TERMS OF SALE

Last Updated: March 3rd 2025

These Terms of Sale, together with any additional exhibits, addenda, agreements, or policies linked or referenced herein (collectively, the “Terms”), is a binding legal contract entered into by and between you, the user of our website (“Site”), and any organization on behalf which you use the Site (“you”), and Lalechet Tours Corp. (“Lalechet,” “we,” “us,” and “our”) (collectively the “Parties,” and each a “Party”), and govern the terms upon which we offer our travel services to you.

Please read THIS DOCUMENT carefully. These Terms constitute a binding legal agreement between you and Lalechet and contain important legal information regarding YOUR PURCHASE OF TRAVEL SERVICES FROM US, our rights to change these Terms, limitations of our liability, warranty disclaimers, terms regarding your and others’ privacy rights, and binding mandatory arbitration, class action waiver, and jury trial waiver provisions set forth in Section 18, which govern the resolution of disputes and require the use of individual arbitration to resolve disputes.

Acceptance

    1. Your use of the Site to make a reservation, purchase, or other transaction involving products or services offered by us (each, a “Booking”) is expressly conditioned upon your acceptance of these Terms. To make a Booking or otherwise use the Site, you must accept these Terms. If you do not accept these Terms in their entirety, you are strictly prohibited from making any Booking or otherwise using the Site in any manner or for any purpose.
    2. By making a Booking or otherwise using the Site, you represent and warrant that you: (i) have read these Terms; (ii) are of legal age to enter into this agreement; (iii) have the legal right, authority, and permission to use the Site and make Bookings; (iv) accept these Terms, as well as our Terms of Use and Privacy Policy, which are incorporated herein by reference; (v) are legally bound by these Terms; (vi) are legally and financially responsible for: (a) any Bookings made by you; and (b) your use of the Site; and (vii) are not legally prohibited from using the Site or any of its contents, or any of our travel services offered by us.
    3. If you do not agree to any part of these Terms, including the binding mandatory arbitration, class action waiver, and jury trial provisions set forth at Section 18, you must not make a Booking or otherwise use the Site in any manner or for any purpose.

Travel Partners

    1. We use third-party suppliers, including, without limitation, airlines, hotels, rental car companies and other suppliers that provide travel or other services that we offer through the Site (collectively, our “Travel Partners”).
    2. You agree to abide by the terms or conditions of purchase imposed by any Travel Partner, whether that Travel Partner is selected by you or by us, including, without limitation, payment of all amounts when due and compliance with the Travel Partner’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any a Travel Partner’s terms and conditions of purchase may result in cancellation of your reservation(s) or purchase(s); you being denied access to any flights, hotels, or rental cars; you forfeiting any monies paid for such reservation(s) or purchase(s); and in us debiting your account for any costs we incur as a result of such violation(s).
    3. You agree that we will not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind arising out of, or in any way connected with, the performance or non-performance of any Travel Partner. In the event of non-performance of a Travel Partner, you agree that your sole recourse shall be toward the Travel Partner and not us.
    4. We have no special knowledge regarding the suitability for disabled persons of any Booking made with a Travel Partner. For information concerning the suitability for disabled persons for any reservation, contact the Travel Partner directly.

Pricing & Fees

    1. We strive to publish and maintain accurate prices and information for our travel services. Travel Partners provide us with the price, availability, and other information related to these services. In the event that a service is listed or provided to us with an incorrect price or other information due to typographical or other error made by a Travel Partner or by us, we retain the right to refuse or cancel any Bookings made for such services, whether or not the Booking has been confirmed and/or your credit card or other form of payment has been charged. If you have already been charged for the purchase and your Booking is cancelled because of incorrect information, we will promptly issue a credit to your original form of payment in the amount of the charge.
    2. All applicable prices are set forth alongside the products and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for those same products and services. All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time your Booking is made and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes, fees, duties, assessments, and similar charges. These will be added to your total purchase price and will be itemized in your shopping cart and your order confirmation email.
    3. From time to time, we may offer promotions that affect pricing and which are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms and the terms for a promotion, the promotional terms will govern.
    4. Bookings and other purchases made on or through the Site are transacted in different currencies, depending upon your IP address. You will be charged in the currency shown upon checkout. If you make a Booking or other purchase from us using a credit or debit card, please be aware that, due to the constant fluctuation in exchange rates, our charge to your card, or the estimated charge amount we provide you, may differ based on the exchange rate at the time you make your Booking versus the rate at the time the charge is reflected on your credit card statement. In the event we must provide you with a credit, we will refund the exact amount in the currency initially charged and are not responsible for any fluctuations in exchange rates which may cause differences in the amount of such credit.
    5. To facilitate your hotel and rental car Bookings, we will charge your method of payment, in addition to our base rate, for taxes and fees (which will be disclosed to you before you elect to proceed). This charge includes an amount we anticipate we will need to pay our hotel or rental car Travel Partner in connection with your Booking for taxes, fees, and surcharges, including, without limitation, sales and use tax, occupancy tax, room tax, value added tax, airport or facility tax, surcharges, or fees, and/or other similar taxes, surcharges, or fees. In certain locations, the tax amount may also include government-imposed service fees or other fees not paid directly to taxing authorities, but which are required by law to be collected by the hotel Travel Partner. The amount of this charge is intended by us to be sufficient to cover the amount we may be required to pay on your behalf to a hotel or rental car Travel Partner, and may vary from the amount we actually pay the Travel Partner in connection with your Booking for taxes, fees, and surcharges. The balance of the charge for taxes and fees is retained by us as part of our compensation for our services and to cover the costs of your Booking, including, for example, customer service costs. The charge for taxes and fees varies based on a number of factors, including, without limitation, the amount you pay to us, the amount we pay the Travel Partner, the location of your hotel or where you pick up your rental car, and may include profit that we retain.
    6. Except as described below, we do not function as a vendor for purposes of collecting and remitting taxes to the applicable taxing authorities. Instead, our Travel Partners bill all applicable taxes to us, and we pay such amounts directly to the Travel Partner on your behalf. Taxability, appropriate tax rate, and applicable tax types vary greatly by location.
    7. For Bookings involving hotels located within certain jurisdictions, the charge for taxes and fees includes an additional payment of taxes that we are required to collect and remit to the jurisdiction for taxes owed on amounts we retain as compensation for our travel services.
    8. Depending upon the hotel property you stay at, you may also be charged certain: (i) mandatory hotel-specific service fees, such as resort fees, energy surcharges, newspaper delivery fees, in-room safe fees, tourism fees, or housekeeping fees; and/or (ii) optional incidental fees, such as parking charges, minibar charges, and room service. These charges, if applicable, will be payable directly by you to the hotel at checkout. When you check in, a credit card or, in the hotel’s discretion, a debit card, will be required to secure these charges and fees that you may incur during your stay. Please contact the hotel Travel Partner directly for more information regarding whether and which charges or service fees apply.
    9. For hotel Bookings, charges may also include destination marketing fees collected by the hotel and provided to relevant tourist bureaus. Contact the hotel Travel Partner directly if you have any questions.

Payment

    1. Terms of payment are within our sole discretion and payment must be received by us before we accept a Booking.
    2. By submitting a Booking or otherwise completing or attempting to complete a purchase or other transaction with us, you represent and warrant that: (i) the information you supply to us is true, accurate, and complete; (ii) you have the legal right, authority and permission to make such Booking or other transaction in the manner elected without violating any law, rule, or regulation; (iii) charges incurred by you will by honored by your banking institution, credit card provider, or other electronic payment provider; and (iv) you will pay all charges incurred by you at the posted price(s), including, without limitation, all applicable taxes, if any, regardless of the amount quoted by us at the time of your Booking or other transaction.

Chargebacks

    1. You have the ability to dispute charges with credit card companies (“Chargebacks”). If you have a question about a charge on your credit card statement, we encourage you to call us before disputing a charge with your credit card company to discuss any questions or concerns about your charges from us. We will work with you in resolving your concerns. We retain the right to dispute any Chargeback that we believe is improper, as described more fully below. We also retain the right to cancel any Booking in the event of a Chargeback relating to that Booking.
    2. By making a Booking or otherwise using the Site, you accept and agree to adhere to the relevant cancellation policy of any applicable Travel Partner(s). In most cases, the cancellation policy of each Travel Partner is made available on the Site. Please note that certain rates or special offers are not eligible for cancellation or change.
    3. We deem the following Chargeback scenarios as improper, and we retain the right to investigate and rebut any such Chargeback claims and recover all costs associated with such Chargeback claims from you.
      1. Chargebacks resulting from non-cancellable Booking in the event we or a Travel Partner cannot provide a refund, whether or not the Booking is used.
      2. Chargebacks resulting from charges authorized by family, friends, associates, or other third parties with direct access to your credit card or other form of payment.
      3. Chargebacks arising from a Travel Partner’s failure to deliver a product or service in a manner that is consistent with the Travel Partner’s description.
      4. Chargebacks resulting from a Force Majeure Event or other circumstances that are beyond our reasonable control.

Refunds

    1. To provide you with a smooth, hassle-free experience, we must make any arrangements on your behalf, including, without limitation, flights (“Air Transit”) and lodgings, ground transit, tour guides, and similar provisions (collectively, “Ground Transit”) well in advance of your intended departure date. Unless otherwise agreed to us in writing, the following refund policies shall apply to all Bookings.
    2. Any Booking made more than thirty (30) days in advance may be cancelled in writing within twenty-four (24) hours of the time of the Booking for a full refund. Any cancellation must identify your; (i) name; and (ii) precise Booking number. Failure to provide either your name or Booking number shall render the cancellation attempt void and you shall not be entitled to a refund.
    3. Any Booking: (i) not cancelled in writing within the twenty-four (24) cancellation period set forth above; or (ii) otherwise made less than thirty (30) days in advance of your departure date shall be non-refundable. This includes, without limitation, charges for Air Transit and Ground Transit (which may be made by an affiliated company or processing agent), fees assessed by us, and/or fees assessed by other third parties).
    4. In the event that you miss your flight for any reason whatsoever, including through no fault of your own, we will attempt to rebook you on another flight. You will be responsible for any additional costs associated with any replacement flight. In the event we are unsuccessful in booking you another flight, and even if you are unable to join the tour or similar travel event as a result, the cost of the tour or similar travel event shall be non-refundable.
    5. In the event your flight is cancelled by our airline Travel partner for any reason, we will attempt to rebook you on another flight. You will be responsible for any additional costs associated with the replacement flight. in the event we are unsuccessful in booking you another flight, you shall only be entitled to a refund for the amount of the cost of the cancelled flight. You shall not, however, receive or otherwise be entitled to receive a refund for any other aspect of the tour or similar travel event, including, without limitation, Ground Transit, even if you are unable to join the tour or similar travel event as a result of the cancellation.
    6. We are not responsible to you in any manner, and you are not entitled to refund for, any: (i) flight delays; (ii) lost or misplaced luggage, whether it be the responsibility of a Travel Partner or any other third party; (iii) special meal or food requests or other inflight services that you did not receive; or (iv) any other act or omission by any airline, hotel, other Travel Partner, or other third party. You must address all such matters directly with the responsible Travel Partner or other third party.

Travel Insurance

    1. Unless otherwise stated, prices displayed do not include travel insurance. You are advised to purchase or otherwise take out insurance coverage that covers the consequences of certain cancellations and related risks, such as the cost of repatriation in the event of illness). You are responsible for ensuring that any insurance coverage or policy purchased by you adequately covers your requirements. Travel insurance can be obtained from us or from a third-party insurance provider.

Flights

    1. Airline tickets made available by us are subject to the published conditions of carriage and rules, including, without limitation, the cancellation policies, of the applicable airline Travel Partner. The contract of carriage in use by the airline, when issued, is between the airline and you, the passenger. Airlines retain the right to adjust flight times and schedules at any time and may, in their discretion, change or cancel flights or itineraries. Different tickets on the same airline may carry different restrictions or include different services.
    2. Some airlines enter into code share agreements with a limited number of select airline partners. This means that on certain routes, the airline selling or marketing the flight does not fly its own aircraft to that destination. Instead, it contracts with a partner airline to fly to that destination. The partner airline is listed as “operated by.” In most cases, you will check in with the partner or “operating” carrier; however, you should verify your flight check-in location with your ticketing airline. If your flight is a code share, it will be disclosed to you during the Booking process and before payment is made by you.
    3. Federal law forbids the carriage of hazardous materials aboard any aircraft in your luggage or on your person. Pursuant to 49 U.S.C. § 5124, violations are subject to imprisonment for up to five (5) years, a fine of up to $250,000, or both. Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, and radioactive materials. Examples include paints, lighter fluid, fireworks, and oxygen bottles. There are special exceptions for small quantities—up to seventy (70) ounces total—of medicinal and toilet items carried in your luggage, and certain smoking materials carried on your person. For more information, please visit the U.S. Federal Aviation Administration’s (“FAA”) PackSafe for Passengers page.
    4. You agree not to purchase a ticket for any flights encompassing one or more segments that you will not be using, including, without limitation, “point-beyond,” “hidden-city,” or “back-to-back” tickets, if such practices are prohibited by our airline Travel Partner. You further agree not to purchase a round-trip ticket that you plan to use only for one-way travel if that practice is prohibited by the airline. You acknowledge that most airlines prohibit all such tickets, and therefore we do not guarantee that the airline will honor your ticket(s) if you engage in these practices. You agree to indemnify us against any and all claims made by our airline Travel Partners asserted on the basis of these or any other prohibited practices.
    5. For certain itineraries, you may be able to purchase two one-way tickets on the Site, rather than a round-trip fare. If you do so, you will be making two separate bookings with two separate and different sets of rules and policies (for example, rules and policies relating to baggage fees, change fees, and refunds). Any changes made to one of your bookings will not affect the other booking (for example, if your initial flight is cancelled by either you or the airline, the other airline with which you booked your return flight is not obligated to issue a refund or change your itinerary). If you are traveling internationally, you may need to provide proof that you have a return flight at check in and at immigration.
    6. Pursuant to 49 U.S.C. § 114 and the Intelligence Reform and Terrorism Prevention Act of 2024 (“IRTPA”), the U.S. Transportation Security Administration (“TSA”) requires us to collect information from you for purposes of watch list screening. TSA may share this information with law enforcement, intelligence agencies, or others under its published system of records notice. For more on TSA’s privacy practices and to view TSA’s system of records notice and privacy impact assessment, please visit TSA’s Website.
    7. It is your responsibility to ensure that you obtain any necessary identification for your travel that will be accepted by airport security, including a REAL ID, if applicable. For additional information on TSA’s REAL ID requirements, please visit TSA’s REAL ID page.
    8. Government-imposed taxes and fees and applicable airline-imposed fees are included in your fare. Tax rates in effect at time of purchase are applied to your ticket price. Retroactive tax rate increases are your responsibility, as the traveler.
    9. Air travel itinerary changes, if permitted by airline fare rules, may have a change fee charged by the airline, which varies by market, carrier, and specific fare rule. Any changes made with us to your itinerary may incur a per ticket Lalechet processing fee.
    10. Airlines may require you to pay additional fees at the airport for certain services and/or if you exceed certain limits as dictated by the airline, such as the number of bags or weight allowed. Some airlines do not offer a free baggage allowance. Some airlines also charge additional fees for other services, such as for carry-on baggage, priority boarding, and seat assignments. During the booking process, we endeavor to provide a summary of key terms pertaining to the applicable airline Travel Partner’s baggage fees; however, you should consult the airline directly for complete information about its baggage and ancillary fees.
    11. It is your responsibility to ensure that you have obtained any necessary visas for international travel, and that your passport will be accepted. You may be required to obtain a visa to transit a country, even if that country is not your final destination.
    12. Although most travel, including to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements, and advisories issued by relevant government agencies prior to booking travel to international destinations. For more information, please visit the U.S. Department of State’s (“State Department”) Travel Warnings & Advisories page. For foreign health requirements and dangers, please visit the Centers for Disease Control and Prevention’s (“CDC”) Travelers' Health page.
    13. Although not commonly used, disinsection is permitted under international law to protect public health, agriculture, and the environment. The World Health Organization (“WHO”) and the International Civil Aviation Organization (“ICAO”) stipulate two approaches for aircraft disinsection: (1) spraying the aircraft cabin with an aerosolized insecticide while passengers are on board; or (2) treating the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information, please visit the U.S. Department of Transportation’s (“DOT”) Aircraft Disinsection Requirements page.
    14. By offering or facilitating travel to or from particular international destinations, we do not represent or warrant that travel to or from such points is advisable or without risk. You acknowledge and agree that we shall not be liable for damages or losses that may result from travel to or from such destinations.
    15. If you are traveling internationally, some countries or airports charge fees upon entering and/or exiting the country. These fees are not included in the ticket price or the taxes and fees we display prior to purchase. For more information on a country-specific entry/exit fees, please visit the State Department’s Website prior to departure.

Hotels

    1. You may or may not be able to select your room type and number and type of beds when you make a hotel Booking with us. Room assignments are based on hotel availability and are at the hotel's discretion.
    2. From time to time, cheaper rates may be available for a specific stay at a specific hotel. However, such rates offered by hotels may carry special restrictions and conditions, such as those relating to cancellations and refunds. You should review all room and rate details thoroughly for any such conditions prior to making your Booking with us. Prices, rates, and inventory are subject to availability from the hotel.
    3. If you have special requests, you must call the hotel and verify that it can meet your special requests after you have made your Booking. We cannot and do not guarantee that special requests will be met.
    4. At the time of check-in, the reservation holder for a hotel Booking must present valid identification and credit card or, in the hotel's discretion, debit card, in his or her name. The amount of available credit required varies by hotel. To check in, the reservation holder must also meet the hotel's minimum age requirement.
    5. All hotel reservations are guaranteed for double occupancy (i.e., for two (2) adults). Unless specifically disclosed, accommodations for more than two (2) adults are not guaranteed. Some hotels may prohibit extra guests. If your hotel does allow extra guests, there may be additional charges, which vary and are payable directly by you to the hotel.
    6. Hotel cancellation policies vary. Certain reservations are non-cancellable and non-changeable, require payment of a penalty for cancellation, and/or are fully refundable. Check the hotel cancellation policy when you book.
    7. You should call us if you wish to cancel a cancellable reservation in advance of your stay. However, if you are delayed on your check-in date or otherwise cannot check in to your hotel on the date you requested, you should contact the hotel directly to let them know. If you fail to check in to your hotel on the day of your reservation and do not alert the hotel, the remaining portion of your reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the applicable hotel Travel Partner.
    8. If you have disability needs, you must call the hotel directly to verify that such disability needs can be accommodated.
    9. For hotels that allow on-premises smoking, we cannot guarantee a non-smoking room for every property.

Rental Cars

    1. Vehicle rentals made available by us are subject to the standard rental contracts of the applicable rental car Travel Partner, and must be completed by you at the time you pick up your rental car from the Travel Partner.
    2. Specific cars, makes, and models are not guaranteed and listed makes and models are for example only. Car fleet information, including capacities, is based on the latest information provided to us by the rental car Travel Provider and is subject to change.
    3. Actual prices may vary depending upon special requests and items purchased at the counter. Pricing may change depending upon where you pick up or drop off the rental car, if you pick up or drop off the rental car on a different date or time, if you pick up or drop off the rental car at a different location than you requested in your reservation, or for other reasons at the discretion of the rental car Travel Partner.
    4. At the time of pick up, the reservation holder for a rental car Booking must present a valid driver's license and credit card in his or her name. Some rental car Travel Partners also accept debit cards; however, these Travel Partners have different requirements for customers who only have a debit card at the time of pick up.
    5. While our rental car Travel Partners strive to honor car type requests (e.g., economy, full size, SUV), your requested car type is not guaranteed to be available, and we cannot and do not guarantee that car type requests will be met.
    6. You may make special requests pertaining to your rental car, such as child seats. We cannot and do not guarantee that special requests will be met, as they are provided at the sole discretion of the rental car Travel Partner.

Warranty Disclaimers

    1. All content contained on, or made available through, the Site IS provided to you on an “AS IS” basis.
    2. We make no representations or warranties of any kind, express or implied, regarding the operation of the Site or the information, content, or materials included on the Site. To the extent permitted by law, we disclaim all representations and warranties, including, without limitation, the implied warranties of merchantability, satisfactory workmanlike effort, informational content, title, and non-infringement of the rights of third parties. We do not warrant or make any representations that the Site will operate error-free or uninterrupted, that defects will be corrected, or that the Site and/or its servers will be free of viruses and/or other harmful components.
    3. We do not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained on or through the Site for any purpose, including, without limitation, software, products, services, information, text, and graphics content.
    4. Without limiting the foregoing, we make no warranty or guarantee of any kind: (i) regarding our acceptance of any requested Booking; (ii) that you will receive the lowest available price for products or services offered by us; (iii) regarding the availability of products and/or services offered by us; or (iv) the results that may be obtained by you from your use of the Site.
    5. The warranty disclaimers set forth in this Section 11 shall only apply to the extent permitted by law. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers, in whole or in part, may not apply to you.

Limitation of Liability

    1. To the extent permitted by law, in no event shall we be liable to any person or entity for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages, or any damages whatsoever, including, without limitation: (i) loss of goodwill, profits, business interruption, data, or other intangible losses; (ii) inability to use, unauthorized use of, performance, or non-performance of the Site; (iii) unauthorized access to, or tampering with, your personal information or transmissions; (iv) provision or failure to provide any product or service; (v) errors or inaccuracies contained on the Site or any information, software, products, services, and related graphics on the Site; (vi) completed or contemplated transactions by you on or through the Site; (vii) property damage, including damage to your computer or computer system caused by viruses or other harmful components, during or on account your use of the Site; or (viii) damages otherwise arising out of the Site, any delay or inability to use the Site, or any information, products, or services obtained through the Site. These limitations of liability shall apply regardless of the form or action, whether based on contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of damages.
    2. Travel Partners are independent contractors and not our employees or agents. To the extent permitted by law, we do not assume liability for any injury, damage, death, loss, accident, or delay due to an act or omission of a Travel Partner and do not accept responsibility for any damage and/or delay due to any cause beyond our control.
    3. We shall not be responsible for any Travel Partner’s: (i) breach of warranty or other wrongdoing of a Travel Partner (including any liability in tort), as to any products and/or services offered by us; or (ii) failure to comply with these Terms or with applicable law.
    4. Notwithstanding the above, to the extent not prohibited by law, if we are found liable for any loss or damage relating to any products or services offered by us or use of the Site, you agree that our aggregate liability shall in no event exceed the total charge to you assessed by us for the Booking, transaction, or other request at issue.
    5. The limitations of liability set forth in this Section 12 shall: (i) only apply to the extent permitted by law; and (ii) not apply to: (A) liability resulting from or gross negligence or willful misconduct; and (B) death or bodily injury directly resulting from our acts or omissions.
    6. Because some jurisdictions do not allow certain exclusions of damages or limitations on liability, the above limitations only apply to you to the extent they are not prohibited under applicable law.

Indemnification

    1. You agree to defend, indemnify, and hold harmless us, our successors and assigns, and all of their respective officers, directors, agents, employees, and affiliates from and against claims, liabilities, damages, judgments, awards, losses, obligations, costs, expenses, or fees (including reasonable attorneys’ fees), of any kind or nature, brought: (i) by you or on behalf of you in excess of the liability limitations set forth above above; or (ii) by any third party resulting from or otherwise related to, directly or indirectly: (a) your breach of these Terms or any documents incorporated by reference herein; (b) your violation of any law or the rights of any third party; or (c) your use of the Site.
    2. You shall defend any claims that are subject to this Section 13 through counsel that is approved by us, such approval not to be unreasonably withheld, provided that we reserve the right to appear, at our cost, in any action through our own counsel.
    3. You are strictly prohibited from entering into the settlement of any claim subject to indemnification that requires or imposes any payment or other ongoing obligation on the part of any Lalechet Party without our prior written consent.
    4. The indemnification obligations imposed on you under this Section 13 shall survive any termination of these Terms.

Privacy

    1. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data (i.e., information that is linked or reasonable linkable to an identified or identifiable natural person that is protected as “personal data,” “personal information,” “personally identifiable information,” and other equivalent or similar terms under applicable law) collected from you in connection with any Bookings made by you and your general use of the Site.
    2. You acknowledge and agree that any personal data provided by you to us in connection with a Booking relating to air travel may be used by us and disclosed or otherwise made available to third parties, including, without limitation, our airline Travel Partners and government agencies. Your personal data may be used, disclosed, or otherwise made available for purposes of facilitating your Booking with our airline Travel partner, obtaining ancillary services on your behalf, and facilitating immigration and entry requirements. For these purposes, and where required by law, you acknowledge, agree, and authorize us and the third parties identified above to retain, use, and transmit such data in whatever countries they may be located. All personal data shall be handled in accordance with our Privacy Policy.

Changes to These Terms

    1. We may change or revise these Terms at any time, in our sole discretion, and without prior written notice. We will provide notice by, at a minimum, updating this page. You are expected to review these Terms regularly, as well as before making any Booking with us, so that you are aware of any changes.
    2. Any changes to these Terms shall be effect from and after the date they are posted on the Site, as indicated by the “Last Updated” date at the top of these Terms.
    3. Your continued use of the Site, or the submission of any Booking, after any posting of an updated version of these Terms shall constitute your acceptance of, and agreement to, any such changes to these Terms.
    4. The Terms posted at the time you make a Booking or any related transaction pertaining to the travel services offered by us shall govern that Booking and/or related transaction.
    5. If any part of these Terms, or any future changes to these Terms, are not acceptable to you, you shall not make any Booking or otherwise use the Site in any manner or for any purpose.

Force Majeure

    1. In no event will we be liable or responsible to you, or be deemed to have defaulted under or otherwise breached these Terms, for any failure or delay in fulfilling or performing any term under these Terms, when and to the extent such failure or delay is caused by circumstances beyond our reasonable control (“Force Majeure Event”), including, without limitation: (i) acts of God; (ii) flood, fire, earthquake, and other disasters or catastrophes, such as epidemics, or explosion; (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (iv) government order, law, or action; (v) embargoes or blockades; (vi) national or regional emergency; (vii) strikes, labor shortages or slowdowns, or other industrial disturbances (whether or not related to our workforce); (viii) shortage of adequate power or transportation facilities; and (ix) other restraints or delays affecting carriers or inability or delay in obtaining adequate supplies of adequate or suitable materials, materials or telecommunications breakdown, or power outage.

Governing Law; Jurisdiction

    1. To the maximum extent permitted by law, the laws of the State of New York, United States shall govern all matters arising out of these Terms, without reference to its conflicts of laws principles. These Terms will not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly excluded.
    2. Notwithstanding the provision above with respect to applicable substantive law, because the agreement entered into under these Terms by you and us is a transaction in interstate commerce, the Federal Arbitration Act (“FAA”), and not state arbitration law, shall govern the interpretation, validity, and enforcement of the dispute resolution/arbitration provision set forth below.

Dispute Resolution; Binding Arbitration; Class action & jury trial waiver

    1. All disputes arising out of or in connection with these Terms, which the Parties are unable to resolve by mutual and amicable agreement, shall be resolved in binding arbitration, subject to the terms and conditions set forth below. Specifically, all claims arising out of or relating to these Terms (including its formation, performance, and breach), your Bookings or other transactions with us, and/or your use of the Site shall be resolved exclusively by final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. As indicated above, the FAA and federal arbitration law apply to these Terms.
    2. Arbitration shall be conducted by the American Arbitration Association (“AAA”) under the Consumer or Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”), as applicable, in effect as of the date first written above, as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. Any such arbitration shall take place exclusively in the English language and in Kings County, New York. The arbitration panel shall consist of one arbitrator, appointed upon the mutual agreement of the Parties, acting reasonably, or the AAA Rules if the Parties are unable to mutually agree upon the arbitrator.
    3. We agree to be responsible for paying any individual consumer’s arbitration fees and related expenses; provided, however, that after judgment is entered by the arbitrator, the prevailing Party shall be entitled to recover reasonable attorney’s fees, expert fees, and costs, as applicable, as damages, to the maximum extent permitted by law.
    4. An award issued by the arbitrator shall be the Parties’ exclusive remedy for all claims, counterclaims, issues, or accountings pleaded or presented to the arbitrator. Judgment upon the arbitral award may be entered in any court that has jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the judgment of the arbitrator shall be charged against the Party that unsuccessfully resists its enforcement.
    5. You and us each agree that any dispute resolution proceedings will be conducted only on an individual basis, and not in a class, consolidated, or representative action. If, for any reason, a claim proceeds in court rather than in arbitration, you and us each waive any right to a jury trial.
    6. Notwithstanding the foregoing, you and us both agree either Party may bring suit in state or federal court in the State of New York, United States, to enjoin infringement or misuse of any registered or unregistered rights granted, applied for, or otherwise now or hereinafter in existence under or related to any copyright, patent, trade secret, know-how, trademark, service mark, trade name, database protection, or other intellectual property rights or proprietary rights law, and all similar equivalent rights or forms of protection in any applicable jurisdiction, in any part of the world (“Intellectual Property Rights”).
    7. Any cause of action or claim you may have arising out of or relating to these Terms or the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

General Legal Terms

    1. These Terms, together with any document referenced herein, constitutes the entire legal agreement between you and us, and governs all Bookings and other transactions with us, as well as your use of the Site; however, if you enter into a separate written agreement with us, that written agreement will incorporate these Terms. To the extent any portion of these Terms are inconsistent with the terms and conditions of such agreement, the inconsistent Terms shall be superseded by the terms and conditions of such other agreement.
    2. You agree that if we do not exercise or enforce any legal right or remedy set forth in these Terms, or which we have the benefit of under applicable law, this will not be taken or construed to be a formal waiver of any of our rights, and such rights or remedies will remain available to us.
    3. If any court of law, having the jurisdiction to decide this matter, rules that any provision of these Terms are invalid, then that provision will be removed from the Terms to the limited extent as necessary, without affecting the remainder of the provisions set forth in these Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
    4. We may provide you with notice under these Terms by: (i) electronic mail to your email address provided to us; (ii) written communication sent by letter delivered by a recognized overnight delivery service to your address provided to us; (iii) first-class postage prepaid mail to your address provided to us; or (iv) posting to the Site. You are responsible for ensuring your email and physical addresses remain current. You agree that any notice sent to the then-current email or physical address in our systems is adequate and binding notice upon you. You shall provide notice to us (such notice is deemed given when received by us) by: (i) electronic mail to info@lalechet.com; or (ii) written communication sent by letter delivered by a nationally recognized overnight delivery service or first-class postage prepaid mail to Lalechet Tours 1413 38th St, Brooklyn, NY 11218. We may update our email or physical addresses for notices to us by posting a Notice on the site.
    5. You acknowledge and agree that these Terms do not, and are not intended to, confer any right or remedy upon any person other than you.
    6. You acknowledge and agree that you may not assign or transfer any of your rights, or delegate any of your obligations, under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 19.6 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. We may assign our rights or transfer any or all of our obligations under these Terms at any time, without prior notice to you, including, without limitation in the event of a merger, acquisition, or sale of all or substantially all of our assets.