The MADAGASCAR EXPERIENCE Terms of Service (“Terms”) is a legal agreement between you and MADAGASCAR EXPERIENCE LLC, d/b/a Madagascar Experience (“ MADAGASCAR EXPERIENCE TEAM,” “we,” “us,” or “our”) that governs your interaction on MADAGASCAREXPERIENCE.ORG (the “Site”) and your purchases and use of products and services made available through the Site.  The term “you” refers to the customer visiting the Site and/or booking a reservation through us on the Site or through our service providers. By accessing or using the Site, making any reservation on the Site, or contacting any of our service providers to make a reservation, you agree that the Terms then in force shall apply. If you do not agree to the Terms, please do not use or book any reservations through the Site or our service providers.  We have the right to change the Terms at any time without notice, effective upon its posting to our MADAGASCAR EXPERIENCE website. Your continued use of MADAGASCAREXPERIENCE.ORG shall be considered your acceptance to the revised Terms.

 

Prohibited Activities

The content and information on the Site (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us.   While you may make limited use of travel itinerary and related documents for travel or service reservations booked through the Site, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Site.  You also agree not to:

1. Use the Site or its contents for any commercial purpose;

2. Make any false or fraudulent reservation;

3. Access, monitor, or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission.

 

Intellectual Property

MADAGASCAR EXPERIENCE either owns, or has licensed, all U.S. legal right, title and interest in and to MADAGASCAR EXPERIENCE, including but not limited to, any trademark, copyright, patent, trade secret, trade dress, service marks and other worldwide intellectual property rights as they relate to MADAGASCAR EXPERIENCE (the “Intellectual Property”). These Terms do not grant you any rights with respect to the Intellectual Property.

 

Service Provider Terms

You agree to abide by all additional terms and restrictions, including without limitation, availability, age and occupancy requirements, pet policies, policies on children, fares and other restrictions. You agree that any violation of any such terms and/or restrictions may result in cancellation of your reservation, forfeiture of costs and expenses in connection with your reservation, and being charged by MADAGASCAR EXPERIENCE for any costs we incur as a result of such violation.

 

Liability Disclaimer

The information, software, products and services published on the Site may include inaccuracies or errors, including pricing errors. In particular, we do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel and other travel products and services displayed on the Site (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, we expressly reserve the right to correct any pricing errors on the Site and/or pending reservations made under an incorrect price. 

 

In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display, or use of this Site or with the delay or inability to access, display or use the Site (including, but not limited to, any computer viruses, information, software, linked sites, products and services obtained through this Site; or otherwise arising out of the access to, display of, or use of the Site  whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if we have been advised of the possibility of such damages.  

 

If, despite the limitation above, we are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then our liability will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to us in connection with such transaction(s) on the Site, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency. 

 

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. 

 

Risk and Indemnity

You assume the responsibility to select or design the trip most appropriate to their physical abilities and interests. You are responsible for being in sufficiently good health to undertake their trip; for obtaining the appropriate medical and cancellation insurance; for studying all pre-departure information; and for acting in a manner considerate of fellow travelers and the countries visited. You assume full responsibility for all risks, including but not limited to any loss, injury, death or damage to them, their family or their dependents arising in connection with their participation, or the participation of their family, in the trips, and for ensuring that they have adequate insurance coverage to cover any loss.

 

MADAGASCAR EXPERIENCE reserves the right to decline accepting or retaining any traveler whose health or actions in MADAGASCAR EXPERIENCE’s sole judgment impede the operation of a trip or the welfare or enjoyment of fellow travelers.

 

You agree to indemnify, defend, and hold harmless MADAGASCAR EXPERIENCE, its affiliates, officers, directors, employees, agents, service providers and licensors from and against all losses, liabilities, costs (including, without limitation, attorneys’ fees and costs on appeal or at trial), damages, judgments, claims, of every kind and nature, to the fullest extent permitted by law, arising from or relating in any way to (i) products or services you have purchased through the Site, (ii) your breach of these Terms or the documents referenced herein, or (iii) your violation of any law or the rights of any third party.

 

*All trip schedules and activities are subject to change before and during the trip.*