Terms of Service
RELATIONSHIP OF PARTIES
This Agreement is between you ("You" or "you"), and GenWealth, LLC. dba Life Luxe Jazz, ("Company" or "Event") where the Event is taking place November 1 through November 4th, 2018 at Pueblo Bonito Pacifica ("Resort" or "Hotel"). You expressly acknowledge and agree that: (a) you are purchasing a ticket/package for this Event with the Company, and no other third parties, including but not limited to Eventbrite is a third party seller of concert and travel tickets for the Event only, who serves as the ticketing agent for the Company; (b) Eventbrite is not responsible or liable to you for any and all claims arising from or related to the Event in any manner whatsoever.
Your decision to pay in full or with a deposit to book a room/purchase an Event ticket constitutes your acknowledgment of and consent to all of the terms and conditions below, including the limitations of liability presented herein. Any and all disputes and claims whatsoever related to, or involving the Company/Event shall be governed by Georgia law and the venue for any litigation shall be in Fulton County, Georgia.
The Event has a very strict cancellation policy and recommends that all guests purchase travel insurance.
Payments for the Event are Non-refundable*.
If You decide not to attend, or are prohibited from attending due to illness, travel delays, or any reasons whatsoever, Company is under no obligation to refund any monies received from You.
The Company shall not provide nor be responsible for providing any refunds for unused tickets, or cancellations for those who do not show up in time for any part of the event for any reason whatsoever after the start of Event.
*Except in the instance that the Event is cancelled in its entirety.
The guest that places the reservation is considered the "lead guest" and is the "owner" of the reservation. The lead guest must agree and initiate any changes in the reservation.
The lead guest will be responsible for receiving all communications, selecting the room at the time of booking, and making sure all payments are made by financially responsible guests in a timely manner. Be advised that once you book a room as lead guest you are obligated for the full room rate based on the occupancy set forth in the package you purchased.
Financially responsible guests will have the opportunity to choose between making payments in full, or by enrolling in a payment plan and/or automatic billing according to the terms listed below.
ONLINE PAYMENT TERMS
Payment in Full
If you chose the pay in full option, there are no other payments due. All of the terms and conditions apply.
Payment plans are available. All of the terms and conditions apply. Payment plans are administered by Affirm, our payment plan partner. If you choose the payment plan option, you are agreeing that all payments are additionally subject to all of the terms and conditions set forth in the agreement with the third-party provider indicated. At checkout you will be taken to the Affirm site to instantly apply for a payment agreement that suits your budget.
The Artist Lineup is subject to change without notice. You acknowledge that regardless of any change in the lineup, the terms of this agreement remain in full effect and you will not be entitled to any refunds if you wish to cancel your reservation.
Your package/ticket purchased determines your concert seating options. There are no seat assignments except as indicated in that description.
NAME CHANGES & ADDITIONS
Complimentary name changes will be accepted until September 1, 2018 for all but the lead guest. All name additions and changes starting September 2 through September 25, 2018 will be subject to the name change fee of $100 per person. September 25, 2018 will be the LAST DAY to submit name changes.
The Event does not permit downgrades of room types on reservations. A downgrade is defined as a room of a lower (i.e., lower nightly rate per person) category, or from a triple occupancy room to a double occupancy room, even where such room is of a higher (i.e., higher nightly rate per person) category. However, you are able to upgrade your seating. Visit our ticket package pages for more information.
Rates include accommodations at resort for the Event nights, all concerts taking place at the resort during the Event, all meals and drinks as included in the all-inclusive package at the resort and service fees. Rates do not include transportation to and from the airport (unless explicitly noted as part of the package purchased), certain activities and excursions, and certain resort offerings, which are not part of the all-inclusive package for the Event.
LATE CHECK OUT FEES
In the event you remain in your guestroom past 1pm local time on the date of your scheduled checkout, the Company has the right at its sole and exclusive discretion to charge you late check out fee(s) of $300. If you remain in your room past 3pm the Company has the right at its sole and exclusive discretion to charge you for an extra night at the rate posted by the Event.
ALL GUESTS ARE REQUIRED TO HAVE A VALID PASSPORT.
You will be traveling outside of the country for this event and it is MANDATORY that you have a valid passport (unless you live in the country where the Event is taking place).
The U.S. State Department has enacted the "Western Hemisphere Travel Initiative." U.S. and Canadian citizens will be required to carry a valid Passport for travel. For complete details, refer to the U.S. State Department web page. Also note that the U.S. State Department may change their policies from time to time and the Company cannot be liable for such changes or how those changes may impact your ability to attend the Event.
You are responsible for obtaining all travel documents as well as complying with Customs and Immigration or any other governmental requirements. You will be required to comply with any and all security measures imposed by governments, which are subject to change. Your failure to possess the required travel documents may prevent you from being able to travel; in such event, no refunds shall be provided to you.
HEALTH CONSIDERATIONS/PREGNANCY POLICY
Persons who have a physical or mental disability or a medical condition must report them to the Company IN WRITING VIA EMAIL AT THE TIME THE RESERVATION IS MADE or at the time the medical condition is discovered, whichever comes first. Failure to provide such information to the Company could lead to cancellation of your reservation with you incurring the appropriate cancellation penalty if sufficient time is NOT provided to make adequate determination of medical conditions or requirements. The Company reserves the right to revoke or refuse passage to anyone who may require treatment, care or attention beyond that which the resort can provide. Guests who require special dietary needs or who have other special needs must notify the Event in writing via email at the time of booking.
The Event does not allow any kind of pets, therapy or emotional support animals. To be classified as a service animal, the guest must alert the Company in writing via email within 15 days of booking. The guest will be required to provide any and all documentation requested by the Event, Pueblo Bonito, U.S. Customs and Immigration and Mexican Customs and Immigration. In addition, the guest will be required to sign a waiver and may also be subject to certain limitations in regards to accessing areas of the resort and concert viewing areas.
REFUSAL OF ENTRY/TERMINATION OF TRIP OR EVENT
The Company expressly disclaims any responsibility for personal injury, property damage, loss, delay, inconvenience, or other matters due to negligence, wrongful acts, errors or omissions on the part of any third party, or any supplier of services of goods or of agents selected by you or your travel agent. This includes, but is not limited to stays at the resort during the Event nights as well as pre and post nights added to reservations for the Event.
The Event may, at its sole and exclusive discretion, require any person to withdraw from the event if it is deemed that your actions or conduct is offensive, disorderly and/or a nuisance, and in such event the Company shall have no liability to You as a consequence of the early or other termination of your trip and/or event, or be required to pay You any refund.
Guests must be 18 years or older to be admitted to the event, unless accompanied by an adult.
Video or audio recording, filming, or photographs may occur at the Event which may be owned, licensed, assigned or distributed nationwide and worldwide by the Event, their affiliates and assignees. By acknowledging the terms & conditions of the event at the time of booking a reservation at the Event, you acknowledge, allow, and authorize the Company, their affiliates and assignees the right to use your likeness and/or appearance on any film or video format now known or hereinafter developed in any manner whatsoever. You will not receive any compensation for such use and waive any right to bring any action in law or equity against the Company, their affiliates and assignees for such use.
PHOTOGRAPHY AND VIDEO POLICY
Video recording is strictly prohibited at the Event. No professional photography equipment may be used unless approved by Company staff. Small handheld cameras without interchangeable lenses are acceptable for personal use only. DSLR's are not allowed for guest use at the event. Commercial use of photography and video is strictly prohibited.
ZERO TOLERANCE POLICY
In accordance with local, state, federal and international laws, the Event has a strict zero tolerance policy regarding the illegal use, possession, purchase or distribution of controlled substances. Any violation of this policy will result in immediate ejection from the Event as well as the individuals being turned over to the local law enforcement officials for appropriate legal action. In such cases the Company shall not be liable for any refund or other compensation or damages and reserves the right to refuse entry at future Events.
No vending of any kind will be allowed at the Event. This means that you may not distribute or solicit for sale t-shirts, hats, posters, jewelry nor any other products, goods or services at the Event nor on the grounds of the resort property. Any and all unauthorized merchandise will be confiscated. This policy will be strictly enforced.
RESPONSIBILITY AND LIMITATION OF LIABILITY
Under these terms and conditions, liability by guests for damage to or theft of luggage, personal property, delay, circumstances at the resort or elsewhere is limited. In addition, your right to recover in a legal proceeding will be based upon the applicable law and forum stated in these Terms & Conditions. You will find at the resort independent concessionaires. The Company accepts no responsibility whatsoever for the actions of these independent concessionaires and acts only as a third-party referring their services to you without further liability.
It is understood and acknowledged that the Company is an outside, independent entity and does not own, retain, or have any control over the Resort. In consideration of participating and attending the Event, you voluntarily assume all risks while at the Event and at Resort, and release the Company from any and all liability, actions, causes of action, suits, injury or death, loss or damage of property, claims, attorney's fees and demands whatsoever that may be sustained by you at the Event. This release shall be binding upon you, and your heirs, next of kin, executors and personal representatives.
The Company cannot be held responsible for changes at the Resort that vary from what is noted on the Event website, and/or in the reservation system at the time of purchase or anytime leading up to the Event or during the Event. Resort is operated under the direction of its management and affiliates and may change their offerings at their own discretion and retains the right to do so. Some regular resort offerings may vary during the event. The Company will do their best to accommodate guests of the Event, but does not control the actions of the Resort and acts only as a third party hosting the Event on the resort property. Any issues arising between guests and the Resort pertaining to resort matters, including but not limited to those issues related to food & beverage, rooms, check in, check out, amenities, hotel grounds, etc., should be addressed with the resort directly, and while the Company may assist on your behalf if applicable, ultimately the Company cannot be held responsible for actions, incidents, policies, or procedures that are utilized by the Resort.
Your decision to purchase a room/ticket and pay a deposit for the Event constitutes your acknowledgment of and consent to all of the terms and conditions related to this purchase, including the limitations of liability described herein. All disputes and matters whatsoever related to or involving the Event shall be governed by and litigated in Fulton County, in the State of Georgia.
ONLY RESERVATIONS BOOKED THROUGH LIFE LUXE JAZZ OR ITS AUTHORIZED PARTNERS WILL BE HONORED FOR THIS EVENT. ANY RESERVATIONS OR BOOKINGS DISCOVERED WHEREIN IT IS FOUND THAT A PERSON OR AGENT BOUGHT OR SOLD A PACKAGE/TICKET FOR THE EVENT WITHOUT PRIOR AUTHORIZATION AND/OR FOR MORE THAN FACE VALUE WILL BE CANCELLED.
The Event has a strict cancellation policy and highly recommends that all guests purchase travel insurance through a third party. The Event / Company cannot sell travel insurance directly to the customer. If you do not choose to purchase travel insurance you are agreeing to be 100% responsible for the complete forfeiture of all monies and fees paid to Company should you be unable to attend the event, for whatever reason.
Excursions are offered for your enjoyment at a moderate extra cost. Each excursion is operated by local tourist service companies. The excursions are not under the control of the Company including but not limited to: hotel stays off of the host resort or partner properties, car rentals, water sports, sightseeing excursions, dive programs, restaurants, transportation by air, rail, bus, or other means, and any other service provided by a third-party tour operator or destination management company. The Event shall not be liable for the services and facilities provided by independent or third-party contractors resulting in any loss, damage, injury, death, or illness nor cost of any delay or cancellation. The Event expressly disclaims any responsibility for personal injury, property damage, loss, delay, inconvenience, or other matters due to negligence, wrongful acts, errors or omissions on the part of any third party, or any supplier of services of goods or of agents selected by you or your travel agent.
The ground transportation that is included in your travel package or ticket purchase is provided by independent third parties and the Company expressly disclaims any responsibility for personal injury, property damage, loss, delay, inconvenience, or other matters due to negligence, wrongful acts, errors or omissions on the part of any third party, or any supplier of services.
Ground transportation services other than those expressly included in your travel package or ticket purchase are your responsibility. The following types of transportation are not under the control of Company: car rentals, transportation by air, rail, bus, taxi, shuttles and any other service provided by a third party. The Company shall not be liable for services and facilities provided by independent contractors resulting in any loss, damage, injury, death, or illness nor cost of any delay or cancellation. The Company expressly disclaims any responsibility for personal injury, property damage, loss, delay, inconvenience, or other matters due to negligence, wrongful acts, errors or omissions on the part of any third party, or any supplier of services of goods or of agents selected by you or your travel agent.
ADDITIONAL TERMS AND CONDITIONS, INCLUDING LIMITATION OF LIABILITY
The Event reserves the right, at any time, to modify, change, postpone or abandon all or any part of the resort program at its sole and exclusive discretion. In this case, the Company will not be responsible for any loss or expense caused by reason of such changes, modifications or abandonment. Company shall not refund any of your purchase price or any other charges by guests who decide not to stay through the duration of the event or who are forced to check out early for any reason or cause whatsoever. Unforeseen illnesses, circumstances, and contingencies may arise causing a cancellation by a band or other talent booked for the Event. Under these circumstances, the Company reserves the right in its sole and exclusive discretion to alter or cancel the band(s) contracted for and/or advertised for this Event. You expressly acknowledge that certain resort offerings may change or be cancelled and agree that Company shall not be held responsible for such occurrences made by the resort or the Event. Company reserves the right to change the itinerary, schedule, and/or lineup and change the venue or Resort and find a reasonable or suitable alternative in its sole discretion; and in such event(s) shall not be responsible and/or liable to you whatsoever including but not limited to, for any compensatory, nominal or consequential damages.
In the event that this Event is cancelled because of a circumstance or occurrence outside the control of Company, including but not limited to force majeure events (such as acts of nature, fire, earthquake, government imposed travel bans, terrorism etc.), which cancellation shall be made in Company's sole and exclusive discretion, Company shall not be liable for any damages, including but not limited to compensatory, nominal or consequential damages.
Resort information and descriptions seen on the Event website and on other third-party websites (including, without limitation, photographs, videos, editorials, amenities, and property descriptions) are provided by the Resort, suppliers and service providers. This information is provided to serve as a general guideline and while we can direct you to such information as a reference, the Company does not guarantee its accuracy.
Resort and other third parties may require you to present a credit card or cash deposit upon check-in to cover incidentals and additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Company for the Event or other transaction. You acknowledge that some third parties offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such third party's rules and restrictions may result in cancellation of your reservation(s) for the Event, in your being denied access to the Event, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
All third parties are independent contractors, vendors and not agents or employees of the Company. The Company is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage or other damages or expenses related therein.
A reservation/ticket to the Event is a revocable license. Company shall have no liability for overbooking by the hotel. The Company reserves the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from the Event, and/or withdraw or refuse to begin services or provide goods to any person, who fails to comply with Company's zero tolerance policy or is otherwise disorderly or conducting themselves in a way that is in violation of the rules of an applicable third party (resort, hotel, tour operator, supplier, excursions company, ground transportation provider, etc.) and/or applicable local, state or federal law or ordinance, in whole or in part, or whose conduct is deemed by Company or the applicable third party as illegal, disorderly, vulgar, abusive, threatening, aggressive, or out of compliance with this policy or the applicable third party's terms, conditions, rules or policies, in whole or in part, or whose conduct is deemed by Company or the applicable third party as illegal, disorderly, vulgar, abusive, threatening, aggressive, or out of compliance with the applicable third party's terms, conditions, rules or policies.
YOUR REPRESENTATIONS AND WARRANTIES TO THE COMPANY
Without limiting anything set forth in this agreement, you hereby represent and warrant that (a) you will not violate any applicable laws, ordinances and/or regulations at or in connection with the Event and/or activities corresponding to your transactions with the Company and/or via the ticketing website; (b) you are of sufficient legal age and authority to enter into any transaction, with Company and/or via the ticketing Website, to attend the Event, and to create legal binding obligations for any liability you may incur as a result of entering into this agreement; (c) you are an authorized user of the financial account (i.e., credit or debit card, etc.) used to enter into any transaction with the Company and/or via the ticketing website; (d) you shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by Company and/or any applicable third party; (e) you have obtained any and all passports, visas, health information and/or other permission necessary in connection with your transaction with the Company and/or via the ticketing website; and (f) you will not attempt to charge back your purchase with your bank or credit card company. Any attempt by you to charge back any or part of the purchase price or other charges incurred in connection with the Event, shall allow Company to (a) cancel your reservation for the then-current or any future Events, or (b) refuse to accept any reservation for any upcoming Event(s).