Phone: (305) 226-0909
eMail: [email protected]
1. Definitions
In this document, terms that commence with a capital letter are defined in this Section or in the preamble.
"Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. "Content" also includes Marks and Products and Services.
"Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
"Member" means an individual who has registered with the Site. Members choose a Member ID and a password.
"Member ID" means the e-mail address you use (with your password) to login to our Site.
"Marvel Travel" or "we" means Marvel Travel, Inc. and its subsidiaries and affiliates.
"Products and Services" means the airline travel, hotel accommodation, car rental, ground transportation, tours, theater tickets, attractions, travel insurance, and other items available through the Site.
"Provider" means Marvel Travel's licensors, suppliers, information providers, and travel and leisure service providers.
"Book" means to reserve.
The terms "Site," "Marks," "Content," and "Products and Services" do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party's Web site.
"Site" means this Web site and any respective subsites, together with the respective Content, Marks, Products and Services available from this Site and any subsites.
"Exclusive" offers are exclusive to Marvel Travel and its affiliated companies
2. Scope and Terms
Site
These Terms govern your use of all Content, Products or Services available through the Site. You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of Marvel Travel and its Providers.
Additional Terms
Additional terms, including Travel Services Terms and Conditions may apply when you Book Products or Services, or when you participate in sweepstakes, raffle, or other promotions. For example, airlines have contracts of carriage, hotels have cancellation policies, and sweepstakes are subject to rules. These additional terms are found in the area of the Site where you will Book a Product or Service, or where you will register for a sweepstakes.
You agree to abide by the terms and conditions of imposed by any Provider, including payment of all amounts when due, and compliance with all rules and restrictions regarding the availability of products or services.
There may be other terms, for example if we organize a promotion. You are responsible for reviewing the forms that you fill out when you Book Products or Services, or participate in sweepstakes, raffle or other promotions.
Age restriction
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use or Book the Products or Services available on the Site.
3. Use of the Site
License
Marvel Travel grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved.
Unless we have granted you permission in advance and in writing, you may use the Site only for your personal, non-commercial use, and not to provide services to a third party.
Other Limitations
Unless otherwise provided within these Terms, or unless specific applicable law requires Marvel Travel to allow you to do so, you may not do any of the following without the prior written consent of Marvel Travel:
Termination
Marvel Travel, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. Marvel Travel shall not be responsible to you to such suspension or termination.
Changes
Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that Marvel Travel shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance.
We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services. We may also modify these Terms.
4. Cancellation Policy
Note: ALL CANCELLATIONS MUST BE RECEIVED BY MARVEL TRAVEL IN WRITING. cancellation/s will be effective when the written notice is received at MARVEL TRAVEL’s offices in 10971 SW 40 Street MIAMI, FLORIDA 33165.
If a cancellation is received after MARVEL TRAVEL is in possession of the initial deposit, but MORE THAN 75 (SEVENTYFIVE) DAYS, the cancellation fee incurred will be $250 per person (a higher cancellation fee may apply to some tours). If cancellation is received between 75 and 45 days (or 89 - 45 days) prior to departure the fee incurred will be 25% of the entire tour price. If final payment has been received before 60 days (or 90 days) prior to departure, and cancellation occurs, the fee incurred will be 25% of the entire tour price. Cancellation/s received between 44 days and 30 days prior to departure will be charged a fee of 50% of the entire tour price. NO REFUNDS whatsoever will be made for cancellations received within the last 30 days prior to departure.
5. Services and Content
Availability
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
Content
The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding the service, amenities, products, etc. have been provided to us by the vendor. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site.
You should not take any action based on information on this Site until you have received a confirmation of your transaction. We send confirmations within 24 hours of your Booking. If you have not received a confirmation of your booking via e-mail, first look into your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact our customer service department. The Contact Information is provided below.
Viruses
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
International Travel
Although most travel, including travel to international destinations is completed without incident, travel to certain destinations may involve greater risks than others. We urge you to review and evaluate travel prohibitions, warning, announcements, and advisories issued by the government and the aviation administration before booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at public sites, such as www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, and www.customs.gov
By offering for sale travel to particular international destinations, Marvel Travel does not represent or warrant that travel to such point is advisable or without risk. Marvel Travel does not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such destinations.
6. Links to third party sites
Outbound Links
For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our site and entering another site. We are not responsible for such third party Web sites.
You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.
Inbound Links
We welcome links from a third party site to our Site, through a plain text link, provided that (a) you discontinue providing a link to our Site if so requested by Marvel Travel; (b) you do not imply in any fashion that Marvel Travel is endorsing any of your products or service or is affiliated with you, (c) you do not present Marvel Travel in a false light, or provide misleading or false information about Marvel Travel, or its Site or Services, (d) you do not remove or obscure the copyright notices, or other notices on this Site; (e) you do not use any Mark of Marvel Travel; and (f) you do not replicate, frame or mirror the content of the Site. We reserve the right to require you to remove links to the Site, in our sole discretion.
7. Intellectual Property
Ownership rights
This Site is the sole and exclusive property of Marvel Travel or its licensors. Marvel Travel and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction, or modification of this Site may violate such laws.
Trademarks
Marvel Travel, Marvel Travel, Inc. and all other Marks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of Marvel Travel and its Providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Marvel Travel or the relevant Provider, except as an integral party of any authorized copy of the Content.
Your Comments and Submissions
Any communications or materials you transmit to Marvel Travel, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant Marvel Travel, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.
8. Fees
Marvel Travel may charge a fee for the service it provides when you book or reserve travel services, or accommodations through the Site. Any such service fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of the Products and Services available from the Site.
9. Products and Suppliers
We sell a variety of travel related products from different suppliers and service providers ("Suppliers"). Each Supplier has its own terms and condition that are applicable to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them. Certain software and content found on our website are owned or licensed by us or our Suppliers, your use of which may be subject to further conditions. Our website, which is referred throughout this Agreement, can be found at www.marvelvactions.com.
Marvel Travel is acting as intermediary or a "Booking Agent" for products and services that are not directly supplied by us (e.g., air carriage and ground transportation, hotel accommodations, meals, tours, cruises, etc.). We are not a co-vendor of such products and services. You will be entering into a separate contract with such Suppliers in connection with such products and services.
All airlines tickets are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government. You may be charged additional sums by Marvel Travel to offset increased fees, fuel surcharges, taxes, and fluctuations in foreign exchange markets or any combination thereof. Acceptance of these terms and conditions hereby consent you to any post-purchase price increases and authorize Marvel Travel to charge my credit card for such additional amounts.
10. Disclaimer of Warranty
Marvel Travel and its Providers make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an "as is" basis. Marvel Travel and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that Marvel Travel is including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, MARVEL TRAVEL AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
11. Limitation of Liability
Subject to applicable law, use of this Site and its Content is at your sole risk. Services and Products made available on this Site are subject to conditions imposed by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through this Site are independent contractors, and not agents or employees of Marvel Travel.
IN NO EVENT WILL MARVEL TRAVEL OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF MARVEL TRAVEL AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, despite the limitation above, Marvel Travel or a Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then Marvel Travel and the Providers' liability will in no event exceed, in total, the sum of US$250.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
12. Indemnification
You agree to defend and indemnify Marvel Travel and any Provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against Marvel Travel as a result of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of our Site.
13. Travel Services Terms and Conditions
Reservations and bookings
You agree to abide by the terms and conditions of booking imposed by any supplier with whom you elect to deal. A supplier that is an air carrier is required to make available to the public the terms of its contract of carriage, and we make available the fare rules for all air carrier tickets before booking.
The circumvention of an air carrier's rules, including practices such as back-to-back ticketing (booking two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and hidden-city ticketing (booking tickets including segments which the booker does not intend to use in order to circumvent an air carrier's pricing structure), is prohibited by many air carriers. The use of prohibited ticketing practices may result in the air carrier taking actions including the cancellation of the ticket, denied boarding, revocation of frequent flier miles and other benefits, additional charges to the booker's credit card, additional charges collected at the airport, or future invoicing.
You are responsible for ensuring that your bookings abide by the terms and conditions of bookings imposed by any supplier with whom you elect to deal, including terms and conditions of booking set forth in an air carrier's fare rules or contract of carriage.
Neither Marvel Travel nor the FAA, nor any provider of air traffic data makes any promises or guarantees as to the accuracy, completeness, or adequacy of any delay or other air traffic management information on this site, and Marvel Travel and the FAA expressly disclaims liability for any errors and omissions.
14. Disputes
The laws of the State of Florida (USA), without regard to its conflict of law rules, will govern these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the state and federal courts located in Miami-Dade County, Florida (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees.
15. General
Your acceptance of these Terms, and your use of the Site do not create a joint venture, partnership, employment, or agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.
16. Provisions of these Terms and Conditions
Prior Terms and Conditions
These Terms supersede any prior Marvel Travel Terms and Conditions relating to the use of the Site that were displayed on this Site before the date stated above. Unless specifically provided, they do not supersede the Additional Terms for carriage, awards, attractions provided elsewhere in this Site.
Modifications
We may modify, revise or update these Terms and/'or the Privacy Policy, at any time, by updating this posting. You should visit this page from time to time to review the then-current Terms, because they are binding on you. Your continued use of our site, following the posting of conspicuous notice of any modification, will be subject to the Terms in effect at the time of your use. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
Written documents
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
Electronic Notification
To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.
17. Travel Documents and Destinations
It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies immediately. Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in the case of loss, theft, damage, etc.
Prior to booking international travel, we recommend that you review any U.S. Government’s prohibitions, warnings and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel in such destination is safe or without risk.
You further agree that in connection with your activities, you will not permit the use of our services or website by anyone that resides or is staying in a country for which such use is prohibited under U.S. regulations.
18. Passport, Visa and Immigration Requirements
It is your responsibility to fullfil the passport, visa and other immigration requirements applicable to your itinerary. You should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility in the case of you being unable to travel due to not complying with any such requirements.
You are also required to carry a valid International Student I.D., and International Youth I.D. or an International Teacher I.D. card if you are traveling on a special student/youth/teacher ticket. It is your responsibility to verify this with our travel expert who is assisting you.
19. Insurance
Travel insurance is a vital part of your arrangements. We strongly recommend that you have taken out adequate insurance for the duration of your journey. Travel insurance is a mandatory element of some travel arrangements. We may be able to arrange travel insurance to be provided to you, furnish you a quote, and answer any queries you may have regarding the insurance.
21. Claims for property rights and copyright law (DMCA)
It is Marvel Travel policy to respond to notices of copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office website: https://www.copyright.gov/). That means that if we receive such a notice for content of third party (External Services Provider, Independent services provider u other external parts ), we will remove or disable access to that content subject to applicable laws and make a good faith effort to give notice of the claimed infringement to the account holder.
It is the policy of Marvel Travel to respect the legitimate rights of copyright owners, their agents, and representatives. All users using the website required to respect the legal protections provided by applicable copyright law.
Marvel Travel is a local travel agency in Miami, Florida. All services provide outside of our location are supplied for third parties services providers. They provide all information travel information, text, photos, schedules and places to visit with their respective responsibilities. We believe in good faith that they comply with applicable international intellectual property law of USA. Please teak a look of our DMCA Policy at: https://marvelvacations.com/dmca-policy
22. Travel Advice and Vaccinations
U.S. Citizens should refer to the travel advice posted by the U.S. Department of State at travel.state.gov for all the countries you intend to visit. Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary.
23. Choice of law, place of jurisdiction
The law of the United States of America shall apply. This agreement and your use of the site is governed by, construed and enforced in accordance with the internal substantive laws of the state of Florida (notwithstanding the state's conflict of law’s provisions) applicable to contracts made, executed and wholly performed in Florida, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the state and federal courts situated in the state and county of Miami-Dade and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenient or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the uniform computer information transactions act. In any action or proceeding commenced to enforce any right or obligation of the parties under this agreement, your use of the site or with respect to the subject matter hereof, you hereby waive any right you may now have or hereafter possess to a trial by jury.
24. Contact Information
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by Marvel Travel, you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them. E-mail: [email protected]
Mailing address:
Customer Service, Marvel Travel, Inc.
10971 SW 40 Street
Miami, Florida 33165
Telephone: (305) 226-0909