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Kalisha Smith

Curated Vacay

TERMS AND CONDITIONS

Kalisha Smith LLC dba Curated Vacay
Last Updated: 2.26.2026

1. Agreement to Terms

These Terms and Conditions (“Terms”) govern all travel planning and booking services provided by Kalisha Smith LLC dba Curated Vacay (“Curated Vacay,” “Company,” “we,” “us,” or “our”). By submitting a deposit, completing an online booking, or otherwise engaging our services, you (“Client” or “Traveler”) agree to be legally bound by these Terms.

Electronic acceptance constitutes a binding agreement.

2. Nature of Services – Travel Agent Role

Curated Vacay acts solely as a travel agent and intermediary between you and third-party suppliers, including but not limited to:

  • Airlines

  • Hotels and resorts

  • Tour operators

  • Cruise lines

  • Transportation providers

  • Activity and excursion providers

We do not own, operate, manage, or control these third-party suppliers. All bookings are subject to the terms and conditions of the respective suppliers.

Curated Vacay is not liable for acts, errors, omissions, delays, cancellations, overbookings, bankruptcy, negligence, or failure of performance by third-party suppliers.

3. Booking & Payment Terms

3.1 Non-Refundable Deposits

A non-refundable deposit is required to secure any booking. Deposit amounts vary by package and supplier.

3.2 Installment Payments

Payment plans may be available. All payment deadlines will be communicated at booking.

Failure to make payments by the stated deadline may result in automatic cancellation without refund of any amounts paid.

3.3 Final Payment

Full payment must be received by the final due date. Failure to pay may result in forfeiture of all funds paid.

4. Pricing & Adjustments

All prices are subject to change until deposit payment is received.

Price changes may result from:

  • Supplier increases

  • Fuel surcharges

  • Currency fluctuations

  • Government taxes or fees

  • Pricing errors

We reserve the right to correct errors at any time.

5. Cancellations & Refund Policy

5.1 Client Cancellations

  • All cancellations must be in writing.

  • Deposits are strictly non-refundable.

  • Additional cancellation penalties may apply and vary by supplier.

5.2 Refunds

Refunds, if any, are governed solely by supplier policies.

Refunds are generally only available if:

  • Travel insurance was purchased, and

  • The claim is approved by the insurer.

Curated Vacay does not guarantee refunds.

6. No Chargeback Policy

By authorizing payment, Client agrees:

  • Not to initiate a chargeback or payment dispute without first contacting Curated Vacay in writing.

  • That deposits are non-refundable as disclosed.

  • That supplier penalties are valid and enforceable.

Improper chargebacks may result in:

  • Immediate cancellation of travel services

  • Collection efforts

  • Legal action

  • Recovery of attorney’s fees and costs

7. Travel Insurance (Strongly Recommended)

Travel insurance is strongly recommended for all travelers.

If you decline coverage, you assume full financial responsibility for:

  • Cancellations

  • Medical emergencies

  • Travel delays

  • Supplier bankruptcy

  • Force majeure events

Curated Vacay is not responsible for losses that would have been covered by insurance.

8. Passports, Visas & Travel Documentation

Client is solely responsible for obtaining proper documentation.

For international travel:

  • Passports must be valid for at least six (6) months beyond the return date.

  • Required visas must be secured prior to travel.

Curated Vacay is not responsible if:

  • You book international travel without a valid passport.

  • Your passport expires within six months of travel.

  • You fail to obtain required visas.

  • You are denied boarding or entry.

No refunds will be issued for denied boarding due to improper documentation.

9. Client Responsibility

Client agrees to:

  • Review all travel documents immediately upon receipt.

  • Notify Curated Vacay of errors within 24 hours.

  • Comply with all supplier rules and local laws.

  • Arrive on time for flights and activities.

  • Ensure they are medically and physically fit for travel.

Curated Vacay is not responsible for costs arising from Client’s failure to comply.

10. Travel Risk Acknowledgment & Assumption of Risk

Client acknowledges that travel involves inherent risks, including but not limited to:

  • Injury

  • Illness

  • Death

  • Property damage

  • Delays

Adventure activities including ATV riding, ziplining, water sports, boating, hiking, and excursions involve elevated risk.

By booking through Curated Vacay, Client:

  • Voluntarily assumes all risks.

  • Understands that safety standards may differ internationally.

  • Agrees Curated Vacay is not responsible for the safety practices of third-party operators.

  • Releases Curated Vacay from liability arising from voluntary participation in excursions.

11. Force Majeure & Weather

Curated Vacay is not liable for cancellations, delays, or losses due to events beyond our control, including:

  • Hurricanes, storms, floods, earthquakes, wildfires

  • Severe weather

  • Airline disruptions

  • Government restrictions

  • Pandemics

  • War, terrorism, civil unrest

  • Labor strikes

  • Supplier bankruptcy

Refunds or credits are subject solely to supplier policies.

Additional expenses caused by disruptions are the responsibility of the Client.

12. Media Release

By tagging Curated Vacay, submitting content, or granting consent electronically, Client grants a non-exclusive, royalty-free license to use photographs, videos, testimonials, and social media content for marketing purposes. Client represents they have rights and permission from individuals appearing in submitted content. Written revocation applies only to future use.

13. Indemnification

Client agrees to indemnify, defend, and hold harmless Kalisha Smith LLC dba Curated Vacay, its owner, agents, and affiliates from and against any claims, damages, liabilities, losses, costs, or expenses (including attorney’s fees) arising from:

  • Client’s breach of these Terms

  • Client’s negligence or misconduct

  • Participation in activities or excursions

  • Violation of laws or supplier rules

  • Improper travel documentation

This indemnification survives completion or cancellation of travel.

14. Limitation of Liability

To the fullest extent permitted by law, Curated Vacay’s liability shall not exceed the total amount paid directly to Curated Vacay.

We are not liable for indirect, incidental, consequential, or punitive damages.

15. Binding Arbitration & Dispute Resolution

Any dispute arising out of or relating to these Terms or services provided shall be resolved exclusively through binding arbitration, rather than in court.

  • Arbitration shall be conducted in the State of New York.

  • The arbitration shall be administered by a recognized arbitration organization.

  • Each party shall bear its own legal fees unless otherwise awarded by the arbitrator.

Client waives the right to:

  • Trial by jury

  • Participation in class actions

Arbitration shall be the sole and exclusive remedy.

16. Governing Law

These Terms shall be governed by the laws of the State of New York,  United States.

17. Severability

If any provision is found unenforceable, the remaining provisions shall remain in effect.

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