MOMENT TRAVEL: TERMS OF SERVICE
These Terms apply to your access to and use of this website, mobile application and online ser-vices of Moment. These Terms do not alter, in any way, the terms or conditions of any other agreement or relationship you have with Moment for services or otherwise.
Moment reserves the right, in its sole discretion, to make changes to our site, policies, and these Terms at any time. We encourage you to frequently review the Terms to ensure you understand and/or that you are aware of any changes to these Terms.
1. Moment is merely a marketing agent for the trip organizer. By accessing this website, mobile application or online services of Moment, you acknowledge and agree that Moment shall only be liable for its grossly negligent acts that are the direct and proximate cause of any injury to you including loss or damage to your person or property. Under no circumstances is Moment liable for the acts of third parties including the trip organizer.
2. Website Use. You agree that you will comply with all laws and that you will not violate any law or intellectual property rights of any third party. By accessing and using this website, you acknowledge and agree that you are solely responsible for your actions while using this website and that you will not act in any manner that could damage or disable this website including, but not limited to, introducing any viruses, malware, corrupt data or other harmful, disruptive or destructive file or code. Pursuant to the Digital Millennium Copyright Act and other applicable laws, Moment enforces a policy of terminating, in Moment’s sole discretion, account holders who violate any, or who are deemed to be repeat infringers of, corresponding laws and regulations.
3. Payment. Payment must be made by way of credit card through Moment’s website located at https://shopmoment.com. You are responsible for maintaining the confidentiality of your account and password and for controlling access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. To secure a booking for a group experience, Moment requires that you pay the amount set forth in the order form, depending on which payment option you have chosen. If you choose to pay in full, the full amount is due at booking. For payment plans, the total cost will be split into monthly installments, payable on the same date each month, with the final payment occurring no less than thirty (30) days before departure. Payment for the experience must be made in full and received by Moment at least thirty (30) days before the departure date, or in full upon your reservation if you reserve the experience within sixty (60) days of the departure date*. If complete payment is not made within thirty (30) days before experience departure, we will treat the booking as canceled by you, we will release your reservation, and will retain a portion or all of your prior payments as outlined in section 4.
*Due to their unique nature, specific experiences may have alternative payment schedules. Details can be found on each trip page.
4. Itinerary. All published information is accurate to the best of our knowledge at the time of posting to this website. NOTE: changes to an Experience details (which can be significant) can and do occur. Moment will make every effort to keep booked participants informed of any changes but cannot be held liable for any alterations made to the published details. Please refer to this website for the most recent update to any experience.
5. Trip Page. The trip organizer will include experience details (e.g. policies regarding refunds, rescheduling and trip cancellation) including its terms and conditions for each experience on the trip organizer’s trip page located at www.shopmoment.com the terms and conditions of which are by this reference incorporated herein. Moment does not guarantee your recovery of any portion of advance payments nor is Moment liable for some/all of your advance payments that other third parties fail to return. We are not responsible for, and you hereby release and forever discharge us from, any advance payment, expense or cost incurred by you in preparing for or arising or resulting from a cancelled experience.
6. Insurance. We recommend that you purchase, at your expense, travel insurance that covers adequate personal accident(s), medical, evacuation and repatriation expenses, as well as cancellation, curtailment, loss of effects and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to you for any experience requiring travel.
7. Passports; Visas. You are responsible for being in possession of a valid passport, visa permits, vaccines, inoculations and preventative medicines as may be required for the duration of those experiences requiring travel.
8. Indemnification. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Moment from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use (or misuse) of this website; (b) any content you post, upload, use, distribute, store or otherwise transmit on or through this website; (c) your violation of these Terms; and (d) your violation of any rights of another. You agree to promptly notify Moment in writing of any third party claims arising from your use of this website.
9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOMENT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER SUCH ACTION IS BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR ACCESS OR USE OF THIS WEBSITE.
10. Disclaimer. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE TRANSPORTATION, HOTEL AND OTHER ACCOMMODATIONS, FOOD, GROUND HANDLING AND OTHER SERVICES (TOGETHER “VENDOR SERVICES”) ARE PURCHASED FROM VARIOUS THIRD-PARTY VENDORS AND SUPPLIERS, ALL OF WHOM ARE INDEPENDENT CONTRACTORS AND OVER WHOM WE HAVE NO CONTROL OR AUTHORITY. THE VENDOR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND BY US. EXCEPT AS EXPRESSLY PROVIDED ABOVE, MOMENT MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE EXPERIENCE, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
11. Release. You will be required to sign the trip organizer’s standard Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement ("Release Agreement") prior to the commencement of your experience. A copy of the trip organizer’s Release Agreements is available at https://www.shop-moment.com/moment-travel-terms-conditions.
13. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of law principles. Venue for any and all actions shall be in the state or federal courts located in King County, Washington U.S.A. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, these Terms will be governed by the laws of the jurisdiction of your residence.
14. Severability. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
15. Waiver. The waiver of one breach or default under these Terms will not constitute the waiver of any subsequent breach or default. Any and all waivers must be in writing and expressly agreed to by Moment.
16. Eligibility. This website is not targeted towards, nor intended for use by anyone under the age of 13. By using this website, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on this website. In addition, you may not participate in an experience unless you are at least 21 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from this web-site; (b) do not have more than one website account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
Moment Travel, LLC 55 S Atlantic St Seattle, WA 98134