Third Party Supplier Rules
In addition to the terms and conditions set forth herein, Third Party Suppliers may impose terms or conditions, including, but not limited to, payment terms and rules and restrictions regarding availability and use of fares, products and services. Accommodations are specified in the accommodation section of the Website or as provided separately by the Third Party Supplier. By electing to deal with a Third Party Supplier through the Website, whether or not selected by you or by Get Up 2 Go, you agree to abide by the terms and conditions of purchase imposed by the Third Party Suppliers and that any violation of those terms may result in cancellation of your reservation or purchase, in denial of access to products or services, in forfeiture of any monies paid for such products or services, and in Get Up 2 Go debiting your account for any costs we incur as a result of such violation. You may be able cancel or change a prepaid hotel reservation in accordance with the terms of the relevant individual hotel cancellation policy, which usually allows changes and/or cancellations by providing between 24 to 72 hours’ notice prior to your check-in date. You acknowledge that some hotels do not permit changes to or cancellations of reservations after they are made and you agree to pay any cancellation charges or change fees that may apply. Alternative accommodations of a similar standard may be offered in the event the Third Party Supplier overbooks their property or for any reason beyond our control. Hotel, airline, car rental, cruise and other travel service providers’ cancellation policies, terms and conditions of purchase, and rules and restrictions regarding availability and use of fares, products and services may vary. You are solely responsible for checking the cancellation policies, terms and conditions of purchase, and rules and restrictions of the Third Party Suppliers. During fulfillment of a booking, some third-party vendors may display the Get Up 2 Go logo in a number of ways including but not limited to on a representative’s uniform or on a sign. The use of the Get Up 2 Go logo is only for identification purposes. These third-party vendors are not employees of Get Up 2 Go and therefore Get Up 2 Go assumes no responsibility or liability with regard to any action, omission, negligence, breach or failure during the providing or operation of the services.
Changes and Revisions
All changes or revisions made to existing reservations are subject to change fees that vary by destination and dates of travel. Flight, date or hotel changes cannot be made 8 days or less prior to departure. $50 of your initial deposit is nonrefundable. Some packages or portions of packages are non-changeable. Changes in a package including, but not limited to, a change in origin, departure date, destination or hotel room category/configuration are subject to change fees in effect at the time changes are made. If changes involve a change in rate, payment will be required at the time of change. Standard change fees are $50 per person plus third party fees in addition to any change in package price. Within 15 days of travel, the passenger is subject to a $200 per person reissue fee for domestic, Mexico, Latin America and Caribbean packages, $350 per person for all other packages. If no PDP was purchased, name changes made to packages more than 15 days prior to departure may be subject to a $200 per person charge. Name changes are not permitted 15 days or less prior to departure. The standard change fee of $50 per person may be waived in the following circumstances: • Pre-Departure Protection was purchased with the package (see "Changes with Pre-Departure Protection) • A change that results in a higher price in the non-air components of the package • Changes to a return flight during travel are subject to availability, airline contractual agreements and/or additional change fees. Get Up 2 Go will not be liable to pay any compensation or damages if it cancels or in any way changes a trip or package as a result of unusual or unforeseeable circumstances beyond its control, the consequences of which could not have been avoided even with all due care. These include but are not limited to problems with transportation, acts of God, war or threat of war, civil strife, industrial disputes, natural disaster, weather, epidemic or terrorist threat or activity. Cost modified based on headcount deposit submission
Pricing Error Policy
While Get Up 2 Go endeavors to publish and maintain accurate prices and information for the services offered on the Website, Third Party Suppliers may change prices for their products or services without notice. It is your responsibility to contact us regarding any changes or variations to the information provided on the Website, which will allow us to advise you or your agent of any such changes we are aware of either before you book your reservation or prior to your departure. Get Up 2 Go is not responsible if a product or service is provided to Get Up 2 Go at an incorrect price or with incorrect information, whether due to typographical or other error and we reserve the right to refuse or cancel any of your requests and/or reservations even if the order has been confirmed and/or your credit card has been charged. If your credit card has been charged for a booking and the booking is cancelled because of incorrect information provided by a Third Party Supplier, we will issue a credit to your credit card in the amount of the charge for that booking. In the event Get Up 2 Go corrects any pricing errors on pending reservations made on the Website under an incorrect price, you will have the opportunity to keep your pending reservation at the correct price, or, at your own option, you may cancel your reservation without penalty.
Charges, Taxes and Fees
Terms and Conditions of Booking
• We operate as a travel agency and service provider. We may charge a fee for the service we provide when you use the Website when you book or reserve travel services, or accommodations. We retain our fees as compensation in servicing your travel reservation. Our fees vary based on the amount and type of travel reservation. Any such service fee is non-refundable. In addition, you will be responsible for all other charges and fees arising out of your use of the services available from the Website.
• We are not the vendor collecting and remitting tax to the applicable taxing authorities. All taxes are remitted directly to the vendors. We are not the owner of, nor a covendor with, any of the travel partners available on the Website. The type of tax charged by the vendor will vary by service and location.
• A user making a booking books reservations for the total reservation price which includes the room rate and "Tax and Service Fees" displayed on the Website or quote. The room rate displayed on the Website or quote is a combination of the prenegotiated room rate for rooms you reserve and the fee retained by Get Up 2 Go to compensate us for our services. The "Tax and Service Fees" amount includes the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.), governmental fees and other charges that the hotels must remit to the government for your hotel reservations. The actual amounts remitted by to the hotel suppliers may vary depending upon the rates, taxability, or other factors. In addition, the "Tax and Service Fees" amount includes a processing service fee we charge and retain in exchange for processing your travel reservation. By submitting a reservation request, the user is authorizing us to facilitate the user's hotel reservation, including making payment arrangements with hotel suppliers.
• User may cancel or change their prepaid hotel reservation in accordance with the individual hotel cancellation policy, usually 24 to 72 hours prior to your date of arrival. Some hotels do not permit changes to or cancellations of reservations after they are made (see individual hotel cancellation policy). User agrees to pay any cancellation charges or change fees that may apply.
• Accommodations are as specified in the accommodation section of the Website or as told by our travel agents. All costs are shown in United States Dollar, unless otherwise stated. Alternative accommodations of a similar standard may be offered in the event that the supplier overbooks their property or for any reason beyond our control. All rates are subject to change without notice.
• We do not accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise, of those service providers in connection with your travel pursuant to a contract between them and yourselves and over whom we have no direct control. We do not accept liability in contract or in tort (actionable wrong) for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force or other events which are beyond our control, or which are not preventable by reasonable diligence on our part including, but not limited to war, civil disturbance, fire, floods, unusually severe weather, acts of God, acts of Government or of any other authorities, accidents to or failure of machinery or equipment or industrial action.
• Ratings - All of the ratings and reviews of hotels, resorts, destinations or activities are proprietary to our methods of review and not based on any independent agency review. In many cases the level of review is a "star" rating, whereby more stars equals a higher rating. We do not guarantee the accuracy of the ratings and make no guarantee about the availability of specific products and services that may be offered. We strongly recommend that prior to any booking each user do their own independent review of any hotel, resort, or activity offered on our Website and/or quote.
• Travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations.
• Any problem or dispute arising out of the booking of travel or actual travel shall be reported to us immediately by submitting an email to us at info@GetUp2Go.com. In the event an amicable resolution cannot be obtained and legal action is initiated the Venue of Jurisdiction shall be in Winston-Salem, NC. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
• We do not accept responsibility for any activity or procedure that may be necessary in order to enjoy the use of our services, this is including but not limited to procuring or having in possession any passport or valid identification for travel. That is the sole responsibility of the user. Reporting Claims of Copyright Infringement We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
GetUp2Go®, GoFlightClub®, VI3WS®, VIEWSWEEKEND®, HBCUSpringFling® and other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Website or used by Get Up 2 Go, in addition to other marks not listed herein, are registered service marks of Get Up 2 Go, LLC. Other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Website may be owned by a thirdparty. The use on the Website of any name, trade name, trademark, service mark, design, logo, symbol or other proprietary designation or marking of or belonging to a third party, and the availability of goods or services from such third parties, shall not be construed as an endorsement, sponsorship or recommendation of the Website or services provided by Get Up 2 Go by any such third party, or the participation by such third parties in the offering of goods or services through the Website.
License: Prohibited Activities
The Content on the Website and quotes is proprietary to us and in some cases to the Third Party Suppliers and other third parties. The Website / quote is provided solely to assist users with making legitimate reservations or otherwise transact business with Third Party Suppliers. Get Up 2 Go grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Website only as expressly permitted in this Agreement. Except as otherwise provided in this Agreement, no other rights or licenses are granted. Any rights not granted herein are expressly reserved. With the exception of making limited copies of your personal travel itinerary or related documents, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, sell or re-sell any information, material, Content, software, products or services contained in or provided by the Website/quote. You also agree not to, without the express written permission of Get Up 2 Go, hyperlink to any page of the Website except for the Website’s homepage and not to hyperlink any aspect of the Website for commercial purposes. You agree not to use the Website or any of its contents for any commercial purposes, whatsoever. You also agree not to: access, copy or monitor any content or information on the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measure employed to prevent or limit access to the Website; take any action that imposes or may impose, in our discretion, an unreasonable or disproportionately large load on the Get Up 2 Go infrastructure; deep-link to any portion of the Website (including, without limitation, the purchase path for any travel services) for any purpose; copy, “mirror,” or otherwise incorporate any part of the Website into any other website or other material or medium without our prior written permission; deliver any unlawful posts or advocate illegal activity through any posts, to or through the Website; deliver or provide links to any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, insulting, threatening, tortious, criminal, harassing, victimizing, intimidating, hateful, defamatory, false or libelous, or otherwise objectionable; deliver any posts that infringe upon the intellectual property rights of others, including, without limitation, copyrights, trademarks, patents and trade secrets; use the Website in any manner which could damage, disable, overburden, impair or interfere with the use of the Website or users’ computer equipment, or cause damage to or disrupt the functionality of any software, hardware or telecommunications equipment; attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website by any means; and obtain or attempt to obtain any materials or information not intentionally made available to the site by any means. GetUp2Go reserves the right to deny access to the Website, Get Up 2 Go products or services, and/or your account, at any time and for any reason, including, but not limited to, any violation of this Agreement.
User Accounts and Comments
Assumption of Risk
You acknowledge and agree that you are voluntarily visiting or making a reservation on the Get Up 2 Go Website. You acknowledge and agree that you are aware of the risks, dangers and hazards associated with travel, including but not limited to: the forces of nature, travel by boat, automobile, or aircraft, civil disturbances, food-related illness, accident or illness, mechanical or construction failures or difficulties, negligence of hotels, transportation vendors or any third-party and any actions, omissions, or conditions outside of Get Up 2 Go's control that are not listed herein. You freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage, and loss resulting therefrom. BY ACCEPTING THIS AGREEMENT, YOU HEREBY EXPRESSLY AGREE TO BE RESPONSIBLE FOR YOUR OWN WELFARE AND THE WELFARE OF ALL MINORS TRAVELING WITH YOU. YOU AGREE TO ASSUME ALL OF THE RISKS SET FORTH IN THIS AGREEMENT, INCLUDING THOSE SET FORTH ABOVE, INCLUDING BOTH THOSE KNOWN AND UNKNOWN TO YOU. YOU AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for yourself, all members of your family and all minors traveling with you, your and their heirs, legal and personal representatives, next of kin, successors and assigns; it being your intention to fully assume all risks associated with this tour and to release Get Up 2 Go from any and all liability to the maximum extent permitted by law. RELEASE AND WAIVER OF LIABILITY AND INDEMNIFICATION: You on behalf of yourself and your heirs, legal and personal representatives, next of kin, successors and assigns (collectively, “Releasors”), expressly a) RELEASE, WAIVE, FOREVER DISCHARGE AND COVENANT NOT TO SUE Get Up 2 Go, its owners, officers, employees, managers, shareholders, affiliated entities, agents, representatives, directors, associates, successors and assigns (collectively, “Releases”), from and against any and all liability, claims, demands, losses or damages which you now have or may later have against Releases arising out of, relating to, or in connection with the services provided, arranged or advertised by Get Up 2 Go, whether arising from the Releases’ negligence or otherwise; b) AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS (“indemnify” meaning to defend and to pay or reimburse) Releases from and against any and all claims, injuries, costs, damages, losses or suits, including attorney’s fees, brought by or on behalf of anyone, arising out of or relating to your participation in the activities and use of services provided, arranged or advertised by Get Up 2 Go, even if such claims allege negligence by Releasees or others; and c) AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Releases against any claim by any person, including minors, arising in whole or in part from an injury or other loss suffered or caused by you in connection with the tour arranged for you or the services provided, arranged or advertised by Get Up 2 Go.
Warranty Disclaimers and Limitations of Liability
Get Up 2 Go makes no representations or warranties, express or implied, about the suitability, availability, accuracy, reliability, completeness, or timeliness of the information, content, software, materials, or services provided by or contained on the website for any purpose, and the inclusion or offering of any products or services on the website by no means constitutes sponsorship or endorsement of such products or services. we hereby disclaim all warranties, representations and conditions of any kind, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, satisfactory workmanship effort, informational content, title and non-infringement of the rights of third parties. all of the information, content, software products, products and services provided on or through the website are provided on an “as is” basis without any warranty of any kind. we make no representations or warranties of any kind that the website, its servers, any electronic transmissions and/or any electronic mail sent from us or from our affiliates or third party suppliers is free of viruses, defects, or other harmful components. we disclaim all responsibility for any failed internet connections, interruptions in transmissions or interruptions in the receipt of ticket orders. the information, products, software and services provided on the website may include inaccuracies or errors, including but not limited to pricing errors. Get Up 2 Go, its officers, directors, employees, representatives, subsidiaries, affiliates, distributors, suppliers, licensors, licensees and agents, are not responsible for, and make no representations or warranties regarding the accuracy of any information or description of the information, products, software, or services contained in or provided by the website or third party suppliers, including but not limited to the information provided regarding hotel, air, cruise, car rental, vouchers and other travel products and services provided in connection with the website. the third party suppliers and any other carrier, hotel or other supplier of travel or other services offered on the website are independent contractors and are not agents or employees of Get Up 2 Go or any of its officers, directors, employees, representatives, subsidiaries, affiliates, distributors, suppliers, licensors, licensees or agents. Get Up 2 Go is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any injury, damage, death, loss, accident or delay due to an act or omission of such suppliers. Get Up 2 Go shall have no liability and will make no refunds, except as otherwise provided herein, for any delay, cancellation, overbooking, strike, force majeure, acts of god, or any other causes beyond our direct control, and shall have no further responsibility for any additional expenses relating to same. Get Up 2 Go is not responsible for any third party supplier’s breach of warranty, including but not limited to implied warranties of merchantability or fitness for a particular purpose, nor is it responsible for any other wrongdoing by a third party supplier, including any liability in tort, for any products or services available on the website. While Get Up 2 Go may link to third party websites and third party websites may link to the Website, Get Up 2 Go does not monitor or control the links and makes no representations or warranties, and is not liable for the accuracy of the information, content, products or services provided by the third party websites. Any concerns regarding the information, content, products or services provided by such websites should be directed to the particular website owner or service provider. The fact that a third party website has linked to Get Up 2 Go or that Get Up 2 Go has linked to a third party website by no means implies an endorsement, sponsorship, or recommendation by Get Up 2 Go of the third party or of the information, content, products or services of the third party. All of the ratings and reviews provided on the Website are proprietary to our methods of review, are intended only as general guidelines, and are not based on any independent agency reviews. In many cases the level of review is a “star” rating, whereby more stars indicate a higher rating. We do not guarantee the accuracy of such ratings and make no guarantee about the availability or quality of a particular product or service that may be offered. You are strongly urged to conduct an independent review of any hotel, resort or activity offered on the Website prior to booking a reservation. Travel to certain destinations may involve greater risk than others. We strongly urge you to review the travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel reservations to international destinations. We are not responsible for any activity or procedure that may be necessary in order to enjoy the use of the services offered on the Website, including but not limited to procuring or having possession of any passport or valid identification for travel. if, despite the limitations above, get up 2 go, its affiliates or the third party suppliers, are found liable for any loss or damage arising out of or relating to any of the occurrences described above, you agree that the liability of get up 2 go, its affiliates and/or the third party suppliers will in no event exceed the total charge to you from get up 2 go in connection with such transaction.
You agree to defend and indemnify Get Up 2 Go, its affiliates, officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (including but not limited to reasonable legal and accounting fees) brought on by third parties as a result of your breach of the terms and conditions of this Agreement, your use of the Website, or your violation of any law or the rights of a third party.