General travel conditions of ABSOLUT Sport USA, Inc.
The following travel conditions regulate the contractual relationship between you and ABSOLUT Sport Inc., a California Corporation. The terms “we”, “us”, “our”, and “ABSOLUT Sport” refer to ABSOLUT Sport Inc. The terms “you” “traveler” “customer” refers to the traveler making a booking with us and all members of their group.
CONTRACT. We draw your attention to the Terms and Conditions (“Terms”) of travel below, these Terms and Conditions including all brochures, documents, correspondence and the terms and conditions of our suppliers form the basis of the contract with you. Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (raising any questions you may have with us). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all of the Terms and Conditions laid out below and acknowledging that you have read the Terms of this contract and agree with it.
If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms with all travelers in their group.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct.
VIOLATIONS BY YOU. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) your being denied access to the applicable travel related product or service.
CHANGES TO THESE TERMS AND CONDITIONS. ABSOLUT Sport reserves the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on this website and are effective immediately on posting. If we make material changes, we will notify you. Please check frequently, especially before you make a booking, to see if these Terms changed. Your continued use of our services including continuing to use or maintain any bookings after any changes to the Terms constitutes your consent to the changes.
COVID 19 RELEASE OF LIABILITY. By booking a journey at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by ABSOLUT Sport.
You acknowledge that due to the uncertainty of travel at this time, your journey may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations and/or suppliers may require you to have proof of vaccination or negative test. The regulations of any stopover locations also apply to your journey. You are responsible for understanding these requirements and must not rely on ABSOLUT Sport to provide these details. You understand that you may become sick before, during, or after the journey and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You agree that due to uncertainty caused by COVID-19, ABSOLUT Sport has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, ABSOLUT Sport shall not be liable to any losses howsoever arising. You agree that ABSOLUT Sport cannot be liable if your travel protection plan does not include protections for issues that may arise related to COVID-19.
You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS ABSOLUT Sport Inc., its shareholders, officers, agents, and/or employees, suppliers, and other trip members (RELEASEES), of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID-19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
1. Registration and Booking
Registration can be made in writing, orally, by telephone or by email. Our sport travel programs take many hours of planning and work to create the unique experience we aim to give our travelers. A non-refundable 30% deposit is due upon booking. Your booking will be confirmed on receipt of the completed booking form and payment of the deposit. We reserve the right in our sole discretion to deny service to any person. In such case a full refund will be made, and we will have no further liability to you.
Our bookings do not include airfare unless stated as a program inclusion upon purchase. You must not make any air reservation until you receive confirmation of your booking. Your contract for airfare is with the carrier and subject to its terms and we will not be liable for any change fees or cancellation fees or other additional cost you incur with the air carrier.
While we do not assist with air reservations, we bring to your attention the importance of accuracy. Names provided to secure reservations must match travelers’ passport. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for any, and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.
2. Special conditions for travel in connection with sports events
2.1 ABSOLUT Sport is not an owner, operator, employee, agent or contractor of the event organizer or service company. Your trip and any associated ticket bookings are subject to the terms and conditions and rules of the event organizer. By making any booking you are agreeing to be subject to the terms and conditions and rules of the event organizer.
By registering, the customer confirms that they have received the “General Ticket Terms and Conditions” and the “Sales Regulations (or also Ticket Sales Guidelines)” of the event organizer from ABSOLUT Sport and the customer accepts them. In order to receive any desired tickets, the customer may also be required by the event organizer to acknowledge and accept its terms and conditions and guidelines by means of separate documents, which will be required for participation in the event. Refusing to accept any such terms may result in your ejection from the event for which there will be no refund.
The customer may also be required to accept the stipulations of the “Stadium Code of Conduct” put into effect by the event organizer and other responsible organizations.
2.2 Each customer is expected to act responsibly and adhere to all behavior guidelines established by our local suppliers, event organizers, and event staff. Our local suppliers and event organizers and staff reserve the right to remove you from any event if you endanger yourself or others or disrupt the event. In any such case, there will be no refund.
2.3 As a prerequisite for booking and issuing any tickets you must provide to us personal customer data. In addition to your name, the customer must provide customer’s address and passport number. Customer understands that this data is necessary to process the booking and consents to ABSOLUT Sport’s use of the data and to Absolut Sport providing customer’s data to the event organizer or the company commissioned by the event organizer to process your ticket and fulfill their contract with you. Your personal data is managed in accordance with the term of our privacy policy, which can be found here https://us.absolut-sport.com/terms-and-conditions/
3. Payment
In order to reserve any booking, you must pay a 30% non-refundable deposit. Receipt of this deposit must be received at the time of your booking. Failure to pay this deposit withing the required time will result in your booking being cancelled. Additional payments are due on the agreed dates, the final payment is due 40 days before the start of the trip
If the customer fails to make any payment on time, ABSOLUT Sport is entitled, to cancel your booking. In such a case this would be considered a cancellation by the customer and the cancellation fees below would become effective.
CREDIT CARD BOOKINGS. While we do accept major credit cards including Visa, Mastercard, American Express and Discover, travelers must provide to us a click authorization for every transaction for your trip. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these Terms and Conditions including the cancellation terms. As such you agree not to make any improper chargebacks.
In certain cases, you can dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. ABSOLUT Sport retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
- Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
- Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
- Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
- Chargebacks resulting from force majeure or other circumstances that are beyond the control of ABSOLUT Sport or the Supplier.
- Chargebacks resulting because you do not agree with the cancellation policy.
4. Trip Inclusions and Price Changes
Your trip includes all the items specifically referred to in your itinerary. Any items not specifically referred to in the itinerary are not included and are the sole responsibility of the customer.
ABSOLUT Sport reserves the right, if necessary, to substitute other similar hotels for hotels listed on your itinerary. Such substitutions may be made at any time and without prior notice. We cannot be held responsible for hotel over-bookings; should such occur, we will undertake to find similar accommodations in the same area. Such substitutions are at ABSOLUT Sports sole discretion and no refunds will be offered for changes in accommodations.
ABSOLUT Sport expressly reserves the right to make changes to services and prices prior to your departure. We will, of course, inform you of any changes. Price adjustment may be necessary for the following reasons:
- Due to an increase in transport costs, the fees for certain services, such as port or airport charges, or a change in the exchange rates applicable to the trip in question.,
- To make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.
Special requests such as first floor, adjoining rooms, or ADA compliance must be made at the time of booking and may result in additional costs. All such costs are the responsibility of the customer. ABSOLUT Sport cannot guarantee any requests and is not liable if the supplier does not honor requests. Accommodations outside of the United States may not be compliant with ADA standards.
Individual third-party services by other companies that are not listed in your itinerary, such as flights, rental cars, excursions and other events, are not suppliers of ABSOLUT Sport and by choosing to use said suppliers you are subject to the terms and conditions of the supplier of the activity and your only recourse in case of damage will be against the supplier of the service.
While we exercise due diligence in the selection of our partners, hotel and other accommodation profiles are based on information provided to us by the supplier. This includes images and descriptions of the properties and rooms. Additionally, travelers should be aware that star ratings or similar systems are based on country classifications and therefore can differ. While ABSOLUT Sport does its best to maintain current and accurate information regarding these suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.
5. Changes in services
5.1 If between planning time and/or during actual travel, circumstances require changes, ABSOLUT Sport and its suppliers, reserve the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of participants. ABSOLUT Sport cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be consider cause for cancellation by the traveler. Normal cancellation penalties still apply to the trip that has been changed.
6. Cancellation by the customer, rebooking, replacement persons
6.1 ABSOLUT Sport is required to pay all suppliers well in advance of your trip date. This includes but is not limited to hotel accommodations, transportation, meals, admission tickets, etc. All suppliers have their own cancellation policies, which apply to your booking. Should a cancellation become necessary, please inform ABSOLUT Sport immediately in writing and request a written confirmation of your cancellation. Upon, receipt, ABSOLUT Sport will contact suppliers for any applicable refunds as outlined in the supplier’s terms and subject to their review. If you are entitled to a refund, please note that the supplier is responsible for this refund, not ABSOLUT Sport. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.
In addition to the terms of our suppliers, cancellation charges will apply. Cancellation charges are expressed at a percentage of quoted price as follows:
- Up to and including 180 days before the start of the trip 30%
- Up to and including the 90h day before the start of the trip 50%
- Up to and including the 30th day before the start of the journey 75%
- Thereafter 100% of the travel price
If the reason for cancellation is covered under the terms of your travel protection plan you may be able to be compensated. For this reason, we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage.
Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.
6.2 Notwithstanding 6.1, the customer can cancel bookings made before the offered team qualifies for an offered tournament for a processing fee of 100.00 EUR per person if the team does not qualify. If the customer does not cancel, customer then follows another top team according to the travel description.
6.3 If the entire trip or partial services can be rebooked, ABSOLUT Sport will make these changes at the customer’s request up to 30 days before the start of the trip. ABSOLUT Sport is entitled to invoice the customer for the resulting additional costs in the actual amount. ABSOLUT Sport can also invoice these additional costs at a flat rate of EUR 50.00 per person.
Change requests by the customer that are made after the deadline has expired, if their implementation is possible at all, can only be implemented after withdrawing from the travel contract under the conditions according to number 6.1 and by re-registering.
6.4 Until the start of the journey, the traveler can request that a third party be substituted in the booking. Any substitution is at the sole discretion of ABSOLUT Sport and the suppliers.
If a third person is substituted into the booking, they and the traveler (applicant) are jointly and severally liable to ABSOLUT Sport for the travel price and the additional costs arising from the substitution of the third party.
7. Unused services
As ABSOLUT Sport’s prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the trip is in progress, there is no refund for the unused portion.
8. Cancellation by ABSOLUT Sport
We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements. We may at our sole discretion offer travel vouchers or refunds in accordance with the cancellation schedule above. Guest is responsible for any additional costs for air tickets or other travel arrangements not made by us.
9. Cancellation of the contract due to Force Majeure
ABSOLUT Sport assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by ABSOLUT Sport that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by ABSOLUT Sport.
10. Travel Protection
It is the customer’s responsibility to protect their purchases. For this reason, Travel Protection Coverage including additional cancel for any reason coverage is strongly recommended. Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including cancel for any reason coverage must be purchased in close conjunction with your travel purchase.
ABSOLUT Sport is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. ABSOLUT Sport cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. ABSOLUT Sport cannot be held responsible for denied entry if a traveler is unable to provide details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
11. Limitation of Liability
ABSOLUT Sport, and its employees, shareholders, agents, and representatives use third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this program. ABSOLUT Sport is an independent contractor and is not an employee, agent, or representative of any of these suppliers. ABSOLUT Sport does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your program. All suppliers are independent contractors, and are not agents or employees or representatives of ABSOLUT Sport. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither ABSOLUT Sport, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of ABSOLUT Sport. ABSOLUT Sport assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; ABSOLUT Sport assumes no responsibility or liability for personal property; and ABSOLUT Sport shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. ABSOLUT Sport accepts no responsibility for lost or stolen items. ABSOLUT Sport reserves the right to refuse any traveler or potential traveler at its sole discretion.
12. Assumption of Risk/Waiver
Traveler is aware that travel such area as traveler is undertaking on the trip may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, ABSOLUT Sport, Inc. and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Traveler understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release ABSOLUT Sport from any and all claims associated with the trip, including any claims of third-party negligence and/or the negligence of ABSOLUT Sport and traveler hereby covenant not to sue ABSOLUT Sport for any such claims or join any lawsuit or action that is suing ABSOLUT Sport. This agreement also binds your heirs, legal representatives, and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
13. Complaints
The traveler is obliged to notify the local supplier about any complaints while on the trip.
If the supplier is unable to resolve the complaint, you must inform ABSOLUT Sport immediately while on the trip so that we can attempt to resolve the matter. If the traveler fails to report a complaint while in the trip, we will have no liability to you in connection with that complaint.
14. Your Conduct and Indemnification
Each traveler is expected to act responsibly and adhere to all behavior guidelines established by ABSOLUT Sport and our local suppliers. We and our local suppliers reserve the right to remove you from any trip if you endanger yourself or others or disrupt the general well-being of the trip itself. In any such case, there will be no refund.
Traveler agrees to and shall indemnify and hold harmless ABSOLUT Sport, Inc., and each of our officers, directors, employees and agents (collectively “ABSOLUT Sport”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by ABSOLUT Sport (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by traveler while participating in the trip.
15. Passport, visa, and health regulations
Travel to certain destinations may involve greater risk than others. ABSOLUT Sport urges Travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by your government prior to booking travel to international destinations. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. It is your responsibility to be aware of any and all requirements for admittance to a country or state, including COVID-19 requirements. Should you choose to travel to a country that has been issued a travel warning or advisory, ABSOLUT Sport will not be liable for damages or losses that result from travel to such destinations.
It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up-to-date requirements you should consult with your government consulate.
ABSOLUT Sport strongly recommends that you consider that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities. .
Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found by consulting your government’s health ministry.
You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing traveler to miss flight(s), and subsequent scheduled travel bookings tours. ABSOLUT Sport bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
INSECTICIDE NOTICE. Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
16. Pre-Existing Medical Conditions and Disabilities
Some of our trips may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be delighted to discuss the feasibility of your participation in any of our trips.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. ABSOLUT Sport will communicate requests to Suppliers, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify ABSOLUT Sport at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
HEALTH. For the safety or our guests, ABSOLUT Sport reserves the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion.
17. Entire Agreement and Severability
This agreement, including any other documents, including invoices, we provide you, and our suppliers terms and conditions constitutes the entire agreement, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to ABSOLUT Sport. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
18. Applicable law and place of jurisdiction
This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in California. You agree that you will only bring claims against ABSOLUT Sport in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. ABSOLUT Sport shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against ABSOLUT Sport unless you have first provided a typewritten notice of claim to ABSOLUT Sport within 30 days after the tour or cancellation of the trip.
19. California residents only
ABSOLUT Sport is a registered Seller of Travel in the State of California: CST#: 2146657-70. Registration as a Seller of Travel does not constitute approval by the State of California. ABSOLUT Sport subscribes to the California Travel Consumer Restitution Fund. Non-residents of California are not eligible to make claims to this fund. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of travel. For more information, visit www.tcrcinfo.org.
Upon cancellation of the transportation or travel services, where the guest is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the guest, all sums paid to ABSOLUT Sport for services not provided will be promptly paid to the guest, unless the guest advises in writing, after cancellation. This provision does not apply where ABSOLUT Sport has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, ABSOLUT Sport will provide the guest with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
