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 NON-REFUNDABLE deposit and planning fee (as more
particularly described in your itinerary). Planning fees shall be at least $100.00 per traveler. After booking, you will receive your itinerary, an invoice with payment information, and other important travel information. The invoice will contain a breakdown of the elements of your trip. This invoice is subject to change until you receive confirmation that your travel is booked. Non-painters shall not be charged the fee applicable to the guest artist’s workshop. Some suppliers and 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 180 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 120 days of the departure date, full payment will be due at the time of booking confirmation. If full payment is not received 120 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. Failure to make a payment by the applicable deadlines may result in the cancellation of your travel. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect.

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.

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. For safety and liability reasons, Paint By Destination and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise the Supplier of your request but we cannot guarantee their availability.

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. It is essential that you keep in mind that trip and activity times are set to accommodate climate, crowd size and best viewing options for our groups. At times, early morning departure times may help create a better experience. Therefore, late arrivals cannot be accommodated.

Changes to Itineraries
As described above, our tours are carefully curated art workshop experiences for groups of participants, and you are not entitled to request or make any changes to your itinerary. 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.

While no changes are anticipated, there may be occasions when certain alterations become necessary. These can be due to religious holidays, national celebrations, or unforeseen events including weather, governmental closures, acts of God, or
any other reason. Paint By Destination reserves the right to change the itinerary due to such unforeseen circumstances or emergencies. Additionally, historic sites undergo renovations from time to time which can obscure viewing or otherwise
change the nature of visiting these sites. No trips will be cancelled due to renovations, although Paint By Destination may choose to amend itineraries for such sites. These changes will not be considered a material change and will not be
considered cause for cancellation by you.

If we suggest alternate activities in place of a planned stop or in case of leisure time, such suggestions do not constitute our endorsement. In such a case you will be subject to the terms and conditions of the Supplier of the activity and your
only recourse in case of damage will be against the Supplier of the alternate activity.

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. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the guided holiday/vacation whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.

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. Paint By Destination reserves the right to change the departure date. 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. Any air cancellation will be in accordance with the terms of the carrier and Paint By Destination will not be liable for the carrier’s refusal to make any refund whatsoever. In such case Paint By Destination will not be liable for any additional costs incurred outside of the trip prices such as visa and passport fees, travel insurance or any other purchases made by the guest in anticipation of the trip.

CANCELLATIONS.

As described above, Paint By Destination is required to pay all Suppliers well in advance of your trip date. This includes but is not limited to chartering the cruise and reserving your cabin accommodation, meals, tickets, transportation, etc. 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 megan.kline@embarkbeyond.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 ninety (90) days of your departure date will be deemed as trip interruption, cannot be cancelled, and are 100% NON-REFUNDABLE.

Upon receipt of your cancellation request, Paint By Destination will follow industry procedures for any applicable refunds as outlined in the Supplier’s terms and subject to their review. If you are entitled to a refund, please note that the charterer or other Supplier is responsible for this refund, not Paint By Destination. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a Supplier’s failure to pay a refund or for Supplier bankruptcy or insolvency.

In addition, cancellation charges will apply (in addition to any amounts that become NON-REFUNDABLE as described herein). Cancellation charges are expressed at a percentage of quoted price as follows:

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. You are responsible for any additional costs for air tickets or other travel arrangements not made by us.

If between planning time and/or during actual travel, circumstances require changes, Paint By Destination and its Suppliers, reserve the right to cancel or vary any itinerary and substitute components of any trip, including but not limited to charters and/or cabin accommodations of comparable quality, if port schedules, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on the trip. Sightseeing trips may be altered as described above. Paint By Destination cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the traveler. Normal cancellation penalties still apply to the trip that has been changed.

NO REFUND FOR UNUSED ARRANGEMENTS.

As Paint By Destination’ 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, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel Supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Paint By Destination that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the 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 (and we are under no obligation to), we will refund these to you without any charge by Paint By Destination.

TRAVEL PROTECTION INSURANCE.

It is the traveler’s responsibility to protect their purchases. For this reason, Travel Protection Coverage including additional cancel for any reason coverage is strongly recommended. Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you 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). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including cancel for any reason coverage must be purchased in close conjunction with your travel purchase.

Paint By Destination is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Paint By Destination cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.

Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Paint By Destination cannot be held responsible for denied entry if a traveler is unable to provide details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.

DESTINATIONS AND DOCUMENTATION.

Travel to certain destinations may involve greater risk than others. 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. 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, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. It is your responsibility to be aware of any and all requirements for admittance to a country or state, including Covid-19 requirements. Should you choose to travel to a country that has been issued a travel warning or advisory, Paint By Destination will not be liable for damages or losses that result from travel to such 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. For up-to-date requirements US citizens should visit www.travel.state.gov. When travelling domestically within the USA 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 here: http://www.tsa.gov/traveler-information/acceptable-ids. Paint By
Destination 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-USA 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.

Certain countries restrict travelers with criminal convictions, even if expunged. Please inform us prior to booking with us if this applies to you and seek separate legal counsel to confirm your ability to travel to your desired destination. If you are denied access to a country or a Supplier due to a conviction, Paint By Destination shall not be liable for any losses, expenses, or refunds to you or anyone in your group.

Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.

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 traveler to miss flight(s), and subsequent scheduled travel bookings trips. Paint By Destination bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.

INSECTICIDE NOTICE. 

Travelers are encouraged to 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 U.S. Department of Transportation’s Web site, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.

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 Suppliers are independent contractors and are not agents or employees or representatives of Paint By Destination. 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. Paint By Destination assumes no responsibility or liability for any delay, change in schedule, loss, injury or
damage or loss of any traveler that may result from any act or omission on the part of others; Paint By Destination assumes no responsibility or liability for personal property; and Paint By Destination shall be relieved of any obligations
under these Terms and Conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury,
quarantine, medical or customs or immigration regulation, delay, or cancellation. Paint By Destination accepts no responsibility for lost or stolen items. Paint By Destination reserves the right to refuse any traveler or potential traveler at
its sole discretion.

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, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, Paint By Destination and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or
animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which you are not prepared
or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid
evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.

Traveler understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. 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, including any claims of third party negligence and/or the negligence of Paint By Destination and traveler hereby covenant not to sue Paint By Destination for
any such claims or join any lawsuit or action that is suing Paint By Destination. This agreement also binds your heirs, legal representatives and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.

INDEMNIFICATION.

Traveler agrees to and shall indemnify and hold harmless Paint By Destination, and each of our officers, directors, employees and agents (collectively “Paint By Destination”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Paint By Destination (including, without limitation, reasonable attorneys’ fees and the advancement of same) 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, or threatened 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.

When you book with Paint By Destination, you accept responsibility for any damage or loss caused by you or your group. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other Supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a participant removed from a trip, or any portion of a trip. You agree not to hold Paint By Destination or any of its related entities liable for any actions taken under these Terms and Conditions. Baggage and personal effects are at all times the sole responsibility of the traveler.

You acknowledge and agree to follow and abide by any and all laws and regulations of any state and/or country you enter while participating in the trip. While all local and national laws and regulations are important to follow, we strictly encourage you to be informed concerning the use and/or possession of drugs in particular. There will be no tolerance for any use or possession of any drug and your failure to strictly comply with this requirement will result in a breach of this Agreement and may prevent you from your continued participation. We require responsible alcohol consumption for your
safety and for those around you. If you are asked to leave a trip for inappropriate behavior, violence, or any other disruptive action, you will not be refunded.

BAGGAGE FEES.

Due to continual changes in airline baggage policies, it is suggested that you inquire with your airline's website for up-to-date fees & information. Paint By Destination is NOT responsible for additional fees incurred for baggage or seating.

RE-CONFIRM YOUR FLIGHT.

Paint By Destination advises you personally to re-confirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure.

HEALTH/PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES.

The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be delighted to discuss the feasibility of your participation in any of our trips.

It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Paint By Destination will communicate requests to Suppliers but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.

Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify Paint By Destination at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel. For the safety of all of our participants, Paint By Destination reserves the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion.

If you are pregnant or expecting at or around the time of your planned travels, please inform us prior to booking. Some suppliers will not permit travel past certain gestational periods for your safety and the safety of your child/ren. If you
become pregnant after booking with us, please consult with a doctor and review the supplier terms and conditions as they relate to your booking to determine whether you will be permitted or prevented from traveling. If you are denied boarding embarkation, or access to a supplier due to a pregnancy, Paint By Destination shall not be liable for any losses, expenses, or refunds resulting from such loss in access for you or anyone in your group.

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. Each traveler releases Paint By Destination and its representatives from any liability in connection with any use of such photographs and/or video.

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. 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.

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, via email or through text, 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. Failure by us to exercise or enforce any right or provision of these legally binding Terms and Conditions shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. The provisions of these Terms and Conditions which by their nature extend beyond termination or expiration of these Terms and Conditions (whether by operation of law or otherwise) shall survive the expiration or termination of these Terms and Conditions to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate.

CONTACT US.

Paint By Destination LLC welcomes your questions or comments about our itineraries:
Paint By Destination, LLC
307 5th Avenue 16th Floor
New York, New York 10016
Email: megan.kline@embarkbeyond.com
Attn: Megan Kline

TRAVELER SIGNATURE.
By my signature below, I acknowledge that I have read, understood, and agree to all of the foregoing legally binding Terms and Conditions applicable to my travel with Paint By Destination, LLC.