuation insurance.


Itinerary Changes

Itineraries are subject to change due to a variety of factors completely out of the control of Funky Fresh Travel, LLC. In the event there is an itinerary change, comparable lodging, meals and activities will be provided.

 

Force Majeure: No damages shall be due to a traveler for failure by Funky Fresh Travel, LLC to perform obligations related to delivery of tour services if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane, volcano eruption, or other natural disasters), war, invasion, act of foreign enemies, cyber-attacks, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalism, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, internet or telephone services, or illness, accident, or death of the Funky Fresh Travel, LLC Representative, any one of which could make delivery of tour services impaired or impossible to perform.

 

Documents Required to Travel

It is the traveler's responsibility to obtain and present the required documents necessary for travel. This includes, but is not limited to, a valid government issued photo ID, passport, Visa, Letter of Invitation, shot record, etc. Travelers who have any question as to their ability to obtain and present the required documents necessary to travel to a country should address their questions to the embassy or consulate of the country to which they will be traveling BEFORE signing up for a Funky Fresh Travel, LLC tour.

 

On certain tours Funky Fresh Travel,LLC will offer to obtain a Visa for travelers. However, the traveler must be a passport holder from the United States, and/or cannot have a criminal conviction, and/or cannot have an exception that would prohibit the routine issuance of a Visa. In such cases the traveler will be responsible to obtain their own Visa.

 

Any traveler who cannot obtain proper documentation to travel, no matter when or how that discovery is made, will be responsible for whatever cancellation penalties are in force at the time of cancellation from Funky Fresh Travel, LLC tour or denial of travel.

 

Involuntary/Voluntary Departure from a Tour in Progress

Funky Fresh Travel, LLC reserves the right to remove any traveler from a tour should the Funky Fresh Travel, LLC representative(s) determine that the traveler cannot meet the physical requirements of the tour as stated in the itinerary, is disruptive to the tour time schedule or is adversely affecting the overall group dynamics. In the event a traveler is removed from a tour, Funky Fresh Travel, LLC will not refund any monies. Transportation costs to return home, airline penalties, and any other expenses will be the responsibility of the traveler.

 

In the event a traveler voluntarily chooses to leave a tour prior to its scheduled conclusion, Funky Fresh Travel, LLC will not refund any money for the unused portion of the tour arrangements. Transportation costs from tour departure point to the airport, airline penalties, and any other expenses will be the responsibility of the traveler.

 

Use of 3rd Party Operators

Some Funky Fresh Travel, LLC trips, as noted in the itinerary, are scheduled with tour operators who sell their tours to the general public. The traveler acknowledges that other groups and/or individuals may be a part of the same tour.

 

Use of Travelers’ Images in Promotional Materials

Photographs and video taken by Funky Fresh Travel Tour, LLC hosts and other Funky Fresh Travel, LLC representatives while on tour are the property of Funky Fresh Travel, LLC and may be used in promotional materials. Any traveler who does not wish to have their photograph or video footage used in promotional material MUST advise Funky Fresh Travel, LLC in writing no later than the tour’s final payment due date.

 

How We Protect Your Personal Information

We take commercially reasonable steps to protect the information you provide to us from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we utilize, nor can we guarantee that the information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

 

Assumed Risk

Travel has its own inherent risks, and the Traveler acknowledges such risks exist, up to and including death. Funky Fresh Travel, LLC will take all reasonable precautions regarding the safety of travelers. It is the Traveler's responsibility to determine their level of risk tolerance, including the decision to participate in a tour to a country or continent where State Department alerts and warnings have been issued. If the tour is scheduled to operate (i.e. not canceled by Funky Fresh Travel, LLC), standard cancellation policies apply if the Traveler elects to cancel because her risk tolerance has been exceeded.

 

TRAVELER ASSUMES THE RISK OF ANY HARM, ACCIDENT OR DAMAGE WHICH MAY BE DONE TO OR SUFFERED BY YOU OR TO ANY OF YOUR PROPERTY RELATED TO YOUR TRAVEL WITH FUNKY FRESH TRAVEL, LLC.

 

Funky Fresh Travel, LLC will not be responsible for damage or injury to any person who sustains an injury as a result of traveling with Funky Fresh Travel, LLC. Funky Fresh Travel, LLC is not responsible for the actions, expenses or harm incurred by travelers who, through their own actions or through the advice/actions of other travelers, disregard the instructions of the Funky Fresh Travel, LLC representative(s), engage in activities with other travelers that cause harm, depart from the planned activities of the tour, or follow the instructions of a non- Funky Fresh Travel, LLC representative(s). By embarking upon your travel with Funky Fresh Travel, LLC, you knowingly and voluntarily assume all risks involved in such travel, whether expected or unexpected risks, of injury or illness to yourself or others, or other damage, including death.

 

Release of Liability

Knowing the risks, and in consideration for being permitted to participate on a Funky Fresh Travel, LLC tour, and as an inducement for Funky Fresh Travel, LLC to allow you to participate on a tour, you agree to release and hold harmless Funky Fresh Travel, LLC, its officers, agents, affiliates, employees, assigns, owners, representatives, volunteers, sponsors, and officials from any liability, present and future, known or unknown that is associated with Traveler’s participation in travel with Funky Fresh Travel, LLC (“Release of Liability”), from any and all claims, demands, losses, expenses, damages, liabilities, actions, causes of action of any nature, including but not limited to personal injury, illness, disease, wrongful death, death and property damage, that in any manner arise from or relate to your participation in travel with Funky Fresh Travel, LLC. This extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that you do not presently anticipate, know, or suspect to exist, but that may develop, accrue or be discovered in the future, and you voluntarily assume that risk as part of the Policies. You agree that this Release of Liability shall bind the members of Traveler’s family and spouse, if Traveler is alive, and Traveler’s heirs, assigns, and personal representatives if Traveler is deceased.

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Third Parties Actions: You understand that Funky Fresh Travel, LLC works with “Third Parties” for hotel accommodations, meals, tours, etc. As Funky Fresh Travel, LLC attempts to only work with those Third Parties who have shown an acceptable level of stability, dependability and responsiveness to problems and complaints, nevertheless Funky Fresh Travel, LLC does not control the actions or failure to act of the Third Parties it works with. Therefore, you acknowledge that Funky Fresh Travel, LLC is not responsible for any breach of contract, failure to comply with any laws, or any intentional or negligent actions or omissions on the part of such Third Parties, which result in any loss, damage, delay, inconvenience or injury to you, including any losses resulting from any changes in rates unless marked on your invoice, tickets, or reservation itinerary as Guaranteed, or any losses in connection with booking, reservation, connection, or scheduling problems or in connection with the handling or loss of baggage or other personal effects. Funky Fresh Travel, LLC 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 deficiencies, diseases, local laws, climatic conditions, abnormal conditions or developments, or any other actions, omissions, or conditions outside Funky Fresh Travel’s control.

 

You execute this Release of Liability voluntarily and with full knowledge of its significance, and with the intent of binding yourself, spouse, children, if any, and your heirs, legal representatives, and assigns. Traveler expressly agrees that this Release of Liability is intended to be as broad and inclusive as permitted by law. Traveler has carefully read this Release of Liability section and fully understands its contents.

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Covenant Not to Sue

You agree and covenant on behalf of yourself, that you will never directly or indirectly institute any legal, equitable, administrative or other action, complaint or proceeding against Funky Fresh Travel, LLC, its officers, agents, affiliates, employees, assigns, owners, representatives, volunteers, sponsors, successors and assigns thereof, arising from or pertaining to your participation in travel with Funky Fresh Travel, LLC. This covenant applies and extends to any and all claims, liabilities, injuries, expenses, losses, damages, and causes of action that you do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future.

 

Disclaimer of Warranties

Your participation in travel with Funky Fresh Travel, LLC is offered “AS IS” and without any warranty or guaranty of any kind Funky Fresh Travel, LLC has not made and does not make any warranty or representation whatsoever, either express or implied, as to whether the travel will or will not meet your expectations, the quality or capacity of the experience you may have, nor any other representation or warranty whatsoever.

 

Indemnity

Traveler shall indemnify, defend, protect and hold Funky Fresh Travel, LLC, its shareholders, directors, officers, employees, agents, successors and assigns, free and harmless from and against all claims, losses, liabilities (including, but not limited to, negligence and tort), damages, judgments, suits, and all legal proceedings, and any and all costs and expenses in connection therewith (including attorneys’ fees) arising out of or in any manner related to your participation in travel with Funky Fresh Travel, LLC, including, without limitation, claims for injury to or death of persons and for damage to property. You agree to give Funky Fresh Travel, LLC prompt notice of any such claim or liability. This provision shall survive the end of the travel participation with Funky Fresh Travel, LLC.

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Other Provisions

  • Attorneys’ Fees: In the event litigation shall be instituted to enforce any provision of the Policies, the prevailing party shall be entitled to recover reasonable attorneys’ fees and expenses incurred.

  • Governing Law: Both Funky Fresh Travel, LLC and Traveler agree that any dispute involving the Policies shall be governed by and construed in accordance with, the laws of the state of California.

  • Integration of Documents: The Policies, invoices, and any registration documents contain all of the understandings and representations between Funky Fresh Travel, LLC and the Traveler.

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COVID-19 WAIVER OF LIABILITY

In Spring 2020, the World Health Organization (WHO) declared the Novel Coronavirus (COVID-19) a worldwide pandemic. The Centers for Disease Control (CDC) issued several preventative measures to combat the virus, such as frequent hand washing, wearing a mask or face covering, and keeping at least 6 feet away from others. If contracted, this virus has the ability to cause the traveler serious and severe illness. For more information on the COVID-19 virus, please visit the CDC webpage at www.cdc.gov.

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I understand and agree to the following:

1.    COVID-19 is a highly contagious virus that can be spread via person-to-person contact;

2.    After reasonable inquiry, Funky Fresh Travel has provided me with the best available information regarding the pandemic protective policies and practices of the vendors and suppliers in my travel itinerary.

3.    Supplier(s) of Funky Fresh Travel, LLC may have policies in place to help prevent the spread of COVID-19. Funky Fresh Travel, LLC is not the drafter or holder of those policies, and I understand that these policies can change at any time;

4.    I understand that the supplier(s) may not apply those policies as diligently as the policies suggest, and even if the supplier makes a good faith effort to enforce its good practices, some travelers may simply refuse to cooperate;

5.    I understand that each state/country institutes its own pandemic-protective policies and regulations. I further understand that I am responsible for knowing, understanding, and abiding by the pandemic-protective policies and procedures regarding COVID-19 of all state(s)/ country(ies) listed in my travel itinerary, including any policy updates. I also understand that I may be denied entry into the country for reasons within or outside of my control;

6.    I understand that by traveling, I can be subject to voluntary or involuntary quarantine either at home or in the traveled location(s);

7.    I am responsible for knowing, understanding, and abiding by the pandemic-protective policies and procedures regarding COVID-19 of all vendors used in my travel itinerary, including any policy updates;

8.    With full awareness and appreciation of the risks involved, I, for myself, and on behalf of my traveling companions, including, but not limited to, my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, assume all risks of travel and hereby forever hold harmless, waive, discharge, and release Funky Fresh Travel, LLC its officers, agents, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties or any third-party vendor or supplier partnering with Funky Fresh Travel, LLC.

9.    I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury or harm, death, loss of use, monetary loss, or any other injury from or related to my use of Funky Fresh Travel, LLC services, or the services of travel Funky Fresh Travels’ suppliers or vendors, specifically related to COVID-19.                                                                                                    

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