This document once signed by DANTIA LUXURY SEVICES and Customer shall constitute a legally binding contract between the parties, which shall be effective on the date that it is signed by the last party to sign it.
A. Trip, Experience Quote, Itinerary and Sub-Total - So long as Customer is in full compliance with this agreement, and applicable law, DANTIA LUXURY SEVICES, will operate the flight, yacht, ground transportation, entrance tickets and all services described on trip board set forth in the Experience Quote and Itinerary for the benefit of Customer, and Customer's designated passengers, on the dates and times set out on the itinerary, to the destinations set out in the itinerary, in the aircraft, yacht and/or ground transportation set out in the itinerary (or comparable aircraft, yacht and/or ground transportation, comparability to be determined by DANTIA LUXURY SEVICES, in its sole discretion) at the cost set forth on the itinerary (sub-total), plus any additional charges (additional charges) detailed therein (which, when combined shall be referred to as the total quote)
B. Cancellation Policy - Customer may cancel the services, but only subject to the conditions of this agreement. Should customer wish to cancel the flight, yacht and/or ground transportation it shall give DANTIA LUXURY SEVICES written notice which may be delivered by fax or e-mail at such addresses as may be designated verbally or in writing from time to time. If notice of cancellation is received by DANTIA LUXURY SEVICES at least 96 hours prior to the scheduled departure time, and the aircraft, yacht and/or ground transportation has not been repositioned to accommodate the flight, nautical or ground experience the trip may be cancelled without cost or penalty to the Customer. If the aircraft, yacht and/or ground transportation has been repositioned to accommodate the flight or yacht Customer will be charged and shall pay for any costs, including flight, yacht and/or ground time, of such reposition, or a minimum charge of 30% of the quoted amount, whichever is the higher regardless of when such notice of cancellation is received. If notice of cancellation is received by DANTIA LUXURY SEVICES more than 72 hours prior to the scheduled departure time, but less than 96 hours prior to the scheduled departure time, Customer will be charged and shall pay for one-half of the total quote. If notice of cancellation is received by DANTIA LUXURY SEVICES less than 72 hours prior to scheduled departure time, Customer will be charged and shall pay the entire total quote amount. ALL "ONE WAY" OR EMPTY LEG TRIPS (INCLUDING MULTI LEG ONE WAYS) ARE SUBJECT TO A 100% CANCELLATION PENALTY OF THE TOTAL QUOTED AMOUNT FROM THE TIME OF BOOKING. Customer hereby agrees to authorize DANTIA LUXURY SEVICES to charge, and collect from, any such amounts under this paragraph to the credit card utilized to secure the trip.
C. Travel Documents - Customer and its passengers shall be solely responsible for having in their possession all required travel documents for all flights, including passports and visas. Customer shall cause all the passengers to display their government issued photographic identification to a member of the flight and/or yacht crew before boarding, and at any other time so requested by DANTIA LUXURY SEVICES.
D. Passenger Behavior and Customer Responsibility - Customer shall instruct its passengers to act in a reasonable and responsible manner at all times while aboard the aircraft, yacht and/or vehicle and to comply with the directives and instructions of the flight and/or yacht crew. Customer shall be liable for any damage caused by Customer or any of its passengers to the aircraft and/or yacht. Customer shall advise all passengers of the terms and conditions of this agreement. Passengers accept the terms and conditions of this agreement and agree to be bound by them by traveling in any DANTIA LUXURY SEVICES aircraft, yacht and/or vehicle. DANTIA LUXURY SEVICES reserves the right to discontinue the flight or segment of a flight and or nautical experience if passenger behavior warrants such interruption. Any such decision to interrupt shall not be grounds for Customer refusing to pay DANTIA LUXURY SEVICES and all previously agreed to total quote amount shall be due and payable as outlined in such document or documents.
E. Liability - Customer and its passengers acknowledge that air, nautical and ground travel involves certain risks. Accordingly, DANTIA LUXURY SEVICES shall not be liable to Customer, Client, or any passenger, for injury to or death of, any person or for any damage to or loss of any property, including but not limited to pain and suffering and loss of time, unless such injury, damage, or death is the direct result of negligence of DANTIA LUXURY SEVICES .
F. Jurisdiction, Venue and Choice of Law - The sole forum for resolution of any disputes between the parties to this agreement, or any passengers or clients of Customer, shall be in a court of competent jurisdiction in Cancun, Quintana Roo, Mexico. This agreement shall be governed by Mexico Law, without regard to any conflict of law’s provisions.
G. Attorney's Fees - In the event that it is necessary for DANTIA LUXURY SEVICES to bring any action to collect any monies due hereunder it shall be entitled to recover all attorney's fees that it incurs in doing so, including fees on appeal or in bankruptcy.
H. Payments - All monies due DANTIA LUXURY SEVICES are due without offset or reduction. Any monies not paid shall bear interest at the highest rate allowable by law. Time is of the essence regarding all payments required bear interest at the highest rate allowable by law. Time is of the essence regarding all payments required hereunder. All payments called for hereunder are due in SM 44, Mz 4, lote 17, Fraccionamiento Residencial Alborada, Benito Juárez, Cancun, Quintana Roo, Mexico ZIP 77500, or such other address as DANTIA LUXURY SEVICES may designate in writing. MEXICAN PESOS ACCOUNT BANK: SCOTIABANK ACC. NO. TBD (if needed) Payment with credit card and/or PayPal is subject to a 5% administration fee
I. Guarantee - The person signing this agreement on behalf of Customer agrees to personally and unconditionally guarantee payment of all monies due DANTIA LUXURY SEVICES hereunder, including attorney’s fees.
J. Credit Card Guarantee - Any payment secured by credit card may be charged by DANTIA LUXURY SEVICES and is hereby specifically authorized if payment of total quote amount is not made within the payment term of any document or documents pertaining to the flight and/or nautical and ground itinerary. Customer is responsible to pay and DANTIA LUXURY SEVICES is authorized to process any credit card guarantee and collect total quote funds due. Additionally, Customer warrants to pay any late and processing fees assessed by DANTIA LUXURY SEVICES as outlined in any document or documents pertaining to the flight and/or itinerary.
K. Entire Agreement - This contract represents the entire agreement between these parties concerning the subject matter of this agreement. Any prior discussion, negotiations or representations are merged into this agreement. It may not be modified unless it is in writing and signed by the party to be charged with the modification.
L. Waiver - If DANTIA LUXURY SEVICES waives any provision of this agreement, it shall not be a waiver of any other provision of this agreement, or a waiver of Customer's obligations to comply with those provisions in the future.