Our Services: Beyond the Green

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These terms and conditions (“Terms and Conditions”) govern the relationship between Fairway

Aquatica (“Fairway Aquatica” and/or “we/us/our”) and you, the purchaser or traveler (“Client”

and “you/your”). By planning travel with Fairway Aquatica, you agree to be bound by these

terms and acknowledge that Fairway Aquatica acts solely as a booking agent for disclosed

principal supplier tour operators, cruise lines, hotels, airlines, air charters, bus companies,

ground transportation, boat purveyors or owners, and other independent contractors providing

accommodations, transportation, and other services (“Supplier(s)”) and is not the source or

provider of the travel services. These terms include warranties and disclaimers and exclusions

of liability and may restrict your rights and remedies and provide protection to Fairway

Aquatica.

1. USE OF FAIRWAY AQUATICA SERVICES, ACCESS AND INFORMATION FOR TRAVEL

BOOKINGS

You warrant that you are at least 18 years of age and possess the legal authority to enter into

this Agreement and to make travel bookings with Fairway Aquatica. You agree to be financially

responsible for all travel bookings you make with us, whether made on behalf of yourself or for

other members of your traveling party. You warrant that all information supplied by you on

behalf of yourself, members of your household, or others for whom you are authorized to

transact business with us is true and accurate. You agree that you will only make legitimate

reservations or purchases with Fairway Aquatica and its Suppliers, and you acknowledge that,

without limitation, any speculative, false, or fraudulent reservation is prohibited.

Fairway Aquatica accepts all bookings solely as the booking agent for the travel Suppliers on

your itinerary. Separate Supplier terms and conditions will apply to your reservation and

purchase of travel-related goods and services that you select, and you understand and agree

that by booking travel through Fairway Aquatica, you are also agreeing to the booking terms of

each Supplier partner you have selected for your itinerary. You agree that you will abide by the

terms and conditions of purchase imposed by any Supplier that you have selected as a service

provider on an itinerary you have approved.

Fairway Aquatica is not liable or responsible for any arrangements made independently of

Fairway Aquatica. Fairway Aquatica assumes no responsibility for costs or fees you incur for

independent arrangements not booked through Fairway Aquatica, inclusive of, but not limited

to, airline, hotel, excursion, and travel protection related charges. If you make your own flight

arrangements, Fairway Aquatica is not responsible for any loss resulting from cancellation or

changes in international gateways, itineraries, or travel dates, and cannot assist you with any

schedule changes or delays related to air reservations you have made on your own

arrangement. It may not be possible to earn frequent flyer or other loyalty points for

reservations on your itinerary. With limited exceptions, hotel, casino, and airline rewards or

points cannot be redeemed for travel arrangements made by Fairway Aquatica.

Fairway Aquatica is an independent contractor of Outside Agents, California Seller of Travel

2090937-50 (Registered Affiliate), Florida ST15578, Washington 603189022. Registration as a

seller of travel does not constitute approval by the State of California.

2. RIGHT TO CORRECT ERRORS AND OFFERS SUBJECT TO AVAILABILITY

We reserve the right to correct errors. In the event of any pricing error or omission, we reserve

the right to adjust such pricing or make any other corrections. All offers, incentives and Supplier

promotions are subject to availability and may change without notice. You are advised to

confirm reservations well in advance of your anticipated dates of travel to avoid

disappointment, increases in fares and additional late booking fees. Availability and pricing of

services may fluctuate, based on the Supplier’s pricing policies.

3. PAYMENTS, CANCELLATIONS, AND CHANGES TO BOOKINGS

You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising

out of your travel bookings through Fairway Aquatica. By submitting a credit card authorization

form to Fairway Aquatica, you agree to allow Fairway Aquatica to use your payment method to

purchase travel products from our Suppliers on your behalf. EXCEPTING IN CASES 0F FRAUD,

YOU AGREE NOT T0 FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID

OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF FAIRWAY AQUATICA OR ITS

SUPPLIERS, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR

REASONS BEYOND THE CONTROL OF FAIRWAY AQUATICA OR ITS SUPPLIERS. IF YOU ATTEMPT

TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT,

FAIRWAY AQUATICA RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND

EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING,

WITHOUT LIMITATION, ATTORNEY FEES.

All payments for travel are due prior to departure according to each Supplier’s terms and

conditions of booking. You understand that failure to make final payment or any violation of a

Supplier’s conditions of purchase may result in cancellation of your reservations, in your being

denied access to any flights, tours, hotels, cruises, or other travel services, or in your forfeiting

any monies paid for your reservations. In some cases, there is NO REFUND once a booking is

made and under deposit. You may not be entitled to a refund if you change or cancel your

travel plans after confirmation of a booking. All cancellation requests must be sent to Fairway

Aquatica in writing. As a result of cancellation or changes to confirmed bookings, Fairway

Aquatica's and third-party Supplier’s cancellation penalties will apply. Cancellation fees will be

charged to the credit card or other payment method you authorized to pay for travel services

or deducted from the Supplier’s refund.

If you decide to change any portion of your confirmed arrangements prior to departure or

during your trip, we will attempt to assist you. Certain bookings may not be able to be changed,

and you will be responsible for any increases in cost imposed by the Supplier, as well as any

Fairway Aquatica or Supplier change fees. All requests for changes to a booking must be made

in writing to Fairway Aquatica. When tour, cruise or package prices are based on Suppliers’

contract rates, you will not be entitled to any refund for any unused portion of travel.

4. TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION

REQUIREMENTS

It is the responsibility of each Client to obtain and carry a valid passport book, visa(s), and all

other documents required by applicable government regulations. Passport cards are not

accepted for most international travel. When traveling domestically or internationally, the U.S.

Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS)

advise that everyone carry acceptable identification in order to board a flight. Acceptable

identification can be found at http://www.tsa.gov/ and examples include DHS-designated

enhanced driver’s license, US passport, or a foreign government passport. You will need a state-

issued REAL ID compliant license or identification card, or another acceptable form of ID (such

as a passport), to fly within the United States.

Certain countries will not admit a passenger if their passport expires within six (6) months of

the anticipated date of return. Non-United States citizens may require additional

documentation, and you are responsible to make Fairway Aquatica aware when traveling on a

passport from a country other than the United States of America. Fairway Aquatica neither

controls nor warrants the issuance of visas or approval of visa waivers related to your travel.

Should a visa not be issued, Fairway Aquatica is not responsible for lost payments made toward

your trip. Please note that rules of each country regarding entry and exit may change at any

time.

Children and infants may also require 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; please see https://help.cbp.gov for

additional information. The U.S. Customs and Border Protection Agency requires that for

groups of children under age 19 arriving to the United States by land or sea from contiguous

territory and traveling with a school group, religious group, social or cultural organization, or

sports team, may also present an original or copy of his or her birth certificate, a Consular

Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must

be provided to the supervising adult or group leader in writing.

The name, date of birth and gender that appears on the identification card must exactly match

the same such data that is listed on your tickets and booking records. You acknowledge that it is

your responsibility to ensure that the information on your tickets and confirmations is accurate.

Any discrepancy between your reservation and your travel documentation may result in denied

boarding or an undue delay at an airport security checkpoint causing you to miss your flight,

and any subsequent scheduled travel bookings on cruises and tours.

WHEN YOU RECEIVE YOUR TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO REVIEW AND

VERIFY ALL INFORMATION FOR ACCURACY. CONTACT FAIRWAY AQUATICA IMMEDIATELY IF

CHANGES OR CORRECTIONS ARE REQUIRED. IF YOU HAVE NOT NOTIFIED US OF NECESSARY

CORRECTIONS TO YOUR RESERVATION WITHIN TWENTY-FOUR (24) HOURS OF RECEIVING YOUR

TRAVEL DOCUMENTS, FAIRWAY AQUATICA BEARS NO RESPONSIBILITY FOR ANY ADDITIONAL

COSTS ASSOCIATED WITH MAKING NECESSARY CORRECTIONS.

5. INDIVIDUAL ENTRY AND EXIT REQUIREMENTS

Each country holds different rules of entry for travel, including views of past criminal offenses,

whether within or outside of their boundaries, and it is your responsibility to know whether you

are eligible to enter the jurisdictions on your itinerary. If you have a current or prior criminal

offense, contact that country directly for entry and exit requirements. You can visit the US State

Department Website for further information about these requirements. See,

https://travel.state.gov/content/travel.html. We do not inquire about an individual’s criminal

record in the interest of respecting our Clients’ privacy. For example, if traveling to or through

Canada, individuals with a Driving While Intoxicated (DWI) record or with judgements for

unpaid child support should review current entry requirements. See: https://www.canada.ca.

In some countries, it is illegal to enter with firearms or ammunition, and if you attempt to enter

a country with prohibited items, you may be detained, refused admission, or arrested.

6. IMMUNIZATIONS AND HEALTH SCREENINGS

You must have the proper immunizations and health screenings and required documentation of

such immunizations and screenings before travel. Fairway Aquatica shall not assume

responsibility for the accuracy of health, vaccination, or documentation requirements prior to

departure or upon landing at the final destination. In some cases, required inoculations must be

recorded by Client’s health practitioner on a valid vaccination certificate, which the Client must

carry for proof of inoculation. If you are concerned about taking any medications or receiving

certain inoculations, check with your health practitioner BEFORE booking. Check the State

Department Web site http://travel.state.gov, for relevant information relating to travel to

specific destinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating

to health issues related to travel.

7. RISKS AND SAFETY

Travel to certain destinations may involve greater risk than others. Fairway Aquatica urges

Clients to remain informed on a daily basis as to current news events, as well as to review travel

prohibitions, warnings, announcements and advisories issued by the United States Government

prior to booking travel to international destinations. Information on health and safety

conditions in various countries and the level of risk associated with travel to particular

international destinations can be found at http://www.state.gov, http://www.tsa.gov,

http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The

Smart Traveler Enrollment Program (STEP) is a free service provided 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 upcoming trip abroad so that the Department of State can better assist

you in an emergency. Registration is recommended and provided by going to

https://step.state.gov/step/

BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, FAIRWAY AQUATICA DOES

NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT

RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM

TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF

SUCH EVENTS AT CLIENT’S OWN RISK.

In the event of emergent health or safety concerns, once Fairway Aquatica has investigated the

prevailing situation, Fairway Aquatica shall have the sole and absolute discretion whether to

proceed with any Fairway Aquatica escorted trip or private departure, or to make alterations to

the itinerary.

8. LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE

Fairway Aquatica acts solely as a booking agent for disclosed principal Suppliers and is not the

source or provider of any travel service. Each Supplier is an independent entity with its own

management and is not subject to the control of Fairway Aquatica. The Suppliers whose names

appear in travel documentation are those actually responsible for providing the travel services

purchased, and you consent to the use of those Suppliers.

The Supplier may determine that alterations in itinerary are necessary for any number of

reasons, including but not limited to severe weather. Any alterations to an itinerary are at the

sole discretion of the Supplier, and Fairway Aquatica bears no responsibility for any changes.

BECAUSE FAIRWAY AQUATICA ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND

DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT

OPERATORS AND SUPPLIERS, YOU AGREE THAT FAIRWAY AQUATICA IS NOT LIABLE FOR ANY

PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES.

FAIRWAY AQUATICA HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT,

STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY

DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES IN

CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING

THROUGH FAIRWAY AQUATICA, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT,

ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE

INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF

SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS,

OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE T0 DELIVER 0R THEIR

PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR CANCELLATlON AND REFUND POLICIES,

FUEL INCREASES, BANKRUPTCY, OR CESSATION OF OPERATIONS AND OTHER MATTERS

OUTSIDE OF FAIRWAY AQUATICA’S CONTROL, AND YOU HEREBY RELEASE FAIRWAY AQUATICA

FROM ANY LIABILITY WITH RESPECT TO THE SAME.

FAIRWAY AQUATICA HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL

TRANSACTIONS AND CLIENT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM FAIRWAY

AQUATICA WILL BE LIMITED TO THE AMOUNT OF COMMISSION AND FEES ACTUALLY RECEIVED

BY FAIRWAY AQUATICA.

9. FORCE MAJEURE

Fairway Aquatica will not be in breach of these terms and conditions or otherwise be liable to

you, for any failure or delay in performing an obligation under this Agreement that is due to any

of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots,

war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of

communication facilities, including web host and internet service provider, breakdown or

malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes

including, but not limited to extreme weather events, floods and volcanic eruptions,

governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion,

generalized lack of availability of raw materials or energy, and any other unforeseen

circumstance which is beyond the control of Fairway Aquatica. THE PURCHASE OF TRAVEL

INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.

In addition, each of Fairway Aquatica’s Suppliers have terms and conditions which include Force

Majeure provisions. In the event that a Force Majeure event occurs, those Suppliers may be

entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any itinerary

or arrangement in relation to the trip. Payment of any refund to you as a result of the non-

performance of any obligations hereunder shall remain in the sole and absolute discretion of

the Supplier pursuant to their policies, although Fairway Aquatica shall use its reasonable

efforts to secure reimbursement for you where possible.

10. CLIENT CONDUCT

Each participant in any trip escorted by Fairway Aquatica is expected to act responsibly and

adhere to all behavior guidelines established by Fairway Aquatica and our Suppliers, including

adhering to dress codes at religious or cultural sites, or Supplier dress codes. Fairway Aquatica

and all local Suppliers reserve the right to remove you from any facility, hotel or resort

property, tour location or means of transportation if your health or your conduct appears to

endanger yourself or others, disrupts the general well-being of other clients on any element of

your trip, or interferes with the operation or security of the places you visit. In any such case,

there will be no refund.

When you book with Fairway Aquatica, you accept responsibility for any damage or loss caused

by you. Full payment for any such damage or loss (reasonably estimated if not precisely known)

must be paid directly at the time to the accommodation owner or manager or other Supplier.

You must indemnify Fairway Aquatica for the full amount of any claim (also including legal

costs) made against us. We are not responsible for any costs incurred concerning a guest

removed from a trip, or any portion of a trip. You agree not to hold Fairway Aquatica or any of

its related entities liable for any actions taken under these terms and conditions. Baggage and

personal effects are at all times the sole responsibility of the participant.

Any transportation, possession or use of illegal drugs will result in immediate termination of

your trip and may result in prosecution by law enforcement authorities. You are responsible for

knowing and observing the licensing laws for drug possession (including prescription and over

the counter drugs) for all countries and states you are visiting. Laws may require you to carry a

prescription from your doctor.

11. CURRENCY FLUCTUATIONS

Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange

rate fluctuations. Fairway Aquatica is not responsible for surcharges or foreign transaction fees

imposed by Client’s credit card or bank.

12. TRAVEL INSURANCE

FAIRWAY AQUATICA OFFERS ACCESS TO TRAVEL INSURANCE TO PROTECT PASSENGERS AND

THEIR INVESTMENT IN TRAVEL. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT

INCLUDED IN THE COST OF CLIENT’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER

DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR

CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION &

REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS,

JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL

ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU

FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance,

you understand and agree that if you cancel or interrupt your travel for any reason, portions of

the trip/tour may not be refunded and Fairway Aquatica’s and travel Suppliers’ cancellation

penalties will apply resulting in the loss of monies up to the full cost of Client’s travel booking

and related costs. The purchase of travel insurance is not required in order to purchase any

other product or service offered by Fairway Aquatica, however if you decline to purchase

insurance, Fairway Aquatica may require that you execute an insurance waiver. Fairway

Aquatica is not a licensed insurance broker, and its advisors are not qualified or authorized to

answer technical questions about benefits, exclusions, and conditions of any of the insurance

offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An

additional charge applies for any travel insurance selected. It is your responsibility to know

what your insurance policy covers, and to put alternative coverage in place, if you wish to

insure for conditions that are excluded by your policy. FAIRWAY AQUATICA CANNOT

GUARANTEE THAT ANY INSURANCE PROVIDER WILL APPROVE COVERAGE FOR A CLAIM MADE

UNDER THE INSURER’S POLICY AND MAKES NO REPRESENTATIONS ABOUT THE EXTENT OF

COVERAGE FOR ANY POLICY IT MAY OFFER OR QUOTE.

13. RESERVATION OF RIGHTS AND CHANGES TO THESE TERMS

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time.

Updated versions of the Terms will be provided to Clients, will be posted on our website and

are effective immediately on posting.

14. GENERAL

The laws of the State of California govern these Terms and Conditions. You hereby consent to

the exclusive jurisdiction and venue of courts in Los Angeles County, California in all disputes

arising out of or relating to travel bookings with Fairway Aquatica. Any claim against Fairway

Aquatica must be brought within 12 months after the date of the completion of the trip and not

later. Fairway Aquatica shall not in any case be liable for damages other than compensatory

damages, and you waive any right to claim punitive or exemplary damages. You agree that you

may only bring claims in your individual capacity and not as plaintiffs or class members in any

class action, proposed or purported class action, or other representative action, regardless of

the type of proceeding. You expressly agree to waive and forego any and all rights to bring any

such class actions, purported or proposed class actions, or representative actions.

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant

to applicable law including, but not limited to, the warranty disclaimers and liability limitations

set forth above, then the invalid or unenforceable provision will be deemed superseded by a

valid, enforceable provision that most closely matches the intent of the original provision and

agreement shall continue in effect.

These Terms and Conditions (and any other terms and conditions referenced herein) constitute

the entire agreement between the Client and Fairway Aquatica with respect to travel bookings

made with Fairway Aquatica by any means, and it supersedes all prior or contemporaneous

communications and proposals, whether electronic, oral, or written, between Client and

Fairway Aquatica with respect to communications with Fairway Aquatica. A printed version of

this agreement and of any notice given in electronic form shall be admissible in judicial or

administrative proceedings based upon or relating to these Terms and Conditions to the same

extent and subject to the same conditions as other business documents and records originally

generated and maintained in printed form.