JayWay Travel Inc. d.b.a. Workation, hereinafter referred to as JayWay Travel in the terms and conditions stated below.
I. Booking Tour Packages
In order to secure your reservation, you must provide JayWay Travel with an acceptance of the proposal together with a non-refundable deposit, the amount of which depends on the specifications of your booking, provided that the reservation is made more than 30-days before the trip’s departure date. Payment for the balance of your trip is required to be made by 30-days before departure. For reservations less than 30-days prior to departure, full non-refundable payment is required. The above non-refundable deposit is a payment towards a full trip package of services to organize your trip. This deposit does not constitute a payment for a specific service (e.g. airfare, accommodation, excursion).
1. After submitting your choice of accommodation, JayWay Travel will reply with confirmation of availability. If your choice of accommodation is not available JayWay Travel will recommend a suitable alternative.
2. In terms of an accommodation alternative, this will generally mean a recommendation within the same price category. If an alternative from the same category is not available, JayWay Travel will provide accommodation offers from the next available price category, which may result in either an increase or decrease in the overall trip price.
3. JayWay Travel cannot guarantee your choice of accommodation, as all accommodations are subject to availability. Changes to accommodation options may occur and we will inform you of these changes before requesting your deposit. If a change is necessitated after payment of your deposit, JayWay Travel will inform you as soon as possible and work tirelessly to find an equal or better replacement and/or refund you any difference.
I. Coronavirus Specific Information
Exceptionally due to the COVID-19 outbreak globally our Terms and Conditions regarding cancellations and postponement have been temporarily amended. Please see our Coronavirus Travel Advice page for more information and our Force Majeure clause within these Terms and Conditions.
II. Terms and Conditions Regarding Cancellations (not applicable to any Force Majeure instances and/or COVID-19 pandemic):
1. Cancellations will only be accepted in writing, charges resulting therefrom will be based on the date this written cancellation is received. We recommend arranging travel insurance for your trip that covers cancellation for any reason. By accepting our Terms and Conditions you agree that JayWay Travel under no circumstances can be held liable for your insurance policy’s rejection to refund your reservation. The choice of insurance policy is your sole responsibility.
The charges for cancellations are as follows:
- Trips more than 30 days prior to departure – loss of deposit;
- Trips at or less than 30 days prior to departure – 100% of total trip cost
2. JayWay Travel can automatically cancel your reservation without your prior agreement in the event if there is any outstanding balance due to JayWay Travel less than 30 days prior to your departure. This can happen when after having paid a full trip cost, you requested extra services and did not pay for them. You can prevent this automatic cancellation by sending JayWay Travel a confirmation of the outstanding balance being paid.
3. If you are to leave the trip after it has started, you agree that no refund will be available to you for any unused services of the trip. This includes, but is not limited to, costs for accommodations, transportations, and excursions.
4. JayWay Travel has the right to cancel any trip, at any time, prior to departure due to Force Majeure situations laid down below.
5. JayWay Travel is committed to professionalism and respect towards each Customer at all times in providing high-end services. JayWay’s Team makes the best efforts to accommodate individuals’ needs of our customers and to create a positive atmosphere throughout the entire trip. We kindly encourage all Customers to be respectful towards the JayWay Travel Team and everyone on the tour. JayWay Travel reserves unilateral right to cancel the reservation, without refund of the deposit, shall a Customer demonstrate disrespectful or unruly behaviour towards JayWay Travel or their Team. This is done to secure high-quality service for other Customers on the tour.
JayWay Travel quotes prices for the tour per person or for a group. This depends on the number of Customers or arrangements of the group. The final price along with the services on the tour is available for the customer to review on the trip proposal before proceeding to payment.
D. PLAN-TO-GO DEPOSIT
1. JayWay Travel will present you with 2 (two) versions of a preliminary itinerary for our standard destinations at no charge. JayWay Travel reserves the right to charge a Plan-To-Go deposit of $500 at the beginning of planning an itinerary that includes non-standard destinations. By agreeing to our Terms and Conditions you confirm your understanding that planning a custom trip requires considerable research and our trip planners’ working time. This Plan-To-Go deposit is non-refundable but will be applied to the cost of the trip package once a proposal is confirmed. If you decide against the trip, the Plan-To-Go deposit is available to you to apply for a future JayWay Travel trip package within a year from the receipt of this payment.
2. Your trip package price is guaranteed only when your full deposit has been paid. A Plan-To-Go deposit is defined as a partial payment of the deposit.
E. REQUESTING CHANGES TO RESERVATIONS
Changes to reservations are not always possible. In the event a change to a reservation is possible, the third-party suppliers (such as accommodation providers, airlines, local operators, and others) may charge an extra fee for the alternation or the overall cost may change. The extra fees and cost differences are to be covered by you. This does not apply to adding excursions or other services to your package, only for changes to existing confirmed bookings we have made on your behalf.
F. PASSPORTS, VISAS, DOCUMENTS, & DETAILS
1. Customers are responsible for obtaining their own proper travel documents, and to enquire at the relevant consulate or visa agency whether or not visas and/or passports are required to enter or leave a destination within your trip package. Customers are required to carry a passport that is valid for at least six months beyond the termination date of your trip package and that your passport has at least four pages free of stamps, marks, or visas. Generally, visas are not required for American or Canadian citizens to visit any EU countries. You agree that any penalties, surcharges, fees, and/or expenses associated with failure to meet legal passport and visa requirements are to be covered by yourself (the Customer).
2. Customers are responsible for ensuring that JayWay Travel receives the correct name spelling(s), address(es), email(s), and other relevant contact information for yourself and all of those traveling with you included in a JayWay Travel booking. Information provided must be as stated on each Customer’s passport. You agree that any penalties, surcharges, fees, and expenses associated with the incorrect data you provided are to be covered by yourself (the Customer).
3. Any name changes, including spelling corrections, may result in your airline reservations being canceled and requiring rebooking or extra charges. Rebooked reservations are based on availability and are priced at the time of rebooking. Any change or rebooking fees associated with this name change will be your responsibility (the Customer).
By agreeing to our Terms and Conditions you understand that your trip will be secured by multiple providers, including, but not limited to, airlines, accommodation facilities, tour providers, on-land transportations. JayWay Travel is in charge of organizing your trip to be provided by vetted and trusted partners. For this reason, JayWay Travel encourages all Customers to purchase personal travel insurance as we are not liable for accidents, medical expenses, emergency repatriation, personal liability, cancellation, loss or damage to luggage or personal belongings, or excess luggage weight charges levied by airlines. The purchase of travel insurance can be made at the time of booking through our online partners. The choice of insurance policy is your sole responsibility.
1. In the unlikely event that your accommodation is unavailable upon arrival, JayWay Travel reserves the right to make a substitution on your behalf with accommodation of equal or greater value.
2. There is no standard check-in or check-out time for accommodations. These times are dictated by the accommodation owner or operator. However, there will always be an option for JayWay Travel Customers to leave their bags at a secured location, should there be a wait for check-in or if they are required to leave their accommodation on the day of check out earlier than the scheduled departure from a city. Upon your request, JayWay Travel may arrange for early check-in or late check-out. This may come at an extra fee.
1. Transfers by car, minibus, coach bus, train and/or ferry are included depending on the trip package. These transfers are subject to change without previous notice due to local circumstances. JayWay Travel is not responsible for missed transfers due to any events outside of their control. For example, flight delays or other problems including, but not limited to, time spent reporting baggage as either damaged or lost.
2. Should your arrival flight be late causing you to miss a transfer or connecting service, JayWay Travel will assist in making alternative transfer arrangements, however, additional transfer costs will not be refunded and any additional expenses incurred shall be covered by you (the Customer). JayWay Travel strongly recommends that all Customers purchase travel insurance to protect you against any such expenses incurred. If any transfer is missed due to tardiness, failure to meet at the designated check-in/pick-up area, and/or any other negligence on your behalf, JayWay Travel can not be held responsible. This includes, but is not limited to, flights, trains, group or private transportation, guides, and other transportation services arranged by JayWay Travel.
J. DAY/EVENING TRIPS (EXCURSIONS)
1. JayWay Travel’s excursions may be subject to change(s) prior to or upon your arrival at the designated destination. In the event of a schedule change, an alternative excursion will be provided on or near the scheduled date. If the alternative is of a lower value than the originally booked excursion, then you are entitled to a refund of the price difference, should you accept this alternative. If the alternative excursion has a higher price, then you will be responsible to pay the difference in price, should you accept this alternative.
2. It is your responsibility to arrive on time for the excursion. If any excursion is missed due to tardiness, failure to meet at the designated check-in/pick-up area, and/or any other negligence on your behalf, JayWay Travel can not be held responsible and you will not be eligible for a refund. If you choose to join a group tour or excursion, the number of participants on each group excursion is not guaranteed. Group sizes can vary from a sizable group to only you and your companions, but the service will always remain constant. Some excursions require a minimum number of participants and may not operate unless that minimum number is achieved. You may purchase excursions upon your arrival at each destination, however, all excursions are subject to availability.
1. If you are not satisfied with any services you must report this immediately to the JayWay Travel destination manager responsible for your trip. If the problem is not corrected during your trip you must submit your complaint, in writing via email within 15 days of completion of the trip. JayWay Travel will work with you to address the stated problem and work toward a resolution.
2. JayWay Travel cannot be held accountable or responsible for flight cancellations or delays. All such complaints must be submitted directly by you (the Customer/Passenger) to the airline(s). JayWay Travel is unable to provide any refunds for unused services, such as missed transfers, due to airline complications, missed excursions, and unused accommodations. JayWay Travel may not be held responsible for any promises made by accommodation owners, local guides, or anyone else who is not a JayWay Travel employee.
3. JayWay Travel strongly recommends purchasing proper travel and personal insurance to protect you from any unforeseeable situations and accidents during your trip.
1. JayWay Travel contracts with a network of companies and individuals to assist in the provision of trip packages. These are independent third parties vetted and qualified to perform their respective assignments.
2. All of these services are subject to third-parties terms and conditions such as transfers, accommodation, and excursions to be provided. The purchase of such services shall be considered as acceptance by you of those conditions. JayWay Travel does not operate the buses, ferries, trains, cars, airlines, or accommodations used in its trip packages so JayWay Travel shall not be responsible for changes, delays, and cancellations for such services. Also, JayWay Travel will not be responsible for any additional expense(s) incurred based on changes or delays in transport, as well as services affected by weather conditions. Any complaints of the above shall be directed to these companies providing the services and claims for any refunds connected with the above – to your insurance policy.
3. JayWay Travel will not be liable for injury, damage, loss, accident, delay, or irregularity that may occur due to the actions of third-party service providers. JayWay Travel shall not be held responsible for potential risks and dangers that you may face in travel to destinations offered by JayWay Travel, where injury, delay, or any other expected or unexpected events may occur. JayWay Travel has no responsibility, nor will accept any, for any Customer who breaks any law or regulation of any country visited.
4. JayWay Travel shall not be held responsible for the standards of quality, political environment, cuisine, sanitation, cleanliness, telecommunications, business practices, treatment, or medical services that you find or experience in these destinations. Risks may be involved with travel to these destinations due to unstable political situations, civil unrest, war, and government or private actions. JayWay Travel shall not be responsible or held liable for any of the aforementioned risks.
5. Unless authorized in writing by the other party, neither party shall sign, consent to, or state that it is authorized to sign or consent to any contract on behalf of the other party, and shall not sign any paper on behalf of the other party.
6. You shall indemnify, hold harmless, and defend JayWay Travel from and against all claims by your Customer(s), employee(s), and suppliers arising out of or in any way related to the activities of yourself and your employees, including but not limited to violations of U.S. Department of Transportation code-share, full-price, and other regulations governing the sale of travel. Your obligations under this paragraph shall survive termination of this Agreement.
7. The parties intend that each party shall be an independent contractor of the other party and not an agent or employee of the other party. The manner and means by which each party performs its duties shall be under its sole control.
8. Each party shall be responsible for the payment of all taxes arising out of its performance, work, and/or revenue generated, including without limitation, federal, state, and local income taxes. Each party shall remain independent from each other and confirm that there is no employment relationship between Workation.com, JayWay Travel Inc., and yourself as the Customer(s). Each party also agrees to comply with any state employment and workman’s compensation laws applicable to its employees and independent contractors. Each party’s obligations under this paragraph shall survive termination of this Agreement.
1. While JayWay Travel and its destination managers have a relationship with both yourself and the local suppliers that are intended to assist in providing better services to you through such local suppliers, JayWay Travel shall in no way be affected by those relationships. Any damages or loss that may result from any conduct, action, or inaction by a local supplier as well as any dispute(s) – or judgment resulting therefrom – between yourself and said local suppliers are not the responsibility of JayWay Travel and JayWay Travel shall not be a party to any such conduct, action, inaction or disputes.
2. In the event of any damages, loss, accidents, injuries, or death your complaints shall be directed to the local provider of a specific service and your insurance policy. You agree not to claim any damages or liability of JayWay Travel in the case of the aforementioned events.
N. FORCE MAJEURE CLAUSE
1. JayWay Travel shall not be liable or responsible for failure or delay in fulfilling or performing any obligations under the current Terms and Conditions when such failure or delay is caused by or results from causes beyond the reasonable control of JayWay Travel. This includes, but is not limited to, arsons, fires, floods, embargoes, wars (declared and undeclared), insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, enactments or amendments of laws and regulations, omissions of Governments, including, but not limited to, quarantine implementation measures, infectious disease outbreaks (including but not limited to, the pandemic of Coronavirus, also referred to as COVID-19) or any technical catastrophes and accidents.
2. JayWay Travel shall act in good faith and use reasonable commercial efforts to avoid or remove existing causes for nonperformance of their duties. JayWay Travel shall notify its customers in writing of any delay or failure to perform occurring from a Force Majeure. JayWay Travel shall resume its obligations when it is considered reasonable after the cause of non-performance ceases to exist.
O. FORCE MAJEURE CREDITS
1. Should a Force Majeure event occur and JayWay Travel be unable to perform their duties properly for reasons outside of their control, JayWay Travel shall apply a Force Majeure credit for their existing customers and respective reservations.
2. The Force Majeure credit implies the best commercial efforts of JayWay Travel to preserve the full value of a reservation by existing customers and create a credit with JayWay Travel for a future trip. The Force Majeure credit excludes refunds except for exceptional cases referred to below.
3. A Force Majeure credit granted to a customer is valid until the end of the calendar year after the original start date of the original itinerary. JayWay Travel will inform their customer of the Force Majeure credit in writing via email.
4. JayWay Travel will apply Force Majeure credit only under all of the following circumstances:
- Occurrence of Force Majeure.
- Request to cancel a reservation by a customer.
- Refund of the reservation by third parties (this includes third parties securing different parts of the reservation such as airlines, transfers, hotels, excursions, guides, and other tourism-related services).
5. The Force Majeure credit can be applied with respect to each customer only if all of the above three requirements are met. The Force Majeure credit is considered to be granted when a customer in question signs a Consent Form for Future Travel Credit digitally.
6. JayWay Travel shall act in good faith to preserve the full amount paid for the reservation and credit it for the customer’s future trip. JayWay Travel shall not be liable for third parties’ rejection to refund existing reservations or granting a partial refund.
7. Should JayWay Travel come to an agreement with a customer regarding cancellation of reservation and crediting respective funds for future travels, no further re-negotiations are admissible. Upon reaching an agreement on the Force Majeure credit, JayWay Travel shall send the customer via email an offer of future travel credit to sign digitally. Shall the customer sign this offer digitally, they agree that the offer is final, satisfactory and cannot be revisited in the future under any circumstances. The customer likewise precludes themselves from pursuing any other avenues to return the non-refundable deposit.
8. In the event that a customer does not reply to JayWay Travel’s Consent Form for Future Travel Credit for one week from the day the offer was sent to the customer’s email, then the offer subsequently expires and is subject to change.
9. A Force Majeure credit transitioned from a deposit payment may only be applied toward a deposit payment for the rescheduled trip.
P. FORCE MAJEURE REFUNDS
1. Notwithstanding this Force Majeure credit policy, a customer, or their family member can request a reservation refund from JayWay Travel in any of these exceptional circumstances:
- Death of a customer or an immediate family member.
- Serious illness or grave injury of a customer occurring after the reservation was made, which is a condition that carries a high risk of mortality, negatively impacts the quality of life and daily function. The customer has to be diagnosed with a serious illness. No doctor’s recommendations to abstain from traveling, pre-existing conditions, potential risk to contract an illness or any other documents apart from a diagnosed serious illness are acceptable.
2. JayWay Travel shall be informed of the death of a customer or immediate family member or customer’s serious illness without reasonable delay, but not later than ten calendar days after the death or serious illness diagnosis and no later than ten calendar days before the trip is scheduled to begin. Shall the customer fail to comply with this requirement or if a customer or an immediate family member be deceased later than ten calendar days before the scheduled trip, their request for refund will be subject to cancellation policies and non-refundable services.
3. JayWay Travel shall consider a refund only if any of the circumstances referred to above in the opening paragraph of this section prevent the customer from embarking on a booked trip. The customer shall coordinate to have the documentary evidence sent directly to JayWay Travel by the Medical Doctor, Hospital, Funeral Home, or relevant entity relating to any of the above circumstances and prove that these circumstances prevent them from embarking on the trip. Any forged or fraudulent documents presented to JayWay Travel will be reported to the authorities.
4, Should JayWay Travel decide in favor of a refund, a fee for JayWay Travel services shall be deducted. This fee is variable from reservation to reservation, but cannot exceed 50% of the full trip cost. JayWay Travel shall decide in each case about the percentage of such service fees.
5. Upon reaching an oral agreement on the Force Majeure Refund, JayWay Travel shall send the customer via email a Consent Form for Force Majeure Refund and offer to sign it digitally. Shall the customer sign this Consent Form, they agree that the offer is final, satisfactory, and cannot be revisited in the future under any circumstances. The customer likewise precludes themselves from pursuing any other avenues to return the non-refundable deposit.
6. In the event that a customer does not reply to JayWay Travel’s Consent Form for a Force Majeure for one week from the day the offer was sent to the customer’s email, then the offer subsequently expires and is subject to change.
Q. DISPUTE RESOLUTION
1. In the event of a dispute regarding the Terms and Conditions, the Parties shall act in good faith to resolve the dispute amicably through negotiations.
2. If the dispute is not resolved within a reasonable time, but not longer than one month, any or all outstanding issues may be resolved through mediation or litigation. In the latter case the Parties agreed that the courts of the State of New York, in the United States of America, shall have exclusive jurisdiction in respect of any disputes arising from the Terms and Conditions. These Terms and Conditions shall be governed by New York laws.
R. PROMOTIONAL RELEASE
During the course of a tour, photographs or videos may be taken to be used by JayWay Travel or our local partners in promotional campaigns including, but not limited to, print, online advertising, our websites, and social media profiles. You will always be informed in advance of such content being taken and you will be offered the choice of being included or excluded. By agreeing to be included in the content you allow JayWay Travel or its local partners to use that content for promotional purposes.
S. TRAVELING DURING THE COVID-19 PANDEMIC
1. With the COVID-19 pandemic traveling has changed. Presently, JayWay Travel’s operation is subject to new laws, regulations, and bylaws governing travel at this time. This Section is designed to raise your awareness to the extent possible about traveling during COVID-19.
2. The United States Department of State advises all U.S. citizens to read the country-specific travel advisories and U.S. Embassy COVID pages for updates on the impact of COVID-19 worldwide. The State Department stresses that international travel may include mandatory quarantines, travel restrictions, and closed borders, which might be introduced at little notice. JayWay Travel reiterates the message of the United States Department of State.
3. We strongly recommend that you monitor notification of the Centers for Disease Control and Prevention (CDC) for the latest information regarding COVID-19 before your trip.
4. By booking a tour with us during the COVID-19 pandemic, you agree to the following:
- The COVID-19 pandemic is indisputably beyond JayWay Travel’s control. COVID-19 and related restrictive measures cannot possibly be predicted, affected, altered, or avoided by JayWay Travel. Therefore you understand that it is your sole responsibility to verify the latest domestic and international travel restrictions in connection with COVID-19 including, but not limited to, referring to the above and other reliable and official sources. JayWay Travel remains at your disposal at all times and upon your written request will be able to advise you about the situation in your destination country. Failure to familiarize yourself with the latest rules and regulations concerning COVID-19 pandemics is your sole responsibility.
- Being fully aware of the ongoing COVID-19 pandemic and the inherent risk to travel, you are accepting not to hold JayWay Travel liable for any travel restriction, cancellations, and delays by transportation, accommodation, entertainment, and other relevant institutions and providers. You fully agree that the above events fall outside of JayWay Travel’s control.
- You understand that it is your responsibility to have travel insurance to ensure you have coverage for all medical needs, trip cancellation, and other unpredictable changes to your trip. You also understand that concerns or fear of travel is not a covered reason for cancellation relating to COVID-19. You will not hold JayWay Travel responsible for your decision not to purchase travel insurance or any denial of the claim by travel insurers relating to COVID-19 or any other claim under your policy.
- You understand that the above restrictive measures, including, but not limited to, the measures affecting destination country entry and departure regulations might change during your trip, and in turn which might affect your trip. You will not hold JayWay Travel responsible for the above.
- You are aware that additional screening procedures and restrictions may take place at airports and in public areas. You are aware that these restrictions may include mandatory face coverings and/or temperature checks in airports, hotels, ships, trains, or other means of transport. You fully agree to follow and comply with preventing measures against COVID-19 spread introduced by local governments. You understand that failure to comply with these requirements might result in a denial of services or access to certain facilities, moreover, depending on jurisdiction, you might be held liable for breaking the law. You agree that failure to follow the above regulations is your sole responsibility.
- You are fully and personally responsible for your own safety and actions during your trip and you recognize that you may be at risk of contracting COVID-19. You will not hold JayWay Travel responsible for the above.
5. With full knowledge of the risks involved you release, waive, discharge JayWay Travel, Inc. from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by you related to COVID-19 while on tour, participating in any activity, while during or in transit to/from the trip that may lead to unintentional exposure or harm due to COVID-19.
6. You agree to indemnify, defend, and hold harmless JayWay Travel from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims due to injury, loss, or death from or related to COVID-19.
7. The rules of this Section remain effective for any matters arising from your trip during the COVID-19 pandemic.
8. JayWay Travel may choose to sign a Liability Release Waiver individually with each customer via online methods. The existence or non-existence of such an individual waiver signed with each customer does not invalidate any part of this Section of the Terms and Conditions.
9. By booking a tour with us you hereby acknowledge that you have read this Section of the Terms and Conditions; that you are at least eighteen (18) years old and fully competent to give your consent; that you have been sufficiently informed of the risks involved and that you give your voluntary consent in accepting the Terms and Conditions as your own free act with full intention to be bound by the same, and free from any inducement or representation.
10. You agree to the Terms and Conditions on behalf of any dependents traveling with you. Insofar as adult family members, other adults, and otherwise legally capable travelers on your reservation are concerned, you agree to introduce the foregoing Terms and Conditions to them before booking a tour with us and sharing their personal information. You represent that you have presented the Terms and Conditions to all persons traveling with you and that they have fully and validly accepted the Terms and Conditions after having read them.
T. RENTAL ITEMS & EQUIPMENT
1. TERMS. Customer’s rental of the Equipment is conditioned upon customer’s agreement with the foregoing Terms and Conditions. “Equipment” is the equipment and/or services identified in writing in the tour package or as requested by you, the customer. Customer represents that the rental location where the Equipment will be located throughout the Rental Period and is identified on the trip package.
2. FORCE MAJEURE. JayWay Travel is not liable for any delay or failure to deliver the Equipment due to causes beyond JayWay Travel’s control, including, but not limited to, acts of God, fires, strikes, lockouts, lockdowns or any other measures emerging from COVID-19, floods, government laws, regulations, embargoes, shortages of material, components, or labor disputes, change of design, or discontinuances of manufacture. Any delivery dates stated on the trip package shall be extended by the time resulting from any such delay.
3. RENTAL CONTRACT. JayWay Travel hereby rents to Customer and Customer rents from JayWay Travel the Equipment pursuant to this trip package. Customer shall pay JayWay Travel the rental rates (including any minimum rental identified on the Agreement Form, and other charges described herein when due, return the Equipment to JayWay Travel as required herein and otherwise comply with the Agreement Form. This Agreement Form is a true lease. The rental equipment is and shall remain the personal property of JayWay Travel. The rental equipment shall not be considered affixed to real property. The rental equipment shall be maintained by Customer such that the rental equipment may be removed without damaging any building or property.
4. PERMITTED USE. Customer agrees that JayWay Travel has no control over the manner in which the rental equipment is operated during the Rental Period by Customer or anyone that Customer implicitly or explicitly permits. Customer warrants that prior to each use of the rental equipment, Customer has or will inspect the Equipment to confirm that the rental equipment is in good condition, without defects, includes readable decals and operating and safety manuals and is suitable for Customer’s intended use. Customer shall immediately notify JayWay Travel if the rental equipment is lost, damaged, stolen, unsafe, disabled or malfunctioning, defects are discovered, the rental equipment is levied upon, or threatened with seizure, or if an Incident occurs. Customer has received from JayWay Travel all information needed or requested regarding the operation of the rental equipment. JayWay Travel is not responsible for providing operator or other training unless Customer specifically requests and pays for training that JayWay Travel has agreed to provide.
5. CUSTOMER LIABILITY FOR DAMAGE AND LOSS. CUSTOMER ASSUMES DURING THE RENTAL PERIOD (DEFINED BELOW) ALL RISKS ASSOCIATED WITH THE POSSESSION, CUSTODY, AND OPERATION OF AND FULL RESPONSIBILITY FOR, THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, RENTAL CHARGES, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING TRANSPORT, LOADING, AND UNLOADING. “Incident” is any fine, citation, theft, accident, casualty, loss, injury, death or damage to person or property, claimed by any person, or may be or appears to have occurred on, in connection with, or around the Equipment. After an incident, Customer shall (a) immediately notify the police and JayWay Travel; (b) secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident, until JayWay Travel and/or its designees investigate such Incident (c) immediately after receipt submit to JayWay Travel copies of all police or other third party reports and notify JayWay Travel of any other reports; and (d) pay JayWay Travel, in addition to other sums due herein the rental rate for Equipment until the repairs are completed or Equipment replaced plus (i) the manufacturer’s list price on the date of the loss (“MSLP”) of the lost or destroyed Equipment (“lost” being when Equipment location is unknown, or Customer in unable to recover for a period of 30 days): or (ii) the full cost of repairs of damaged Equipment. Accrued rental charges shall not be applied against such additional amounts. JayWay Travel shall have the immediate right, but not obligation, to reclaim any Equipment involved in any Incident.
6. NO WARRANTIES. JayWay Travel does not design or manufacture the Equipment and is not the agent of the party (ies) that do. JayWay Travel disclaims any and all representations and warranties, express or implied, with respect to the Equipment and its durability, condition, merchantability, or fitness for any particular purpose. Customer acknowledges acceptance of the Equipment on an “AS IS WHERE IS” basis with “ALL FAULTS” and without any recourse whatsoever against JayWay Travel. Customer assumes all risks associated with the Equipment and releases JayWay Travel from any and all liabilities and damages (including lost profits, personal injury, and special and incidental, and consequential damages) in any way connected with the Equipment, its operation or use or any defect or failure thereof or a breach of JayWay Travel obligations herein.
7. RELEASE AND INDEMNIFICATION. To the fullest extent permitted by law, Customer indemnifies, releases, holds JayWay Travel harmless and at JayWay Travel request, defends (with counsel approved by JayWay Travel) from and against all liabilities, claims, losses, damages, and expenses (including reasonable attorney’s fees and expenses) however arising or incurred, related to any incident, or violation of law or regulation caused by or connected with the use, possession, or control of the Equipment during the rental period or breach of this contract, whether or not caused by the active or passive negligence or other fault of any party indemnified herein and any of the foregoing arising or imposed in accordance with the doctrine of strict or absolute liability. Customer’s indemnity obligations shall survive the expiration or termination of this contract. If any part of this section is determined invalid by a court or competent jurisdiction, the customer agrees that this release and indemnification shall be enforceable to the fullest extent permitted by law.
8. MISCELLANEOUS. If the present Terms and Conditions identify any Equipment that is to be purchased by Customer, JayWay Travel sells and delivers such Equipment to Customer on an “AS IS WHERE IS” basis, with all faults and without any warranties (other than manufacturer warranties, if any) in consideration for Customer’s payment to JayWay Travel of the purchase price of the Equipment.