1. Our Agreement With You

Products and Suppliers

We sell travel-related products from suppliers and service providers (“Suppliers”). Each Supplier has its terms and condition that apply to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them. Specific software and content found on our website are owned or licensed by us or our Suppliers, your use of which may be subject to additional conditions. Our website, which is referred to throughout this Agreement, can be found at www.splashyyyvacations.com

SplashyYy Vacations, LLC acts as an intermediary or a “Booking Agent” for products and services 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 enter into a separate contract with Suppliers concerning such products and services.

Deposits and Payment

Any deposits from you are non-refundable. Deposit payment lets us hold a reservation for you but does not guarantee the price. The price can only be guaranteed once we receive full payment and other travel documents have been issued, subject to any terms and conditions of the Supplier. We will advise you of the date that full payment is required. Upon providing your payment information, you authorize us to make the payment arrangements with the corresponding Suppliers.

We reserve the right to refuse personal checks as a method of payment. After a full charge, the contract conditions with your Supplier may permit them to increase the cost of your arrangements. If we act as your Booking Agent, we will pass on any such increase to you as we become aware of such an increase. If we have arranged a package, changes in transportation costs, including fuel, taxes, fees, and exchange rates, mean that the price of your travel arrangements may change after you have paid in full.

Late Fees

If you are making multiple payments for a trip and are on a payment schedule as outlined in your receipt or booking confirmation, you must make your payments on time to avoid late fees. Late fees are assessed immediately after the payment due date for $50 per payment that was supposed to have been made. 

If two payments in a row are missed, your reservation can be canceled, and all sums of money forfeited. 

Insufficient Funds:

If any payments are returned by your financial institution due to insufficient funds, you will have a 7-day grace period to settle the payment. Additionally, you will incur an insufficient fund fee of $100 and any additional fees your institution charges. It's important to ensure your account has sufficient funds to cover payments.

Card Decline

If your credit card declines for ANY REASON and you pass the 7-day grace period to update or change your card, a $50 reinstatement fee will be added to your next payment. 

Documentation

Our general practice is to send documents to our customers electronically whenever possible. However, we reserve the right to charge an administration fee should you request that such records be sent as a hard copy.

Cancellations and Changes

Your contract with your Suppliers may allow them to cancel or amend bookings. If we are your Booking Agent, we will ensure that you are promptly notified of any significant changes once we become aware of such changes if there is time before your departure, but we accept no liability for any changes or costs incurred that may result. Subject to the Supplier’s terms and conditions, you will then have the choice of getting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the Supplier, or canceling your booked arrangements and receiving any applicable refunds. We do not guarantee that any refunds will apply.

2. Your Agreement With Us

Your Acceptance of these Terms and Conditions

By booking your arrangement with us or using our website, you agree to be bound by the terms of this Agreement, including Parts 1-3 of this Agreement and any additional terms and conditions of any Supplier that apply to your booking, travel arrangements, or use of any website content. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including paying all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you’re being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation. 

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. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account. 

If You Change Your Booking

Where a change requested by you to your travel arrangements is permitted and possible, our standard service fees will apply in addition to any additional Supplier charges. Please contact your original booking agent to inquire about changes via www.splashyyyvacations.com for details on requesting modifications. Please note that all reservation changes are subject to availability and the terms and conditions of the product purchased.

Changes to name details are not allowed by many Suppliers. While we will endeavor to make such a change if necessary, please remember that most Suppliers treat a name change as a cancellation, to which standard conditions and charges would apply. 

If You Cancel Your Booking

You may be entitled to a partial refund if you cancel your arrangements. In addition to the cancellation terms and conditions of your Supplier(s), our standard fees will apply as outlined on your receipt or booking confirmation. We need to receive from you a request in writing to admin@splashyyyvacations.com before any applicable refund can be considered. If you decide to cancel arrangements before the balance due date, any deposits paid are non-refundable. Refunds will only be delivered to you once we have received the funds back from the Supplier(s). We are not responsible for a Supplier’s failure to pay a refund.

If You Have A Complaint

If you have a problem during your vacation and a SplashyYy Vacations LLC host is absent, please immediately inform the relevant Supplier (e.g., your hotel). Should they be unable to resolve the matter, please directly contact us on the property or in the United States, either through the office where you made your arrangements or through www.splashyyyvacations.com. If you fail to contact us timely, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away, which may affect your rights under this Agreement.

Travel Documents and Destinations

It is your responsibility to ensure that all of the details on your travel documents are correct and to bring any errors or discrepancies to our attention immediately. Your travel documents are valuable and should be safeguarded as cash. Unfortunately, it is not always possible to replace travel documents in case of loss, theft, damage, etc.

Before booking international travel, we recommend that you review any U.S. government prohibitions, warnings, and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel to 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 residing or staying in a country for which such use is prohibited under U.S. regulations.

Passport, Visa, and Immigration Requirements

You are responsible for fulfilling 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 if you cannot travel due to not complying with any such requirements.

Insurance

Travel insurance is a vital part of your arrangements. We strongly recommend that you take out adequate insurance for your journey. Travel insurance is a mandatory element of some travel arrangements. We may be able to arrange for travel insurance to be provided to you, furnish you with a quote, and answer any queries you may have regarding the insurance.

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 they intend to visit. Vaccinations may be required for some or all places you plan to visit. You are responsible for ensuring that you have arranged all necessary vaccinations for your itinerary.

Use of our Services and Website

You agree that you will only use our website or services to make legitimate reservations or purchases and shall not make speculative, false, or fraudulent reservations or reservations in anticipation of demand. You will only use our website and services in compliance with applicable law.​

Without our prior written permission, you may not (a) access, monitor, or copy any content or information on our website using any “robot,” “spider,” or other automated or manual device or program, (b) deep-link to any portion of our website, or (c) “frame” or incorporate any portion of our website into any other website.

Our website may contain links to third-party websites that we provide only as a convenience to you. You should ensure that whatever links you access are free of viruses, worms, trojan horses, or other destructive mechanisms. The existence of these links does not imply that we endorse such websites or any included content. We are not responsible for such websites or content or any data privacy practices of such websites. 

Indemnification

You agree to indemnify us and our affiliates and any of our Suppliers, any such parties, officers, directors, employees, and agents from and against any claims, causes of action, demands, losses, damages, or other costs (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.

Privacy Policy

You consent to our processing and sharing of personal information about you and other party members that you have provided to us in accordance with the terms of and for the purposes outlined in our privacy policy. You represent that you have read and agree to the terms of our privacy policy, which can be found on our website.

3. Additional Terms

Warranties, Disclaimers, and Limitations of Liability

FOR THE AVOIDANCE OF DOUBT, REFERENCES HEREIN TO “US” WE,” AND “OUR” SHALL ALSO REFER TO OUR AFFILIATES. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR OUR SUPPLIERS OR PUBLISHED ON OUR WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO SUCH INFORMATION THAT APPEARS ON OUR WEBSITE. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE, OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.

ANY RATINGS FOR SUPPLIERS ARE INTENDED ONLY AS GENERAL GUIDELINES, AND WE DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. WE MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR CONTAINED ON OUR WEBSITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES BY US DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED ” AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES THAT OUR WEBSITE, ITS SERVERS, OR ANY EMAIL SENT FROM US OR OUR SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WARRANTY DISCLAIMERS MAY VARY FROM STATE TO STATE.

THE CARRIERS, HOTELS, AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE US. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND OUR CONTROL. WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THIS WEBSITE OR OUR SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE OUR WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SUPPOSE, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE. IN THAT CASE, OUR LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO US IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE OR (B) ONE HUNDRED DOLLARS (US$100.00) OR THE EQUIVALENT IN LOCAL CURRENCY.

THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

General

We are acting as an independent contractor, and no joint venture, partnership, or employment relationship exists between you and us or our Suppliers as a result of this Agreement or your use of our website.

We reserve the right to modify this Agreement without prior notice to you. Please refer to our website at www.splashyyyvacations.com from time to time to review the most current version of the Agreement. Your continued access or use of our website or services signifies your acceptance of the modifications to the Agreement. You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity.

This Agreement shall be governed by the laws of the State of Georgia without regard to its conflicts of laws principles. If any provision of this Agreement is found invalid, illegal, or unenforceable, the enforceability of the remaining provisions will not be affected or impaired.