Terms and Conditions

Overview

Welcome.  These Terms of Service state the terms and conditions of use of the services of Gerken Getaways, LLC (“Agency”), terms of travel. Please read these terms before using our services. Using our services, arranging travel through us is voluntary by you.

About Us

We are Gerken Getaways, LLC.  (referred to as “we,” or “us” or “our”), located in Bellevue, WA.

to your purchase. You authorize Agency to charge your credit card for such additional amounts. This consent applies to all travel arranged by Agency for you and your group.

Weather

We have no control over the weather.  Hoped for, or undesired weather conditions, including but not limited to presence or absence of snow, sunshine, wind, rain, warm, mild, or cold temperatures, and all other possible weather conditions are not guaranteed to occur or not occur. Volcanic eruptions, ash clouds, wind, and various other events and conditions may be characterized as adverse weather conditions or natural disasters by suppliers and your travel insurance company.  That is beyond Agency’s control. Agency reserves the right for itself and suppliers to adjust, modify and/or cancel any itinerary or part(s) of any itinerary as Agency or a supplier deems necessary.  Agency shall not be responsible for air, water, and/or ground schedule changes or other adjustments, modifications, and/or cancellations.

Force Majeure

Agency shall be deemed not to be in breach of these Terms and Conditions and not to be liable to you, by reason of delay in performance, or non-performance, of any of Agency’s obligations to the extent delay or non-performance is due to any circumstance beyond Agency’s control, including, but without limitation, act of God, explosion, flood, tempest, wind, fire or accident, war or threat of war declared or undeclared, terrorism, sabotage, embargo, shortage of labor, labor strike or other labor strife, change in law or regulation, insurrection, riot, strike, civil disturbance, requisition, sickness, quarantine, government intervention, pattern of crime in an area, disease, weather condition, defect in machinery or vehicle, delay, wildlife, or other occurrence, condition or circumstance beyond Agency’s control (collectively, “Force Majeure”).

Agency or any supplier affected by Force Majeure shall be entitled to, and may in its discretion, vary, adjust, modify or cancel any itinerary or arrangement or part thereof in relation to your trip. Agency shall have no obligation to make any full or partial refund, and whether or not to voluntarily do so, despite absence of obligation, shall be at Agency’s discretion.

Changes in Travel Plans.

Changes in itinerary may be made for any number of reasons, including but not limited to weather or other Force Majeure, at the discretion of Agency and suppliers.  Changes may include, but are not limited to making a reasonably comparable replacement to any property, supplier, activity or area or other aspect of the travel.

TRAVEL INSURANCE.

AGENCY MAKES AVAILABLE ACCESS TO VARIOUS OPTIONAL SERVICES AND PRODUCTS SEEKING TO ENHANCE YOUR TRAVEL EXPERIENCE AND REDUCE RISKS OF LOSS. OPTIONS SUCH AS TRAVEL INSURANCE HELP REDUCE RISKS OF LOSS OF INVESTMENT FOR SOME OR ALL OF SUCH RISKS AS SUPPLIER DEFAULT OR BANKRUPTCY, DELAY, INTERRUPTION, MISSED CONNECTION, CANCELLATION, MEDICAL EMERGENCY, EVACUATION, LOST BAGGAGE & PERSONAL EFFECTS, ILLNESS, JOB LOSS, CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT OR SICKNESS, AND MEDICAL EXPENSES. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE PRICE OF THE ITINERARY.  TRAVEL INSURANCE MAY PROVIDE SOME PROTECTION TO YOU FROM FINANCIAL LOSS IN SOME OF THE ABOVE CIRCUMSTANCES. You acknowledge there is no refund from Agency or suppliers if you cancel or interrupt your travel for any reason and, moreover, Agency and travel supplier cancellation charges will apply, resulting in loss of monies up to the full cost of your travel booking and related costs. Purchase of travel insurance is not required.  Agency personnel are not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any insurance, nor evaluate adequacy of insurance. Additional charges apply for travel insurance.

LIMIT OF LIABILITY

AGENCY RECEIVES ONLY OR MAINLY COMMISSIONS AND FEES FOR TRAVEL TRANSACTIONS. YOU AGREE THAT ANY LIABILITY AND RECOVERY FROM Agency WILL BE LIMITED TO AND IN NO EVENT EXCEED COMMISSIONS AND FEES PAID BY YOU AND ACTUALLY RECEIVED BY Agency IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

Photos/Video

Agency reserves the right to make any use whatsoever of photos and videos that include you and/or your group, made at any event or travel activity, without compensation. You are deemed to consent to appearance of you and members of your group in the photo and/or video and use thereof by Agency. Uses may include but are not limited to brochures, invitations, books, newspapers, magazines, television, websites, videos, documentaries, and any other forms of advertising, marketing, publicity, reporting and literature.  Any person desiring not to have their photo or video taken or distributed must notify Agency in writing at info@gerkengetaways.com  prior to the start of travel and/or prior to the making of the photograph and/or video, include a photograph of such person, and receive a written reply acknowledging the person’s request. The request is not valid unless/until Agency has replied.

Use of Website

You can use our website https://www.GerkenGetaways.com, to obtain information about us, or our services.

Access to Our Website

Access to our website is permitted to you only on a temporary basis. We reserve the right to modify any content or functionality at any time, without notice. We will not be liable if for any reason our website is unavailable for any period, whether or not the unavailability was in our control. From time to time, we may restrict access to parts of our website, or our entire website.

You must use our Website only according to these Terms of Use, including the below Acceptable Use Provisions.

You are responsible to make any arrangements needed for you to access our Website and to ensure that all persons who access our Website through your internet connection are aware of these terms, and comply with them.

The right to use the Website is personal to you and is not transferable to any other person or entity.

Acceptable Use

You may use our Website only for lawful purposes. You must not use our Website: any way that violates federal, state or local law or regulation; any way that has unlawful or fraudulent purpose or effect; to harm or try to harm us or any person or entity; any way that could disable, overburden, damage, or impair our Website or interfere with anyone else’s use of our Website.  You agree not to reproduce, duplicate, copy, re-sell or purport to re-sell any part of our Website, or any service available through our Website and not to access without authority, interfere with, damage or disrupt any part of our Website or any software used in our Website or equipment or network or software owned or used by any third party.

If we determine a breach of these Acceptable Use Provisions may have occurred through your use of our Website, we may take whatever action we deem appropriate.

Violating these provisions is a breach of these terms and may result in us blocking your access to our site, legal action and exercise of all available rights and remedies.

Ownership

All or substantially all content in our Website is owned by or licensed to us and is protected by United States and international copyright laws, except for any works of the United States government. This includes text, images, artwork, any sound, and all other content, elements and aspects of our Website. We retain all rights to the contents of our Website. The contents of our Website may not be reproduced, transmitted, displayed or distributed, in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without prior written consent from us, except as follows: Permission is granted to view and print materials from our Website for the  non-commercial purpose of personal viewing, reading and retaining for reference.  Any other copying, distribution, retransmission or modification of information or materials on our Website, whether in electronic or hard copy, without our express prior written consent is prohibited.

You must not infringe any intellectual property rights or use any part of the content on our Website for any commercial purpose without getting a license or permission in writing from us.  You must not use any of our trademarks or trade names without our written consent.

If you print, copy or download any part of our Website in breach of these terms of use, your right to use our Website will end immediately and you must, at our option, return or destroy any copies of materials you made.

Trademarks

Agency’s name and trademark and other trademarks and service marks (including logos and designs) on our Website are trademarks or service marks of specified organizations and the goods or services of the organizations. These marks may not be used without the organization’s prior written consent.

Children’s Issues

The Website is not directed to persons under 18 years of age.  Persons under age 18   must not use the website or services offered or submit any individually identifiable information about themselves.

Links to Third-Party Websites

If at any time our Website provides any link(s) to any third party(s) sites, the link(s) are for information and convenience only. We do not control contents of those sites and accept no responsibility for them or for loss or damage that may arise from your use of or accessing them. You agree that Agency will have no liability arising from content, use of or any other matter or event arising from or relating to any link(s) to or use of another website.

Waiver and Severance

No failure or delay by us to exercise any right or remedy provided under these terms of use or by law shall waive that or any other right or remedy, nor preclude or restrict our further exercise of that or any other right or remedy.

If any provision of these terms of use (or part of any provision) is held to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted and severed, and the validity and enforceability of the other provisions of these terms of use shall not be affected.

Location

We make no representation that any of our content is appropriate or available for use in any particular location or jurisdiction. You are responsible to comply with local laws, including laws on viewing or receipt of contents of our site and transmission of technical data exported from the USA or the state, territory or locality where you are located. WE DO NOT REPRESENT OR WARRANT THAT OUR SITE OR ANY PART OF OUR SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.

Some content could be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported or accessed: (a) from any country on which the U.S. has placed an embargo or other applicable restriction, including without limitation (at June 2018), Crimea – Region of Ukraine, Cuba, Iran, North Korea, Sudan and Syria; (b) by anyone in the U.S. Treasury Department’s Specially Designated national list, (c) to anyone on the U.S. Commerce Department’s Table of Denial Orders; or (d) from or to any other place or anyone else, in violation of a restriction established by any department of the U.S. government. You represent and warrant that you are not in, or under the control of, or a national or resident of any such country or on any such list.

Law and Forum

These terms of use will be interpreted and construed according to the laws of the State of Washington applicable to agreements entered into and to be performed entirely within this state and thus excluding and without regard for conflict of law provisions. You agree you shall not be entitled to join or consolidate claims or bring any claim as a representative or class action

Time Limit to Bring Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or our service must be commenced within one (1) year after the claim or cause of action accrues, otherwise, the claim or cause of action is permanently barred. The parties agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action

Waiver

Our failure or delay of enforcing any of these terms of use shall not be a waiver of our right later to enforce each and every term of these terms of use.  Any waiver by us on any one or more occasions will not be construed to be a waiver of any succeeding or other breach.

Third Party Beneficiaries

Our affiliates at any time are intended to be third party beneficiaries of the provisions of these terms of use, each with the right to enforce these terms of use. Otherwise, these terms are not for the benefit of any other person or entity.  The terms we enter into with other persons or entities (even if the same as these terms) are not for your benefit.  We do not promise you that we will or can enforce our restrictions or prohibitions or any terms, against any other person or entity.  YOU ASSUME THE RISK THAT OTHER PERSONS WILL VIOLATE OUR TERMS WHICH MAY OFFEND, DAMAGE AND/OR INJURE YOU.

Other Provisions

If any part of these terms and conditions is unlawful, void, or unenforceable, that part will be deemed severed and will not affect the validity and enforceability of remaining provisions.  The headings in these terms are only for convenience to make it easier and faster to locate particular terms. The headings are not to be used to interpret these terms.  These terms are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us. Waiver of any term or condition on one occasion is not a waiver as to other occasions.

Contacting Us

You may contact us by sending an e-mail to info@gerkengetaways.com, for all questions.  If you have any concern about these terms, please send an e-mail to us at the above address. We’ll make a reasonable effort to address your concerns and try to remedy a problem you bring to our attention.  We do not assure that we will be able to do so.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Changes to These Terms of Use

These Terms of Use were last updated on July 31, 2020. Agency reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location.

Contact Information

Please contact us with any questions or comments regarding these Terms of Use.