SHEENCO TRAVEL BOOKING TERMS & CONDITIONS
The following terms and conditions (our “Travel Booking Terms”) govern the reservation, purchase, and use of all Travel Services (as defined below) offered for sale by Sheenco Travel, Inc. (SHEENCO), a Texas corporation located at 1400 Preston road, Suite 495, Plano, Texas.
All bookings of Trips are also subject to the Terms and Conditions of the Supplier of the Travel Service(s) incorporated in your reservation. By placing a reservation with SHEENCO, you agree to abide by all the Terms and Conditions of the applicable Suppliers, and to be bound by the limitations therein. If a Supplier’s Terms and Conditions are ever in conflict with our Travel Booking Terms, SHEENCO’s Terms will control all issues relating to the liabilities and responsibilities of SHEENCO.
Please read these Travel Booking Terms carefully, ask us any questions you have about them, and/or consult an attorney if necessary before you agree to be bound by them. Traveler acknowledges that they have taken note of these Travel Booking Terms before making a booking and have accepted the same by checking the box in the booking form marked “I have read and accept the Terms and Conditions on my behalf and on behalf of all family members and others of my group traveling with me.” Without this acceptance, the processing of a booking is not possible.
Table of Contents
- Modification of Our Terms and Conditions
- Prices and Pricing Errors
- Cancellation and Alteration Policies
- Issuing Travel Documents
- Travelers with Special Needs or Disabilities
- International Travel: Passports, Visas, and Travel Safety
- Air Transport
- Car Rental
- Chauffeur Driven Tours
- Escorted Coach Tours
- Activities Offered During your Trip
- Marketing Materials and Illustrative Photos
- Local Customs, Laws, and Travel Risks
- Seller of Travel Registration Information
- Limitation of Liability
- Disclaimer of Warranties
- Indemnification and Release
- Force Majeure
- Agreement Compliance
- Disputes: Mandatory Binding Arbitration, Class Action Waiver, etc.
- Governing Law, Venue, and Jurisdiction.
- Attorney’s Fees, Costs, and Expenses of Suit
- Consumer Complaints
- Medical Emergencies
- Legal Compliance and Proper Conduct
- Use of Information
- Severability and Survivability
- Entire Agreement
- This agreement and its terms and conditions are herein referred to as our “Travel Booking Terms” or this “Agreement”
- “SHEENCO” and/or “we” or “us” refer to Sheenco Travel, Inc.
- The “Site” is our website, located at http://www.sheencotravel.com
- “Travel Service(s)” or just “Service(s)” encompass: tours and tour packages; tour guide services; accommodations, including hotel rooms, castle stays, resorts, or other lodgings; golf, spa, and other activities offered during a Trip; ground transportation, including car rentals, chauffeur driven car rentals, and train journeys; and any other travel or travel related products offered or sold by SHEENCO.
- The term “Trip” is defined as any Travel Service, or package of Travel Services, offered or sold by SHEENCO.
- “Traveler” shall apply to each and any of the following: a party participating in an offered Trip and/or the party who purchases (or attempts to purchase) a Trip for themselves and/or others, including their Parent (or Legal Guardian) who accepts these Terms and Conditions on their behalf if the party participating in the Trip is not of legal age or cannot otherwise enter into a binding legal contract on their own behalf.
- Travel Service Supplier (“Supplier(s)”) are any third-party providers of Travel Services.
The Services offered by SHEENCO are available for purchase by all North American residents who have the requisite power and authority to enter into and perform the obligations under these Terms and Conditions. No unaccompanied minors (those under 18 years of age) will be accepted. The Lead Passenger (the Traveler who submits a Trip reservation for others) must be over the age of 18 to purchase a SHEENCO Trip and agree to these Terms and Conditions. If travelling with a minor, the minor’s parent or guardian accompanying them must accept full responsibility for the minor at all time during their Trip.
Modification of Our Travel Booking Terms.
Our Travel Booking Terms may be amended or modified by us at any time, without notice, on the understanding that such changes will not apply to Trips booked prior to the amendment or modification. It is therefore essential that you consult and accept our Travel Booking Terms at the time of making a booking, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you placed an order with SHEENCO or reviewed our Travel Booking Terms.
Prices and Pricing Errors.
Only items and fees explicitly advertised as included in the price of a Travel Service will be included as part of that Travel Service’s advertised price. We use commercially reasonable endeavors to publish and maintain accurate prices and information for Services. Suppliers provide the price, availability and other information related to their Services. In the event, however, that a Service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or information received from a Supplier, we retain the right to refuse or cancel any reservation placed for such Service, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your reservation is canceled because of incorrect Supplier provider information, we will promptly issue a credit to your credit card account in the amount of the charge. We expressly reserves the right to correct any advertised pricing errors and/or on pending bookings. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
No claim by Traveler relating to the price of a Trip will be considered once the reservation is effective. All prices are quoted in US dollars (US$) unless otherwise delineated. Rates for Travel Services are based on tariffs and exchange rates in effect at the time of posting and are subject to change prior to departure. Substantial changes in tariffs, exchange rates, price of fuel, services and labor sometimes increase the cost of Travel Service arrangements.
To make a booking with SHEENCO, please contact us directly at 857-277-5110
Initial Deposit and Final Payment.
- For bookings made more than 90 days before departure, a non-refundable 25% deposit of the land-cost total is required.
- The remaining balance is due 90 days prior to departure. There are exceptions to these deposit requirements for certain products as listed below.
- If full payment is not received 90 days prior to departure, reservations will automatically cancel and deposit payments become forfeit. No travel documents or confirmation numbers will be e-mailed out until full payment has been received.
- Some Suppliers have their own policies in regards to deposits and final payments. All Travelers should review those policies prior to purchase. By placing an order with SHEENCO, you agree to abide by all the Terms and Conditions of the applicable Suppliers without reservation, and to be bound by the limitations therein.
We are pleased to accept payment by Visa and MasterCard and American Express.
We can also accept wire transfers. All wiring and transfer fees and cost are to be paid by the sender. Contact us for bank details and wiring instructions.
Cancellation and Alteration Policies.
Cancellations by Traveler
|Date of Cancellation
|Up to 90 days before date of arrival
|Loss of entire non-refundable 25% deposit|
|Between 89 to 30 days before date of arrival
|50% of the Trip price|
|Less than 30 days before date of arrival
|100% of the Trip price is forfeited by Customer|
- Please note that a no show passenger is treated as a cancellation and forfeits all payments made as well.
- When part of a booking is cancelled, the remaining parties may have to pay additional charges (e.g. under-occupancy, or single room supplements).
For California and Illinois Residents only:
Upon cancellation of the transportation or Travel Services, where the Traveler 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 Traveler, all sums paid to the seller of travel for services not provided will be promptly paid to the Traveler, unless the Traveler advises the seller of travel in writing, after cancellation. This provision does not apply where the seller of travel 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, the seller of travel must provide a California Traveler 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.
Traveler Alterations to Trip Itinerary
After receipt of deposit or full payment by SHEENCO, Traveler will be charged, an amendment fee of $100.00 (“Amendment Fee”) by SHEENCO for all permitted passenger-initiated changes.
Certain Suppliers may charge additional fees for changes or cancellation. Cancellation, substitution, and/or alteration terms can vary by Supplier. Please familiarize yourself with the terms of your Supplier prior to purchase as we cannot be held accountable for your unfamiliarity with those terms.
Traveler must notify SHEENCO in writing pursuant to the section below entitled “Notifications” of any changes to, or cancellation of, part or all of your Trip package before we can make any changes or cancellations to the Services.
Cancellations and/or Alterations not attributable to Traveler
Particularly as a result of causes beyond our control (ie. weather and travel conditions, river water levels, political or environmental changes, equipment failure, flight schedule changes or rescheduling of air routes and times, referred to herein jointly as “Force Majeure”), changes and/or cancellations may need to be made to confirmed bookings. While we always endeavor to avoid changes and cancellations, we must reserve the right to do so and to substitute alternative arrangements of comparable monetary value. SHEENCO reserves the right to adjust the Travel Service or change the modes of ground transport, change the quality of accommodations or otherwise change the Travel Service without prior notice. We accept no liability for loss of enjoyment as a result of these changes. Any additional charges incurred arising from the postponement, delay or extension of a Trip due to Force Majeure will be the Traveler’s responsibility. SHEENCO will attempt to provide Traveler advanced notice of any changes to your Trip to the extent commercially possible.
Issuing Travel Documents.
Travel Documents, including confirmation numbers, will be emailed 14 days in advance of departure date. Should you change your email address before your departure date, you are required to advise us of the change. If a Traveler provides incorrect information to SHEENCO, we do not assume any liability if the Trip is adversely affected or made impossible by the non-receipt of travel documents.
9. Travelers with Special Needs or Disabilities.
- If you have special needs (e.g., wheelchair accessible room, traveling with seeing eye dog, etc.) you must inform SHEENCO at the time of booking and verify that special needs can be met. Depending on their terms and conditions, your reservation may be refunded, canceled or modified if special needs cannot be met. SHEENCO make no guarantee as to the ability of any Supplier to meet the special needs of disabled Travelers.
- Traveler should be aware that different countries have its own standards of accessibility for persons with disabilities. Before you travel, visit state.gov/destination and enter a country or area to find information for mobility-impaired travelers in the Special Laws & Circumstances Section
- Consult with your physician before traveling to identify health care needs during your Trip.
- If your health insurance plan does not provide coverage where you are travelling, we strongly recommend supplemental medical insurance and medical evacuation plans.
- Carry sufficient prescription medication to last your entire Trip, including extra medicine in case of delay. Some prescription medications that are legal in the United States may be illegal in Ireland and/or The UK. See https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages.html for the specific area where you will be traveling or contact the Irish/British embassy or consulate for more information if necessary.
- Always carry your prescriptions in their labeled containers, not in a pill pack.
- Carry medical alert information and a letter from your health care provider describing your medical condition, medications, potential complications, and other pertinent medical information.
- Get official documentation of your “special needs”. Your physician should give you a letter stating you are disabled and in what way you are disabled. If you need special equipment of any kind, oxygen, a walker, paper disposables such as underpants, have this included. If possible, have them add the statement that you have been checked and found free of any communicable disease, particularly HIV Aids. Also have your doctor include the medications prescribed for you. Be sure the medication or drugs you carry on your person or in your luggage match what is on the list.
- Many doctors are now using a rubber stamp to prevent forgery of their signatures. Be sure the document you get from your doctor receives this stamp to assure everyone your letter is authentic. Make several copies of the letter and carry the original with you at all times. If your doctor does not have the anti-forgery stamp, go to a notary or similar official.
- Traveler certifies that they are responsible for managing their own medication and medical, physical, or allergic conditions during their Trip. Travelers who have physical conditions wherein they must take medication daily should have back up medication in case the medication gets lost, or is rendered unusable.
- If Traveler’s condition potentially requires EpiPens or other emergency tools, it is Traveler’s responsibility to bring their own and a back up supply. Traveler understands that in the event of injury to Traveler, or exacerbation of Traveler’s medical condition, SHEENCO may not be held responsible.
SHEENCO reserves the absolute right to decline a booking at their discretion. Travelers agree to accept the authority and decisions of the employees of SHEENCO, including our guides and agents, while on your SHEENCO Trip. If in the opinion of such person the health, or conduct, of a Traveler before or after departure appears likely to endanger the safe, comfortable and efficient progress of a Trip, the Traveler may be excluded from all or part of the Trip.
Should you have to cancel your Trip because of illness, injury or death to you or an immediate family member, depending on the type of coverage purchased, trip cancellation insurance may protect some or all deposits and payments for Trip costs. Trip cancellation and interruption penalties are significant. Purchasing trip cancellation insurance at a much later date may limit some of the coverage as to pre-existing or other conditions. SHEENCO requires as a condition of sale the immediate purchase of travel cancellation insurance including emergency medical evacuation, flight delay, baggage and repatriation.
There are a range of insurance options available through the Travel Insurance Center (www.travelinsurancecenter.com/). For a detailed quote, and/or to purchase comprehensive travel insurance for your vacation, please CLICK HERE and complete the requested information. Don’t forget to add in the cost of your airfare if you would like the cost of your flights included in your travel insurance. If you have any questions regarding travel insurance or need help choosing the plan that is right for you please call the Travel Insurance Center directly at +1 866-979-6753 or +1 402-343-3699. If purchasing your travel insurance over the phone, please quote the source ID “SheencoTravel”.
It is Traveler’s responsibility to understand the limitations of their insurance coverage and purchase additional insurance as needed. It is the Traveler’s sole responsibility to research, evaluate and purchase appropriate coverage. Traveler agrees that SHEENCO is not responsible for any uninsured losses.
International Travel: Passports, Visas, and Travel Safety.
A full and valid passport, valid for the entire duration of your planned stay is required for all persons traveling to Ireland and/or the U.K. Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or access online at http://travel.state.gov/content/passports/en/passports.html or directly from the destination country’s website.
You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all passengers when making a booking and appearing in your travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on your passport. WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, TRANSPORT, OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION. IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON US, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING US ACCORDINGLY.
U.S. citizens can enter Ireland visa-free for tourism or business stays of up to 90 days. They may enter the U.K. visa-free for tourism or business stays of up to six months.
For State Department information about conditions abroad that may affect travel safety and security, you can contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to http://wwwnc.cdc.gov/travel/.
“Accommodations” are any lodgings in a dwelling or similar living quarters afforded to Travelers including, but not limited to, hotels, castles, motels, bed & breakfasts, and resorts. SHEENCO provides the Accommodations for its Trips through third-party Suppliers and retains no ownership or management interest in those Accommodations.
Reservations will be secured on receipt of your deposit. SHEENCO will book the Accommodations requested by the Traveler, but will offer an alternative of the same standard as close as possible to the location requested if the Traveler’s first choice is not available. Where the first choice of Accommodation is not available and the alternative offered is not suitable the booking deposit/payment on your accommodation is refundable.
SHEENCO does not guarantee the amenities of the Accommodations nor the performance of the third-party Suppliers. If any issues arise, please contact the owner/operators of the respective Accommodations directly.
Prices of Accommodations are based on double occupancy unless described otherwise. If you prefer single Accommodations, some Accommodations require you to pay a single supplement fee which can vary depending on the Accommodation.
Accommodations and living standards may vary from country to country and region to region. SHEENCO makes no guarantees about Accommodation living standards. Any additional costs, i.e. upgrades etc., will be borne by the Traveler.
Some Accommodation Suppliers may require you to present a credit card upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by us for your Accommodation booking.
SHEENCO provides a ‘land only’ service and is not responsible for air travel into or out of Ireland and/or the U.K. SHEENCO affiliates may offer airline tickets for purchase, but ALL responsibility for the sale of the air transport rests with the affiliate. SHEENCO will not be responsible for any delays, cancellations or other hindrance of passage to your point of entry.
Reservations will be secured on receipt of your deposit. Please check your final itinerary for details of your Rental Car Suppliers. The separate Terms and Conditions for our different Rental Car Suppliers can be viewed at the following links:
A credit card imprint is required from the Rental Car Supplier when you are picking up your car to cover any excess (deductible), fuel deposit etc. Debit cards are not accepted, and the Traveler must check which credit cards are accepted by the Rental Car Supplier.
All our car rentals include all compulsory insurance, unlimited mileage, and all taxes. Any rentals where the vehicle is not returned to the same location as it is collected will be subjected to a one way fee payable directly to your Rental Car Supplier at pick up time. Your Rental Car Supplier will offer additional optional insurances at the point of pick up. This and any other optional extras (additional driver(s), child seats, GPS, etc) will be billed directly to you by the Rental Car Supplier.
Please be advised we use different Rental Car Suppliers in Ireland and the U.K., so please ensure you review the correct ones that relate to your package. For combined trips to Ireland and the U.K., you may be using both Rental Car Suppliers, in which case you will need to review the detailed terms and conditions for both countries. It is Traveler’s responsibility to notify SHEENCO if they are in breach of any of our Rental Car Supplier’s Terms and Conditions or will be unable to comply with those Terms and Conditions. If you have any questions in relation to your car rental, please contact your Luxury Travel Specialist on 857-277-5110.
Chauffeur Driven Tours.
Reservations will be secured on receipt of your deposit. All Chauffeur Driven Tours include all taxes and fees, driver’s expenses, vehicle rental, gas, and insurance. Optional extra costs to be covered by Traveler include: tolls, ferries and parking costs. Gratuity not included. Driver/Guides are available for 8 hours per day in accordance with Irish law with a minimum overnight rest period of 11 hours.
Activities Offered During Trips.
Some activities available on our Trips are physically active and interactive, so you must be in good physical condition and health to participate in them. An offered activity may not be appropriate for all ages or for individuals with certain medical conditions or disabilities. SHEENCO may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.
It may happen that certain activities referred to or described in your Trip description or other promotional materials are no longer provided by the local provider for climatic reasons, in the event of Force Majeure, outside of the local tourist season, or when the minimum number of Travelers required for providing a given activity is not reached (examples: group sports, children’s clubs). In the early or late season some activities may not be available, some of the facilities (restaurant, swimming pool, etc.) may be closed, or maintenance work may be in progress. As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions. Particularly during the high season it is possible that the number of parasols, loungers, sports equipment, etc., are insufficient for the demand. The opening hours of bars, restaurants, and nightclubs, etc., may be irregular and dependent on the management of the establishment in question. SHEENCO cannot be liable for activities unavailable due to any of the reasons listed above or for any other reason outside of our control.
YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHEENCO SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITY.
Marketing Materials and Illustrative Photos.
SHEENCO endeavors to illustrate the Travel Services it offers using photographs or illustrations that provide a realistic representation of the Services. However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. They are not contractual nor are they to be construed as guarantees of the conditions of the Travel Services pictured at the time of a scheduled Trip.
Local Customs, Laws, and Travel Risks.
Travel may expose Traveler to different customs, standards, laws and risks than those Travelers are accustomed to. Traveler understands that they must be prepared to cope with the unexpected, with local customs and shortages, the vagaries of weather, and travel in general. As such, Traveler acknowledges and accepts the risks associated with travel in a foreign country and agrees to release and hold SHEENCO harmless for any such problems experienced while participating in their Trip.
Although most travel to participating destinations is completed without incident, travel to certain areas may involve greater risk than others. You assume sole responsibility for your own safety. SHEENCO does not guarantee your safety at any time, and assumes no responsibility for gathering and/or disseminating information for you relating to risks associated with your destinations. BY OFFERING OR FACILITATING TRAVEL TO CERTAIN DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO THOSE DESTINATIONS.
Any notices required or permitted hereunder shall be given:
- If to SHEENCO, via email to: email@example.com
- If to Traveler, at the email or physical address provided by Traveler during the registration process.
Such notice shall be deemed given: upon personal delivery; if sent by electronic mail, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.
Seller of Travel Registration Information.
California Registration Info: SHEENCO is registered with the California Department of Justice. CST# 21419577-40. Registration as a seller of travel does not constitute approval by the State of California.
Florida Registration No. ST-43056
Limitation of Liability.
IN NO EVENT SHALL SHEENCO BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF SHEENCO HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL SHEENCO’S TOTAL AGGREGATE LIABILITY TO THE TRAVELER FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE TRAVELER TO SHEENCO UNDER THIS AGREEMENT.
SHEENCO OFFERS VARIOUS TRAVEL SERVICES PROVIDED BY THIRD PARTY SUPPLIERS. SHEENCO RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY SUPPLIERS. TO THE FULLEST EXTENT PERMITTED BY LAW, SHEENCO DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY SUPPLIERS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS.
Disclaimer of Warranties.
The inclusion or offering of any Services by SHEENCO does not constitute any endorsement or recommendation of such products or services. UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY SHEENCO ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHEENCO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY/THROUGH SHEENCO. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Indemnification and Release.
You hereby release SHEENCO and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Travel Services, Traveler’s participation in a Trip, including but not limited to, any interactions of any kind arising in connection with or as a result of this Agreement or your use of the Site. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Traveler hereby also agrees to indemnify, defend and hold harmless SHEENCO from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys’ fees) and expenses, arising out of any claim brought against SHEENCO regarding, resulting, or arising from Traveler’s participation in a Trip or Traveler’s booking of Travel Services.
SHEENCO shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond SHEENCO’s reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, political unrest, natural or nuclear disaster, epidemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power Services, terrorism or any other causes beyond the control of SHEENCO or deemed by SHEENCO to constitute a danger to the safety and well-being of Travelers. SHEENCO reserves the right to cancel any Services due to Force Majeure.
If you believe that SHEENCO has not adhered to this Agreement, please contact SHEENCO by emailing us at firstname.lastname@example.org. We will do our best to address your concerns.
27. Disputes: Mandatory Binding Arbitration, Class Action Waiver.
Any disputes or claims relating, or referring to, a Trip should be submitted to SHEENCO in writing no later than 28 days after the end of your Trip. You and SHEENCO shall attempt in good faith to resolve any dispute or claim concerning, relating, or referring to a Trip, Services sold by us, the Site, any literature or materials concerning our Services, and these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, (hereinafter a “Dispute”) through preliminary negotiations. If the Dispute is not resolved through good faith negotiation, all Disputes shall be resolved exclusively by binding arbitration held in Plano, Texas and presided over by one (1) arbiter. The arbitration shall be administered by JAMS or a similar ADR organization pursuant to JAMS Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy shall act as a waiver of the moving party’s right to compel arbitration of any dispute. YOU RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND SHEENCO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION.
Governing Law, Venue, and Jurisdiction.
These Terms and Conditions and the relationship between you and SHEENCO will be governed by U.S. law, particularly the laws of the State of Texas, without regard to its conflict of law provisions. You and SHEENCO agree to submit to the personal jurisdiction of the federal and state courts located in Plano, Texas with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or any other Dispute related to these Travel Booking Terms not covered by our Binding Arbitration clause. Traveler and SHEENCO agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute, shall be the federal and state courts located in Plano, Texas, and to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court.
Attorney’s Fees, Costs, and Expenses of Suit.
If any act of law or equity, including an action for declaratory relief, is brought to enforce, interpret or construe the provisions of this Agreement and/or the included Mandatory Binding Arbitration Agreement, the prevailing party shall be entitled to recover actual reasonable attorney’s fees, costs, and expenses.
Under California Civil Code Section 1789.3, California users of the Site receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at (800) 952-5210.
The quality of medical personnel and facilities vary from country to country, and region to region, and cannot be controlled by SHEENCO. Hospital facilities may be unavailable and evacuation can be prolonged, difficult and expensive. SHEENCO is not responsible for the costs of any medical treatment you may require during a Trip and assumes no liability regarding provision of medical care or lack thereof that you may receive while on the Trip. YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND ALL MEDICAL TREATMENTS AND EVACUATIONS YOU MAY REQUIRE OR RECEIVE DURING YOUR TRIP. Traveler releases SHEENCO from any liability relating to any such medical care, whether secured by a Service provider on behalf of Traveler, or otherwise, and agrees to be responsible for any and all expenses incurred for said medical care.
Legal Compliance and Proper Conduct.
Traveler understands that their participation in a Trip may be terminated during the Trip if Traveler is disciplined by any civil or criminal authorities, Accommodation or conveyance Suppliers, or if SHEENCO, in its sole discretion, determines that Traveler’s conduct is incompatible with the interests, safety or welfare of other Travelers, Suppliers, guides, their employees, or independent contractors. In this event, Traveler is responsible for arranging and paying for their own substitute travel and Accommodations.
Use of Information.
SHEENCO may occasionally use statements and testimonials provided by Travelers, and/or Travelers’ photographs, in marketing materials, on the internet (including social media), and in print publications and advertisements to promote SHEENCO. You fully consent to such use of your statements and/or photographs, images, or other likenesses, for marketing or promotional purposes without the payment of any compensation to you, and grant SHEENCO a non-revocable license for said use.
Traveler may not assign his rights or obligations hereunder without the prior written consent of SHEENCO.
Severability and Survivability.
If any provision, or portion of a provision, in these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Traveler and SHEENCO agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.
Notwithstanding any other provisions of this these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.
No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party’s rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. SHEENCO does not guarantee it will take action against all breaches of this Agreement. No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.
This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions or agreements between the parties with respect to such subject matter.
Updated July 1st 2023