TERMS & CONDITIONS
Martha King Travel, LLC is an independent contractor and affiliate of Park Avenue
Travel, Inc. dab Avenue Two Travel. As such, all travel arrangements made are subject
to the following terms and conditions:
CONSENT TO TERMS AND CONDITIONS. Access to and use of the services of
Martha King Travel, LLC. Dba Martha King Travel (“Martha King Travel” and/or “our”)
and our website is subject to acceptance of these terms and conditions (“Terms and
Conditions”). By accessing, using or obtaining any content, products, or services
through our offices or through our website, you, the purchaser and/or traveler
(“Customer” and “passenger” and “you/your”) agree to be bound by these terms.
PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. If
you do not accept all of these terms, then please do not use our services or our
websites. These Terms and Conditions govern the relationship between Martha King
Travel and you, the Customer. These terms restrict your rights and remedies and
provide protection to Martha King Travel, including warranty disclaimers and liability
exclusions. By using Martha King Travel services and this website you acknowledge
and agree (a) this is a fair balance because this website is accessible by you
conveniently and at no charge to access the website; and (b) if you do not agree or do
not accept these Terms and Conditions, you can easily choose to not use this website
or Martha King Travel on services. So, if anything is in these Terms and Conditions,
including warranty disclaimers and liability exclusions, that you disagree with or are not
willing to be bound by, or if something is missing from these Terms and Conditions that
you consider essential, then you must not use this website. IF THERE IS ANY PART
OF THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, PLEASE DO
NOT USE THIS WEBSITE OR MARTHA KING TRAVEL SERVICES. No alterations to
these terms and conditions may be made by any Martha King Travel employee, advisor,
representative or agent, unless in writing by an authorized officer of Martha King Travel.
TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION
REQUIREMENTS.It is the responsibility of each Customer to obtain and carry a valid
passport, visa(s), and all other documents required by applicable government
regulations. When travelling domestically or internationally, the U.S. Transportation
Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise
that everyone carry at least two forms of acceptable identification in order to board a
flight found http://www.tsa.gov/traveler-information/acceptable-ids. Examples: DHSdesignated
enhanced driver’s license, USA Passport, a foreign government passport.
The name, date of birth and gender that appears on the identification card must exactly
match the same such data that is listed on airline ticket(s) and booking records. Martha
King Travel strongly recommends that you take into account that certain countries will
not admit a passenger, if their passport expires within six (6) months of the date of
entry. Non-United States citizens may require additional documentation. Children and
infants also require all such travel documents. Minors traveling with one parent, and/or
without both parents, may be stopped and not admitted, unless authenticated and
verified consent forms are provided to the authorities, please
see https://help.cbp.gov/app/answers/detail/a_id/268/kw/travel. The U.S. Customs and
Border Protection Agency requires that for USA child groups under age 19 arriving by
land or sea from contiguous territory and traveling with a school group, religious group,
social or cultural organization, or sports team, may also present an original or copy of
his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization
Certificate. Parental or legal guardian consent must be provided to the supervising
adult/Group Leader. You acknowledge any failure to strictly comply with these
requirements may result in denied boarding or an undue delay at an airport security
checkpoint causing Customer to miss flight(s), and subsequent scheduled travel
bookings on cruises and tours. Check each supplier’s website to ensure you and all
members in your travel group or party obtain and carry travel documentation required.
INDIVIDUAL ENTRY AND EXIT REQUIREMENTS. Each foreign country holds different
views of past criminal offenses, whether within or outside of their boundaries. If you
have a current or past offense, and you are unsure how the country you are traveling to
(or through) views that offense, please contact that country directly for entry and exit
requirements. Martha King Travel neither controls nor warrants the issuance of visas
related to applicable travel. It is Customer’s responsibility to verify that all the visas
required for your trip have been obtained, that the visas for each country are valid for
the entry and exit dates of your visit, that your personal details are accurately reflected
and that your passport is valid for at least six months beyond the completion date of
your trip. Please note that even when a visa is issued, a traveler may be denied entry
since each country’s local immigration officials make the final entry decision. Several
factors including past criminal record may contribute to the decision of the local
immigration official(s). Should a visa not be issued, Martha King Travel is not
responsible for lost payments made toward the contemplated trip. We feel it is an
invasion of privacy for any member of our staff to make such an inquiry. For example, if
traveling to or through Canada, Americans with a Driving While Intoxicated (DWI) record
should always check whether current rules exclude admission, and potential waivers.
(See: http://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp)
RISKS/SAFETY. Travel to certain destinations may involve greater risk than others.
Martha King Travel urges customers to remain informed on a daily basis as to current
news, as well as to review travel prohibitions, warnings, announcements and advisories
issued by the United States Government prior to booking travel to international
destinations. Information on conditions in various countries and the level of risk
associated with travel to particular international destinations can be found
at http://www.state.gov,http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov,http://
www.cdc.gov, and http://www.cbp.gov The Smart Traveler Enrollment Program (STEP)
is a free service provided by the U.S. Government to U.S. citizens who are traveling to,
or living in, a foreign country. STEP allows you to enter information about your
upcoming trip abroad so that the Department of State can better assist you in an
emergency. Registration is recommended and provided by going
to https://step.state.gov/step/
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, MARTHA
KING TRAVEL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH
POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR
COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH
DESTINATIONS. CUSTOMER’S PARTICIPATION CONSITUTES ACCEPTANCE OF
SUCH EVENTS AT CUSTOMER’S OWN RISK.
USE OF MARTHA KING TRAVEL ACCESS AND INFORMATION FOR TRAVEL
BOOKINGS. You warrant that you are at least 18 years of age and possess the legal
authority to enter into this agreement and to make travel bookings with Martha King
Travel by any means, including our website in accordance with all terms and conditions
herein. You agree to be financially responsible for all of your travel bookings (as well as
for use of your account by others, including, without limitation, minors living with you).
You agree to supervise all usage of Martha King Travel communications by minors
under your name or account. You also warrant that all information supplied by you or
members of your household transacting business with Martha King Travel is true and
accurate. Without limitation, any speculative, false, or fraudulent reservation or any
reservation in anticipation of demand is prohibited. You agree that the travel services
reservations facilities provided by Martha King Travel shall be used only to make
legitimate reservations or purchases for you or for another person for whom you are
legally authorized to act.
Separate supplier terms and conditions will apply to your reservation and purchase of
travel-related goods and services that you select. You agree to abide by the terms and
conditions of purchase imposed by Martha King Travel and any supplier with whom you
elect to deal, or with whom Martha King Travel deals on your behalf, including but not
limited to, payment of all amounts when due and compliance with the supplier’s rules
and restrictions regarding availability and use of fares, products, or services. You
understand that any violation of any such supplier’s conditions of purchase may result in
cancellation of your reservation(s) or purchase, in your being denied access to any
flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such
reservation(s) or purchase, and in Martha King Travel debiting your account for any
costs Martha King Travel incurs as a result of such violation. You shall be completely
responsible for all charges, fees, duties, taxes, and assessments arising out of your
travel bookings through Martha King Travel.
Customer authorizes Martha King Travel to book on third party travel booking sites to
fulfill Customer’s travel requests. Customer ratifies Martha King Travel’s actions on
Customer’s behalf, including acceptance of such third party’s terms and conditions,
which limit Customer’s rights, and Customer agrees to bound by such actions.
In the event of any inconsistency or ambiguity of terms, Martha King Travel shall benefit
from the most favorable term(s) in each instance.
PAYMENTS AND CANCELLATION. Martha King Travel reserves the right to charge
15% of the total trip cost for any booking canceled, changed or rebooked after
deposit. Martha King Travel also reserves the right to charge 10% of the total trip cost
for any hotel booking canceled, changed or rebooked after booking. Final payment is
due prior to departure according to each supplier’s (airline, hotel, cruise line, transfer
company, sightseeing operators, and other travel service vendors) terms and conditions
involved in your travel booking. If final and full payment is not received by the applicable
due date, reservations are subject to cancellation and deposits shall be forfeited. In
some cases there is NO REFUND once a booking is made and paid for. Your right to a
refund if you change or cancel your travel plans is limited. All cancellation requests must
be sent to Martha King in writing. As a result of cancellation, Martha King Travel’s and
third party supplier’s cancellation penalties will apply, which are detailed in your travel
documentation, this website, and each of the supplier’s website. Cancellation penalties
are advised at time of booking and provided to you upon confirmation. If you have any
questions, or any penalties are unclear, please contact your Martha King Travel advisor.
All cancellation fees will be charged to the credit card you authorized to pay for travel
services, or deducted from the supplier’s refund.
AIR, CHECK-IN, SCHEDULE RECONFIRMATION. UNLESS SET FORTH IN
WRITING, AIRLINE RESERVATIONS ARE NOT INCLUDED IN YOUR TRAVEL
PLANS. In such event, it is the Customer’s responsibility to make appropriate air
arrangements, as well as transportation to and from the destination where the travel
booking originates and returns. Martha King Travel shall not assume any responsibility
for any air and/or ground schedule changes. In rare instances, upon departure from a
country, certain departure taxes must be paid in cash only, and may vary in price. Due
to enhanced security, it is strongly recommended that you check in a minimum of 2
hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled
departure time for international flights. Reconfirm flight times at least 24 hours prior to
scheduled departure time for domestic flights, and 72 hours prior for international flights.
Failure to use a reservation may result in automatic cancelation of all continuing and
return flights, as well as forfeiture of airfares.
LATE BOOKINGS. Prospective customers are advised to reserve early to avoid
disappointment and additional late booking fees.
NO REFUND FOR UNUSED ARRANGEMENTS. As Martha King Travel’s prices are
oftentimes based on contract rates, there will not be any refund for any unused portion
of a travel booking. Some group tours are based on minimum numbers of passengers
traveling; if the number of passengers falls below the minimum required, a surcharge
may be imposed or the tour canceled.
CURRENCY FLUCTUATIONS. Currency exchange rates fluctuate. Prices are subject
to change based upon currency exchange rate fluctuations, provided actual variations
have occurred.
ALTERATIONS TO CONFIRMED BOOKINGS. If you decide to change any portion of
your confirmed arrangements prior to departure or during your trip, we will attempt to
assist you at our applicable administrative charge, depending upon circumstances of
the request.
HEALTH/SECURITY/TRAVEL DOCUMENTATION REQUIREMENTS. Each Customer
is responsible to make absolutely certain to have the proper immunizations and required
documentation of such immunizations before travel, and to make the necessary
accommodation for security rules imposed by government authorities. Martha King
Travel shall not assume responsibility for the accuracy of health requirements or
vaccination and/or documentation prior to departure or upon landing at the final
destination. See your health practitioner for advice. Prior to travel, required inoculations,
if any, must be recorded by Customer’s health practitioner on a valid vaccination
certificate, which the Customer must carry for proof of inoculation where required. If you
are concerned about taking any medications or receiving certain inoculations, check
with your health practitioner BEFORE booking. Check the USA State Department
Website http://travel.state.gov, for relevant information relating to travel to specific
destinations, and the USA Centers for Disease
Control http://wwwnc.cdc.gov/travel/relating to health issues. For further information
relating to security, safety issues, crime, the need for travel documentation (such as
passports, visas, proof of health/vaccination certificates), health hazards, and other
restrictions regarding travel to your domestic and/or international destination(s), and reentry
into the United States
visit http://www.tsa.gov,http://www.dot.gov, http://www.faa.gov.us, http://www.ustreas.go
v, http://www.cbp.govon a regular basis for information regarding incidence of disease,
terrorism, safety issues, crime, the need for travel documentation (such as passports,
visas, proof of health/vaccination certificates), health hazards, and other restrictions
regarding travel to your domestic and/or international destination(s), and re-entry into
the United States especially your embassy and http://www.uscis.gov/for non-USA
citizens. (Customer is responsible to make Martha King Travel aware when traveling on
a passport from a country other than the USA.)
HAZARDOUS MATERIALS. USA federal law prohibits passengers from bringing
hazardous materials on the aircraft. (1) USA federal law forbids the carriage of
hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s
person. A violation can result in five years’ imprisonment and penalties of $250,000 or
more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases,
flammable liquids and solids, oxidizers, poisons, corrosives and radio- active materials.
Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals.
(2) There are special exceptions for small quantities (up to 70 ounces
total) of medicinal and toilet articles carried in the passenger’s luggage and certain
smoking materials carried on the passenger’s person. For further information, each
passenger should contact the relevant air line representative(s) on their itinerary.
Restrictions on hazardous materials are listed http://www.tsa.gov/travelerinformation/
prohibited-itemsand http://www.faa.gov/about/initiatives/hazmat_safety/
INSECTICIDE NOTICE. All passengers are referred to always check the list of countries
that require airlines to treat the passenger cabin with insecticides prior to the flight or
while on the aircraft on the DOT’s website, as this list is updated from time to
time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements
E-TICKETS. E-tickets expire a year from issue date unless carrier fare rules in
passenger’s itinerary fare provide otherwise.
LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE. Martha King Travel acts
solely as a booking agent for disclosed principal supplier cruise lines, hotels, airlines, air
charters, bus companies, ground transportation, boat purveyors or owners, and other
independent contractors providing accommodations, transportation, and/or other
services (“supplier(s)”), and is not the source or provider of the travel services. Each of
these supplier companies is an independent entity with its own management, and is not
subject to the control of Martha King Travel. Customer is advised that the suppliers
whose names appear in travel documentation are those actually responsible for
providing the travel services purchased, and consents to the use of those suppliers, and
understands and agrees each supplier’s Terms and Conditions are contained in printed
form and are set forth on their respective websites, which govern the transaction. All
bookings are accepted by Martha King Travel as agent for the disclosed travel suppliers
on your itinerary. The transportation, accommodations and other services provided by
the identified sea, ground, and air operator suppliers offered are subject to the terms
and conditions contained in the tickets, exchange orders or vouchers issued by them
and/or their suppliers, including Terms and Conditions on their respective websites.
BECAUSE MARTHA KING TRAVEL ACTS AS AGENT FOR DISCLOSED PRINCIPAL
SUPPLIERS, AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS
OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE MARTHA
KING TRAVEL IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY
DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. MARTHA KING TRAVEL
HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY
FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR
INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES
PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH MARTHA KING
TRAVEL’S OFFICE OR THROUGH THIS WEBSITE, INCLUDING WITHOUT
LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS,
ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH
THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF
SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES,
AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT
LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE
DELIVERY OF SERVICES, FUEL INCREASES, AND OTHER MATTERS OUTSIDE
OF MARTHA KING TRAVEL’S CONTROL, AND YOU HEREBY EXONERATE
MARTHA KING TRAVEL FROM ANY LIABILITY WITH RESPECT TO THE SAME.
The Americans with Disabilities Act (“ADA”) is only applicable within the United States,
and facilities for disabled individuals are limited outside its borders. A qualified and
physically able companion must accompany travelers who need such assistance.
Motorized scooters are unsuitable for many trips. Transportation services, including
many tour motor coaches, are not equipped with wheelchair ramps.
Martha King Travel will make every effort to honor the price as originally quoted,
however; under certain circumstances additional costs by a supplier or government may
be imposed due to an increase in the cost for one or more of the travel
components. Prior to full payment, prices including US air transactions or air tours (in,
to, or from the US) could increase for certain travel services, including the following: a
seat, carriage of passenger baggage, applicable fuel surcharge, or an increase in a
government imposed tax or fee. US air transaction or air tour prices will not
increase after making full payment, except for charges resulting from government
imposed taxes or fees. Certain suppliers reserve the right to increase prices to cover
increased costs, fuel surcharges, tariffs and taxes, and to reflect fluctuations in foreign
exchange markets. Customer expressly acknowledges acceptance of these conditions
applicable to purchase and authorizes Martha King Travel to charge Customer’s credit
card for such additional amounts. This consent applies to all travel arranged by Martha
King Travel for Customer, and may be revoked at any time with respect to future travel
for which Customer has not yet made payment. Five (5) years following the date of
Customer’s last travel booking, this consent expires.
Weather conditions, including but not limited to the presence or absence of snow,
sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside
of Martha King Travel’s control. Volcanic eruptions, ash clouds, and wind may be
characterized as an adverse weather condition or a natural disaster by suppliers and
your travel insurance company, which is beyond the control of Martha King Travel.
Martha King Travel reserves the right to cancel any itinerary or any part of it, to make
such alterations in the itinerary as it deems necessary, and to refuse to accept or to
retain as a member any person of any tour at any time. Martha King Travel shall not
assume any responsibility for any air and/or ground schedule changes.
MARTHA KING TRAVEL HAS SOLELY RECEIVED COMMISSION AND FEES FOR
TRAVEL TRANSACTIONS AND CUSTOMER AGREES AND UNDERSTANDS THAT
ANY RECOVERY FROM MARTHA KING TRAVEL WILL BE LIMITED TO THE
COMMISSION AND FEES PAID BY CUSTOMER AND ACTUALLY RECEIVED BY
MARTHA KING TRAVEL IN THE PAST TWELVE MONTHS PRIOR TO THE ACTION
GIVING RISE TO THE LIABILITY.
FORCE MAJEURE. “Force Majeure” means, in relation to Martha King Travel, any
circumstances beyond the reasonable control of Martha King Travel, (including, but
without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident,
war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection,
riots, strikes, civil disturbance, requisition, sickness, quarantine, government
intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or
other untoward occurrences).
Martha King Travel l shall not be deemed to be in breach of these Terms and
Conditions or otherwise be liable to you, by reason of delay in performance, or by nonperformance,
of any of its obligations hereunder to the extent that any such delay or
non-performance is due to any Force Majeure.
If Martha King Travel, and/or any of its travel suppliers, are affected by Force Majeure,
they shall be entitled to, and may in their sole and absolute discretion, vary or cancel
any itinerary or arrangement in relation to your trip. Payment of any refund by Martha
King Travel to you as a result of the non-performance of any obligations hereunder shall
remain in its sole and absolute discretion, although Martha King Travel shall use its
reasonable efforts to reimburse you where possible. However, Martha King Travel shall
be entitled to deduct from any refund recoverable the reasonable actual and potential
costs to Martha King Travel of the Force Majeure and applicable cancellation fees.
Regarding civil unrest, once Martha King Travel has investigated the prevailing
situation, as it deems fit, it shall remain in Martha King Travel’s sole and absolute
discretion whether to proceed with your trip. You may in such circumstances cancel the
trip subject to Martha King Travel’s and each supplier’s terms and conditions.
TRAVEL INSURANCE. MARTHA KING TRAVEL OFFERS ACCESS TO MANY
OPTIONAL PRODUCTS AND SERVICES TO ENHANCE EVERY TRAVEL
EXPERIENCE. OPTIONS SUCH AS TRAVEL INSURANCE PROTECT PASSENGERS
AND THEIR INVESTMENT. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE
IS NOT INCLUDED IN THE COST OF CUSTOMER’S ITINERARY TO PROTECT
AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION,
DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION,
MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION,
BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY,
ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL
DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES,
AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS
IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, Customer
understands and agrees that if Customer cancels or interrupts Customer’s travel for any
reason, portions of the trip/tour may not be refunded and Martha King Travel’s and
travel suppliers cancellation penalties will apply resulting in the loss of monies up to the
full cost of Customer’s travel booking and related costs. The purchase of travel
insurance is not required in order to purchase any other product or service offered by
Martha King Travel. Employees of Martha King Travel are not qualified or authorized to:
answer technical questions about benefits, exclusions, and conditions of any of the
insurance offered, nor evaluate the adequacy of the prospective insured’s existing
insurance coverage. An additional charge applies for travel insurance selected.
ALTERATIONS IN TRAVEL PLANS. Alterations in itinerary may be necessitated for any
number of reasons, including but not limited to severe weather at the sole discretion of
Martha King Travel and subject to each supplier’s terms and conditions. If a property,
supplier, activity, or area is deleted for any reason, it may be replaced with a
comparable one.
PHOTOGRAPHS/VIDEOS. Martha King Travel reserves the right to use any
photograph/video taken at any event or during any travel activity, without the express
written permission of those included within the photograph/video. Martha Kign Travel
may use the photograph/video in publications or other media material produced, used or
contracted by Martha King Travel, including but not limited to: brochures, invitations,
books, newspapers, magazines, television, websites, etc. Any person desiring not to
have their photo taken or distributed must contact info@marthakingtravel.com in writing
of his/her intentions and include a photograph.
NO COPYING OR EDITING. No material from this website may be modified, copied,
reproduced, republished, downloaded, posted, displayed, transmitted, performed,
licensed, used to make a derivative work, transferred, sold or distributed in any way,
without our prior written consent. You may not frame or mirror any material on this
website on any other server or other location. Unauthorized use of any such material on
any other website or computer environment or elsewhere is prohibited.
PRIVACY POLICY. At all times your information will be treated in accordance with
Martha King Travel Privacy Policy, which is incorporated by reference into this
Agreement.
RESERVATION OF RIGHTS: CHANGES TO THESE TERMS. We reserve the right, in
our sole discretion, to change these Terms at any time. Updated versions of the Terms
will be posted here on this website and are effective immediately on posting. Please
check frequently, especially before you use this website, to see if these Terms changed.
Use of the website after any changes to the Terms constitutes your consent to the
changes.
ACCESS TO PASSWORD PROTECTED/SECURED AREAS. Access to and use of
password protected and/or secure areas of this website is restricted to authorized users
only. Unauthorized individuals attempting to access these areas of this website may be
subject to prosecution.
RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY. We reserve
the right to correct errors and offers are subject to availability.
If any part of these Terms and Conditions is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein)
constitute the entire agreement between the Customer and Martha King Travel with
respect to travel bookings made with Martha King Travel by any means accessing such
information, including its website, and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written. A printed version of
this agreement and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to these Terms and Conditions to
the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
COMMENT POSTINGS. You are solely responsible for your own comments, the
consequences of posting those comments, and the consequences of any reliance by
you on the comments of others. By submitting your comment, you hereby give Martha
King Travel the right, but not the obligation, to post, edit, exhibit, webcast, re-use,
publish, reproduce, use, license, print, distribute or otherwise use your comment(s) and
accompanying personal identifying and other information you provide via all forms of
media now known or hereafter devised, worldwide, in perpetuity. Martha King Travel
has no responsibility for the content of any messages, information or materials
uploaded, posted, distributed, or transmitted by anyone who
uses www.marthakingtravel.com or other websites owned and operated by Martha King
Travel. However, Martha King Travel retains the right, but not the obligation, in its sole
discretion, to monitor, review, edit, delete or refuse to post any third-party content that
Martha King Travel, in its sole discretion, deems to be objectionable, in violation of
these Terms and Conditions, or for any other reason or no reason. Martha King Travel
reserves the right to disclose any information as necessary to satisfy any law, regulation
or governmental request.
The content of the website www.marthakingtravel.com or other sites owned and
operated by Martha King Travel, includes without limitation, copyrighted materials,
trademarks and other proprietary information, text, software, photos, video, audiovisual
recordings, graphics, music and sound. The entire contents of the
website www.marthakingtravel.com or other sites owned and operated by Martha King
Travel are copyrighted as a collective work under the United States copyright laws
and/or similar laws of other jurisdictions. Martha King Travel owns a copyright in the
selection, coordination, arrangement and enhancement of such content, as well as in
the content original to Martha King Travel. Third-party content providers own the
copyright in content that is original to them.
E-MAIL UPDATES. Martha King Travel may provide e-mail news service or other
prompts to new content available. Your use of such content received through the e-mail
news service will be subject to these Terms and Conditions.
ADDITIONS AND CHANGES. You agree to review these Terms and Conditions on a
regular basis to be aware of Changes (as defined herein) and any notices we may send
to you. Martha King Travel has the right, at any time, to: (a) add, change or discontinue
any aspect or feature of this website and any other data, including, but not limited to,
content, availability and equipment needed for access or use; (b) impose, change or
modify its Terms and Conditions applicable to your use of the this website, subscription
services, or any part thereof; and/or impose, change or modify the terms and conditions
of these Terms and Conditions (“Changes”). Such Changes shall be effective
immediately upon notice by posting the Changes on Martha King Travel’s website or by
any other method of notice it deems appropriate.
FOR YOUR INFORMATION.USE OF THIS SITE IS AT YOUR OWN RISK. THE
CONTENT IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, EXPRESS OR
IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL ELEMENTS. WE DO NOT WARRANT OR MAKE
ANY REPRESENTATION REGARDING ANY USE OF THE CONTENT OR
ACCURACY. WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU
ASSUME THE ENTIRE COST OF ANY LOSS OR DAMAGE ARISING FROM THE
USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTY THAT YOUR USE
OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS. WE ASSUME
NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information on this site is current only as of the date it is posted.
SECURITY AND PRIVACY. Any passwords used for registration on this site are for
individual use only. You may not share your password with anyone. You are solely
responsible for the security of your password and any use of the services by anyone
else with whom you share your password. We may monitor your password and, at our
discretion, require you to change it. If you use a password that we consider insecure,
we may require it to be changed or we may end your account.
If you become involved in any violation of system security, we reserve the right to
release your details to system administrators at other sites in order to assist them in
resolving security incidents. We reserve the right to investigate all suspected violations
of these Terms and Conditions.
We reserve the right to fully cooperate with any law enforcement authorities or court
order requesting disclosure of the identity of anyone posting any e-mail messages, or
publishing or otherwise making available any materials that are believed to violate these
Terms and Conditions. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD
HARMLESS MARTHA KING TRAVEL FROM ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY MARTHA KING TRAVEL DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER MARTHA KING TRAVEL OR LAW ENFORCEMENT
AUTHORITIES.
You hereby certify that you are at least 18 years old. If you are under 18, please do not
use www.marthakingtravel.com or any of our other services. We do not knowingly
collect any personally identifiable information from any person under 18 years old.
GOVERNING LAW. These Terms and Conditions will be governed and interpreted
pursuant to the laws of the State of Tennessee, notwithstanding any conflicts of law.
You specifically consent to personal jurisdiction in Tennessee in connection with any
dispute between you and us. The parties to these Terms and Conditions each agree
that, the exclusive venue for any dispute between the parties arising out of or relating to
Martha King Travel or these Terms and Conditions will be in the state and federal courts
in Hamilton County, Chattanooga, Tennessee; provided that Martha King Travel may
elect to bring an action against you in any applicable jurisdiction if you fail to submit to
jurisdiction and venue in Chattanooga, Tennessee, or to enforce any award or order.
You irrevocably waive any rights to bring or participate in any class action related in any
way hereto. If any part of these Terms and Conditions is unlawful, void, or
unenforceable, that part will be deemed severable and will not affect the validity or
enforceability of any remaining provisions. Use of the Martha King Travel website is
unauthorized in any jurisdiction that does not give effect to all provisions of these Terms
and Conditions, including, without limitation, this paragraph. These Terms and
Conditions constitute the entire agreement relating to this subject matter.
Notwithstanding the foregoing, any additional terms and conditions on this site will
govern the items to which they apply. We may revise these Terms and Conditions at
any time.
REGISTERED TRADEMARK NOTICES. Martha King Travel, MKT,
marthakingtravel.com, the Martha King Travel design are either registered trademarks
or trademarks of Martha King Travel Travel LLC in the U.S. and other countries. Martha
King Travel, LLC is not responsible for content on websites operated by parties other
than Martha King Travel, LLC. If you are aware of an infringement of our brand, please
let us know by e-mailing us at info@marthakingtravel.com.
The information and images contained on this website, including downloadable files, are
protected by copyright. Apart from any fair dealing for the purpose of private study,
research, criticism or review, as permitted under the Copyright Act 1968, no part may be
reproduced or reused for any other purpose without due acknowledgement and
advance permission of the copyright holder.
The content on this website is provided for information purposes only. While every effort
has been made to ensure the accuracy and completeness of this information, Martha
King Travel makes no guarantee and accepts no responsibility for any errors or
omissions it may contain. This website also offers links to other Internet sites which are
outside of Martha King Travel’s control. It is the responsibility of users to make their own
decisions about the accuracy, reliability, and correctness of information contained on
these sites.