Paint By Destination, LLC

Booking Terms and Conditions

Paint By Destination, LLC dba Paint By Destination is a travel company that focuses on cultivating artistic experiences for aspiring students with renowned artists in the most beautiful destinations around the world. The terms “we”, “us”, “our”, and “Paint By Destination” refer to Paint By Destination, LLC, a Texas limited liability company. The term “you”, “traveler” or “participant” refers to the traveler making a booking with us and all members of their group.

CONTRACT.

We draw your attention to the terms and conditions of travel below, these terms and conditions including all brochures, documents, correspondence and the terms and conditions of our suppliers form the basis of the contract with you (collectively, “Terms and Conditions”). Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (raising any questions you may have with us). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all of the Terms and Conditions laid out below and acknowledging that you have read the terms of this contract and agree with it.

If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms and Conditions with all travelers in their group.

You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct.

VIOLATIONS BY YOU.

You agree that any violation of any such Terms and Conditions may result in (a) the cancellation of your reservation, booking or purchase, (b) your forfeiture of any monies paid for your reservation, booking or purchase, and (c) you being denied access to the applicable travel related product or service.

CHANGES TO THESE TERMS AND CONDITIONS.

Paint By Destination reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will be posted here on this website and are effective immediately on posting. If we make material changes, we will notify you. Please check frequently, especially before you make a booking, to see if these Terms and Conditions changed. Your continued use of our services, including continuing to use or maintain any bookings after any changes to the Terms and Conditions constitutes your consent to the changes.

SCOPE/AGENCY.

Paint By Destination does not provide, own, manage, operate, supervise or control the travel services and products that are or may be provided as part of your trip, such as flights, accommodations, cruises, rental cars, packages, or travel insurance (the “Travel Products”). All Travel Products are owned, controlled, operated, or made available by vetted, independent third parties such as destination management companies, airlines, hotels, cruise lines, and tour operators (the “Suppliers”). The Suppliers are solely responsible for the Travel Products as well as any and all benefits, perks, or amenities, including without limitation, resort credits, on-board credits, free specialty dining, spa credits, in-room amenities, etc. The Supplier’s terms, conditions and privacy policies apply to your booking so you must agree to and understand those terms. Your interaction with any Supplier is at your own risk; Paint By Destination does not bear any responsibility should anything go wrong with your booking or during your travel. Hence, as the traveler, you agree that Paint By Destination acts only as agent for the traveler in acquiring transportation, hotel accommodations, cruises, sightseeing and other Travel Products, privileges or services for the travelers’ benefit, and on the express condition that Paint By Destination shall not be responsible for any act, omission, negligence, bankruptcy, insolvency or default of any Supplier, company or person engaged in or responsible for any Travel Products, or otherwise in connection therewith.

BOOKING/PAYMENT.

When you are ready to start your next art travel adventure simply contact us either by email, phone or by filling out the contact information on the website. Your booking will be confirmed on receipt of the completed registration form and payment of your applicable deposit (as more particularly described in your itinerary and below).

Deposit Structure

To secure your spot on the workshop, a deposit is required at the time of booking. The deposit is split into two parts:

• Workshop & Planning Deposit: A deposit (as stated in your specific itinerary) is due at checkout to secure your space onboard. Of this deposit, $750.00 USD is immediately and permanently NON-REFUNDABLE at the time of booking. This amount is retained by Paint By Destination regardless of when or why a cancellation occurs. The remaining balance of this deposit is fully refundable until 150 days prior to departure, subject to the cancellation terms below.

• Cruise Deposit & Fare Payments: Once you’ve completed the registration form, we will send you a direct link from the applicable cruise line to secure your cruise booking and select any excursions. All cruise fare deposits, final payments, payment deadlines, and cancellation terms are governed solely by the applicable cruise line’s terms and conditions, which are subject to change at the cruise line’s sole discretion. It is your sole responsibility to review, understand, and agree to the cruise line’s terms and conditions prior to booking. Paint By Destination is not responsible for communicating, tracking, or updating you on any changes to the cruise line’s payment schedules, cancellation windows, or refund policies. Payments made directly to the cruise line are tracked via invoices for your convenience.

Why two parts? This approach avoids unnecessary credit card fees, offers better price transparency, and allows you to manage all remaining payments directly through the cruise line’s portal at your convenience — whether you prefer to pay in full or in installments.

Non-painters shall not be charged the fee applicable to the guest artist’s workshop. Some suppliers will require a larger deposit, or payment in full, to hold your booking. You will be notified if a larger deposit is required. All deposits are NON-REFUNDABLE when received by us, except as expressly provided in your specific itinerary and in any event, subject to the terms and conditions of the applicable Supplier.

Our bookings do NOT include airfare, unless you request to separately book your air travel through us, and pay our NON-REFUNDABLE ticketing fee of $100.00 USD. You are solely responsible for acquiring air transportation and selecting your own airline. You must not make any air reservation until you receive confirmation of your booking. Your contract for airfare is with the air carrier and subject to its terms, conditions and policies and we will not be liable for any change fees or cancellation fees or other additional costs or expenses you incur in connection with the air carrier.

Upon booking, we will provide you with instructions of payments and all due dates. You must make all payments in full and on time. Deposits are due no later than 121 days prior to your applicable departure date. Failure to pay the deposit on time will result in the cancellation of your booking. If you are booking within 121 days of the departure date, full payment will be due at the time of booking confirmation. If full payment is not received 121 days prior to the departure date (regardless of when you booked), we reserve the right to cancel your travel and apply the cancellation charges set out in the cancellation section below.

After final payment for your trip is processed, you will receive your final itinerary and other important travel information. As our tours are carefully curated art workshop experiences for groups of participants, you are not entitled to request or make any changes to your itinerary. Please also note that all travelers, and not Paint by Destination, are responsible for bringing their own supplies and materials in connection with our painting workshops.

Please review all documents, including the cancellation policies and terms and conditions of the Suppliers, carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible of any corrections.

TRAVELER INFORMATION.

While we do not assist with air reservations, we bring to your attention the importance of accuracy. Names provided to secure reservations must match travelers’ passport. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.

CREDIT CARD BOOKINGS.

While we do accept major credit cards including Visa, Mastercard, American Express and Discover, travelers must provide to us a click (checkbox) or signed authorization for every transaction for your trip.

Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these Terms and Conditions including the cancellation terms. As such you agree not to make any improper chargebacks.

In certain cases, you have the ability to dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Paint By Destination retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper and we retain the right to investigate and rebut any such chargeback claims:

• Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.

• Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.

• Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.

• Chargebacks resulting from force majeure or other circumstances that are beyond the control of Paint By Destination or the Supplier.

• Chargebacks resulting because you do not agree with the cancellation policy.

PRICE AND RATE CHANGES.

The price of your itinerary will be based on known costs at the date of issue of the itinerary. All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for local taxes that are estimated at the date of publication. At the time of booking confirmation, we will provide you with an invoice reflecting the current price.

We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase, until we receive your final payment. Any increase to your travel price will be as the result of changes in our costs of supplying your travel resulting from changes by our suppliers, dues or taxes payable locally, currency fluctuations and government action. After final payment your price is locked in.

We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.

WHAT’S INCLUDED IN YOUR TRIP.

Cabin Accommodations

Accommodations in the cruise ship are provided as detailed in your itinerary. Special requests such as single occupancy rooms can be made at any time but will be considered an upgrade and will incur additional fees as more particularly described in your itinerary. While we will make reasonable efforts to communicate your requests to the Supplier, such requests are not guaranteed and are at the discretion of the Supplier.

Travelers should be aware that room sizes, standards and facilities can vary regionally and are often different from standards in the United States. Paint By Destination reserves the right, if necessary, to substitute other similar accommodations for accommodations listed on your itinerary.

Transfers

Paint By Destination is pleased to offer transfers (provided by our transportation Suppliers) strictly in accordance with your individual itinerary. Except as expressly provided in your itinerary, you are solely responsible for transfers to and from airports and all other locations/destinations. You must be on time for all transfers. There will be no refund for missed or unused transfers.

Meals

Meals are as expressly indicated in the itineraries. Special diets should be requested at the time of booking; however, it may not be possible for special diets to be catered to in some of the destinations we feature. Paint By Destination and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions.

Sightseeing/Activities

Sightseeing trips and activities are included as provided in the individual itineraries. These trips and activities are designed to accommodate individuals as well as groups. As a courtesy to others in the trip and/or activity, it is mandatory that you be on time for all scheduled experiences. Trips and activities will begin on time and failure to arrive will be considered a no-show for which no refunds will be available.

Changes to Itineraries

Paint By Destination reserves the right to make changes to its published itineraries which we deem insignificant and are due to reasons beyond our control. In such cases, we will arrange for the substitution of comparable services. These changes will not be considered a material change and will not be considered cause for cancellation by you.

WHAT’S NOT INCLUDED.

Any items and matters not referred to in your itinerary are not included in the trip price. This can include but is not limited to items such as international and domestic airfare, checked and/or excess baggage; passport and visa fees; trip protection and/or insurances of all kinds; gratuities if not listed on your itinerary; laundry; phone calls; minibar; beverages and meals not detailed in the itinerary; Optional Experiences; and all items of a personal nature.

NON-OPERATION OF GROUP TRIPS.

All trips are based on a minimum number of participants. Paint By Destination makes every effort to ensure that trips meet their minimum requirements. However, if the trip drops below the minimum number of participants cancellation of the trip may occur at the sole discretion of Paint By Destination. In such case, participants will be advised at least 14 days prior to departure. We may offer alternative trip dates or other travel arrangements. You may choose to accept these arrangements or to cancel your booking, in which case a full refund will be provided.

CANCELLATIONS.

As described above, Paint By Destination is required to pay all Suppliers well in advance of your trip date. All Suppliers have their own cancellation policies, which apply to your booking. Should a cancellation become necessary, please inform Paint By Destination immediately in writing to contact@paintbydestination.com and request a written confirmation of your cancellation, which must include writing stating clearly and correctly each participant’s name, ship name, start and end date of the cruise and a brief statement of the reason for cancellation. Cancellation requests received within 121 days of your departure date will be deemed as trip interruption, cannot be cancelled, and are 100% NON-REFUNDABLE. IMPORTANT: The cancellation schedule below applies exclusively to amounts collected directly by Paint By Destination. Cancellation terms for cruise fare payments made directly to the cruise line are governed exclusively by that cruise line’s own terms and conditions, which are subject to change. It is your sole responsibility to review, understand, and comply with the cruise line’s cancellation and refund policies. Paint By Destination assumes no responsibility for and makes no representations regarding the cruise line’s cancellation terms.

Summary of Refundability

• $750.00 USD of the Workshop & Planning Deposit: NON-REFUNDABLE at all times, regardless of when cancellation occurs.

• Remaining Workshop & Planning Deposit balance: Fully refundable if cancelled more than 150 days prior to departure. Non-refundable within 150 days of departure.

• Workshop Cancellation Fee: A $500.00 USD cancellation fee ($250 per person, based on double occupancy) applies if the workshop portion is cancelled less than 9 months prior to departure. This fee is in addition to any other non-refundable amounts and is intended to offset the cost of an unfilled workshop seat.

• Cruise Fare & Deposits (paid directly to cruise line): Governed exclusively by the applicable cruise line’s cancellation and refund policies. Paint By Destination has no control over and assumes no responsibility for those terms. You are solely responsible for reviewing and complying with the cruise line’s policies.

Cancellation Schedule

If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges. For this reason we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage.

Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.

Cancellation or Changes by Paint By Destination.

We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements. We may, in our sole discretion and without any obligation, offer travel vouchers, credits or refunds in accordance with the cancellation schedule above.

NO REFUND FOR UNUSED ARRANGEMENTS.

As Paint By Destination’s prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the trip is in progress, there is no refund for the unused portion.

FORCE MAJEURE.

Paint By Destination assumes no liability for any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, flood, tropical storms, riots or civil disturbances, sabotage, arrests, strikes or labor disruptions, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind, government seizures, or any other unforeseen circumstances that impact Paint By Destination’s ability to fulfill its contractual conditions. In circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our Suppliers we will refund these to you without any charge by Paint By Destination.

TRAVEL PROTECTION INSURANCE.

Travel insurance is required for all Paint By Destination travelers. While we do not make travel insurance a hard condition of booking, we consider it an essential part of trip preparation and strongly urge every traveler to obtain comprehensive coverage before departure. Given the non-refundable nature of portions of the deposits and the financial exposure involved in international travel, traveling without insurance is strongly discouraged. Travel protection plans can help protect travelers in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). Coverage also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections, and baggage loss.

Travel Protection Plans must be purchased in close conjunction with travel purchase and deposit date. You must provide proof of insurance by final payment, which is 121 days prior to the embarkation date.

Declining or failing to obtain adequate travel protection will likely result in the total loss of your travel investment if an unexpected event occurs. Paint By Destination will not be held liable for any losses, expenses, or disruptions that would otherwise have been covered by a travel protection plan. By proceeding without travel insurance, you acknowledge that you are assuming full financial risk for your booking and that Paint By Destination bears no responsibility for costs that adequate insurance would have covered. We strongly recommend a policy that includes trip cancellation, trip interruption, emergency medical coverage, medical evacuation, and cancel for any reason (CFAR) coverage.

DESTINATIONS AND DOCUMENTATION.

Paint By Destination urges Travelers 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. It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations.

NON-RESPONSIBILITY.

Paint By Destination, and its employees, shareholders, agents, and representatives use third party Suppliers to arrange trips, transportation, sightseeing, lodging, and all other services related to this trip. Paint By Destination is an independent contractor and is not an employee, agent, or representative of any of these Suppliers. Paint By Destination does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your trip. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each Supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither Paint By Destination, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any trip traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Paint By Destination.

ASSUMPTION OF RISK/WAIVER.

Traveler is aware that travel such area as traveler is undertaking on the trip may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements; your own negligence and/or the negligence of others; accidents or illness occurring in remote places where there are no available medical services; and the adequacy of medical attention once provided.

Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release Paint By Destination from any and all claims associated with the trip. This agreement also binds your heirs, legal representatives and assigns.

INDEMNIFICATION.

Traveler agrees to and shall indemnify and hold harmless Paint By Destination, and each of our officers, directors, employees and agents, from any expenses, losses, liabilities, damages, judgments, settlements and costs involved with or incurred by Paint By Destination (including, without limitation, reasonable attorneys’ fees) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation of this Agreement and (ii) any damage caused by traveler while participating in the trip.

YOUR BEHAVIOR.

Each traveler in any trip planned by Paint By Destination is expected to act responsibly and adhere to all behavior guidelines established by Paint By Destination and our Suppliers. Paint By Destination and all Suppliers reserve the right to remove you from any facility, hotel or resort property, trip location or means of transportation if your health or your conduct appears to endanger yourself or others, disrupts the general well-being of other individuals on any element of your trip, or interferes with the operation or security of the places we visit. In any such case, there will be no refund.

PHOTOGRAPHIC/VIDEO LIKENESS.

Traveler hereby gives consent and grants to Paint By Destination a royalty-free, perpetual, and irrevocable license to publish any photographs and/or videos of the trip or traveler in printed or electronic media without obtaining further consent and without compensation.

CLASS ACTION WAIVER/LIMITATION OF DAMAGES/NOTICE OF CLAIM.

You agree that you will only bring claims against Paint By Destination in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Paint By Destination shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Paint By Destination unless you have first provided a typewritten notice of claim to Paint By Destination within 30 days after the trip or cancellation of the trip.

GOVERNING LAW/VENUE/JURY WAIVER.

These Terms and Conditions and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Texas exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in the State of Texas.

ELECTRONIC COMMUNICATIONS.

You can expect us to check in with you via email and/or text message before, during, and after your trip to ensure everything runs smoothly. You consent to receive electronic communications and you agree that all documents, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

ENTIRE AGREEMENT & SEVERABILITY.

These Terms and Conditions, including any other documents, brochures, itineraries, and invoices we provide you, constitutes our entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Paint By Destination. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

CONTACT US.

Paint By Destination LLC welcomes your questions or comments about our itineraries:

Paint By Destination, LLC

5329 Saint Andrews Dr., Corpus Christi, Texas 78413

Email: contact@paintbydestination.com

Attn: Megan Kline