Terms & Conditions
The following terms and conditions (hereinafter “Terms and Conditions”) constitutes part of the agreement (this “Agreement”) for all travel and travel services booked through Ubuntu Travel, LLC. Please check our documents when you receive them. Please contact Ubuntu Travel, LLC with any questions or concerns.
TERMS AND CONDITIONS:
Ubuntu Travel, LLC (“Ubuntu”) facilitates the purchase by its customers of travel and travel services provided by various third-party suppliers. Ubuntu is acting as a mere agent for suppliers (identified on the accompanying documents) in selling travel and/or travel services, or in accepting reservations or bookings for services that are not directly supplied by Ubuntu (such as air and ground transportation, hotel/lodge accommodations, meals, tours, etc.). Ubuntu does not own or operate any of the hotels, lodges, tours, transportation providers, airlines, insurance companies, or other travel-related suppliers that provide goods or services for Traveler’s trip. Ubuntu is a seller of travel (CST 2133120-40). Registration as a seller of travel does not constitute approval by the State of California.
References herein to “Traveler(s),” “you,” or “your” shall apply to each and any of the following: the party or parties participating in the travel and/or travel services, their parent or legal guardian, who accepts these Terms and Conditions on their behalf if the party participating is not of legal age to enter into a binding legal contract on their own behalf, and/or the party who purchases travel or travel services. All purchasing Travelers further warrant that they have provided these Terms and Conditions to all other Travelers whom they are purchasing travel or travel services for as well as all Travelers who are not of legal age to accept these Terms and Conditions on their own behalf. All bookings are subject to any terms and conditions of the third-party suppliers of travel and/or travel services, which are incorporated in any particular itinerary. Should any supplier’s terms and conditions conflict with Ubuntu’s Terms and Conditions, Ubuntu’s Terms and Conditions shall prevail as to any issues relating to the responsibilities and liabilities of Ubuntu. By booking a trip through Ubuntu, you agree to be bound by these Terms and Conditions. Ubuntu reserves the right to change these Terms and Conditions.
Prices: Ubuntu is providing Traveler with an initial quote in U.S. dollars based on current exchange rates where applicable. The quote is valid for twenty-four (24) hours from the date of the proposal. Should the exchange rate change prior to the payment of the total amount due, Ubuntu reserves the right to change prices.
All flights must be paid for in full and ticketed to confirm the reservation and guarantee the rate. In the event that airfare prices increase prior to payment of the required deposit, Ubuntu reserves the right to increase the amount of the required deposit and the total amount due to reflect such an increase in airfare prices. Any such price increase shall be due and payable immediately upon notification of the same by Ubuntu. The additional payment, if any, shall become part of the required deposit and is non-refundable.
Payment and Confirmation: To confirm booking, Traveler must provide the required deposit. The amount of the deposit is stated in the invoice and incorporated herein. The deposit is non-refundable.
Ubuntu accepts payment by wire transfer, check, or credit card. Ubuntu accepts the following credit cards: Visa, MasterCard, American Express, and Discover.
Purchase Money Disclosure. California law requires certain sellers of travel to have a trust account or bond. Ubuntu has a trust account.
Travel Insurance: Travel insurance is highly recommended. Suppliers may require travel insurance as part of their terms and conditions. Unless purchased separately, travel insurance is not included with Traveler’s booking. Traveler may obtain travel insurance independently. Alternatively, Traveler may inquire with Ubuntu regarding travel insurance availability through Ubuntu’s preferred insurers. Traveler acknowledges that it is Traveler’s responsibility to understand the limitations of travel insurance coverage and purchase additional insurance as needed. It is Traveler’s sole responsibility to research, evaluate, and purchase appropriate coverage. Traveler agrees that Ubuntu is not responsible for any uninsured losses.
Cancellation Conditions: Ubuntu’s cancellation policy is stated in the invoice. The cancellation policy as stated in the invoice is incorporated herein.
This cancellation policy becomes effective upon payment of the deposit. Ubuntu requires written notice of cancellation. Within 30 days of Ubuntu’s receipt of written notice of cancellation, Ubuntu will issue a refund of all refundable payment(s) made by Traveler.
Cancellation Disclosure. Upon cancellation of the transportation or travel services, where Traveler is not at fault and has not cancelled in violation of any terms and conditions, all sums paid to Ubuntu for services not provided will be promptly paid to Traveler, unless Traveler advises Ubuntu in writing, after cancellation. This provision does not apply where Ubuntu has remitted the payment to its suppliers, without obtaining a refund, and where the supplier defaults in providing the agreed-upon transportation or service. In this situation, Ubuntu shall provide Traveler with a written statement accompanied by bank records establishing the disbursement of the payment.
California Consumer Restitution Fund Disclosure: If traveler is located in California at the time of sale: This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers or person(s) making payment on behalf of passenger may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001, Larkspur, CA 94977-6001; or by visiting TCRC’s website at: www.tcrcinfo.org.
If traveler is located outside California at the time of sale: This transaction is not covered by the California Travel Consumer Restitution Fund. Traveler is not eligible to file a claim against that fund in the event of seller of travel and/or supplier default.
Risks: Travelers assume full and complete responsibility for, and hereby release Ubuntu and its agents, employees, and representatives from, any duty of checking and verifying any and all passport, visa, vaccination, and any other entry requirements of each destination, and all safety and security conditions of such destinations, during the length of the proposed travel. It is the Traveler’s responsibility to ensure that he/she has proper passports and/or government issued identification where permitted. Ubuntu does not represent or warrant that travel to a particular destination is advisable or without risk. Traveler agrees that Ubuntu shall not be liable for costs, damages, or other losses that may result from travel to such destinations. Traveler agrees that Ubuntu shall not be responsible for breach of contract, failure to comply with any laws, or any intentional or negligent actions or omissions on the part of suppliers and/or air, ground, or sea carriers, which result in any loss, damage, delay, inconvenience, or injury to traveler or travelers’ companions or group members. Ubuntu does not guarantee any of such suppliers’ rates, bookings, reservations, connections, scheduling, or handling of baggage or other personal effects. Traveler agrees that Ubuntu shall not be responsible for any injuries, losses, or damages in connection with terrorist activities, social or labor unrest, mechanical or structural integrity of air, sea, and ground transportation and accommodations, diseases, local laws, bankruptcy or cessation of supplier or carrier services, climatic conditions, delays, changes or cancellation of travel due to weather conditions, hotel services, accidents, or health-related problems before or while in-transit to, during, and after a trip. Traveler is hereby warned of the above risks as well as possible travel industry bankruptcies, medical and climatic disruptions, and the possibility Traveler may be unable to travel as scheduled because of personal emergency and/or cancellations or other changes by air, ground, or sea carriers whether such cancellations or changes are due to weather conditions or otherwise. By embarking upon his/her travel, Traveler voluntarily assumes all risks involved in such travel, whether expected or unexpected. Travelers have done due diligence, are aware of the quality of the accommodations chosen, and agree that Ubuntu will not be responsible if Travelers are not satisfied.
For further information regarding potential dangers at international destinations, please contact the Travel Advisory Sections of the U.S. State Department. The Smart Traveler Enrollment Program (STEP) is provided for free by the U.S. government to U.S. citizens who are traveling to or living in a foreign country. STEP allows you to enter information about your travels abroad in order for the Department of State to better assist you in an emergency. Registration in STEP is highly recommended. Please visit https://step.state.gov/step/ for further information. Travel advisories for particular countries are provided online at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html.
Act of God: If the performance by Ubuntu of any of its obligations or undertakings under this Agreement is interrupted or delayed by any occurrence not occasioned by the conduct of either party to this Agreement, whether that occurrence is an act of God or public enemy, or whether that occurrence is caused by war, riot, storm, earthquake, or other natural forces, or by the acts of anyone not a party to this Agreement, then Ubuntu shall be excused from any further performance under this Agreement.
Notices: Any notice required to be given under this Agreement shall be given in writing by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Notice shall be deemed communicated as of the date of the actual receipt or five (5) days from the date of mailing of the written notice. Written notices shall be addressed to Ubuntu as set forth below:
Ubuntu Travel, LLC
833 Dover Drive, Suite 29
Newport Beach, California 92663
Choice of Law; Disputes: The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with the law of the state of California.
Any dispute, controversy, or claim arising out of or relating in any way to this Agreement including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Agreement shall be exclusively resolved by binding arbitration in Orange County, California, according to the then existing rules of the American Arbitration Association. The arbitrator shall determine the existence, scope, or validity of this Agreement. In the event of a dispute, controversy, or claim arising out of or relating in any way to this Agreement, the complaining Party shall notify the other Party in writing thereof. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after two (2) years from when the aggrieved party knew or should have known of the controversy, claim, dispute, or breach. Each party shall pay for its own costs, arbitration fees, and attorneys’ fees, if any.
Captions: Captions in this Agreement are for convenience and reference only. The words in the captions in no way explain, modify, amplify, or interpret this Agreement.
Severability: If any term of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, then the remainder of the terms in this Agreement shall remain in full force and effect and shall not be affected.
Assignment: Traveler may not assign his/her rights or obligations hereunder without the prior written consent of Ubuntu.
Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject of this Agreement. This Agreement contains all of the covenants and agreements between the parties with respect to the subject of this Agreement, and each party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except the covenants and agreements embodied in this Agreement.