Terms and Conditions – SeaWorld and Travel Agency

VACATION PACKAGE TERMS AND CONDITIONS The following terms and conditions (“terms and conditions” or “agreement”) apply to all vacation packages sold by SeaWorld Parks & Entertainment, Inc. or its subsidiaries (collectively, “SEA”) for its theme parks.  All vacation packages sold in the State of Florida constitute prearranged travel sold by Sea World LLC.  Sea World LLC is registered with the State of Florida as a Seller of Travel, Registration No. ST35724.Charges All prices shown are in U.S. Dollars ($) and include applicable taxes, fees and charges, except as otherwise noted.  Package prices may require a minimum stay of one or more nights. All package prices are subject to change due to imposition of taxes or other charges by governmental authorities.  All persons on the same reservation must purchase the same vacation package. Other charges may be incurred that are not included in the quoted package price. While not all inclusive, examples include, hotel extra-person or extra-bed charges, resort fees, gratuities, hotel energy and/or telecommunications surcharges, parking fees, telephone fees, room service, movies, mini-bar, and other incidentals.Hotel Accommodations Hotel check-in varies by location. Two double beds are standard in the room unless otherwise stated. Charges for in-room safes, rollaway beds and cribs, plus applicable taxes, are not included in the package price and are payable directly to the hotel.  Gratuities, resort fees, parking fees, laundry, telephone calls, meals, beverages, sightseeing or any other incidentals at the hotel are the responsibility of the guest.  Adjacent rooms and/or connecting rooms, room locations, types of bedding and smoking preferences are on a request-only basis and subject to availability.Deposits and Payments Payments must be made by credit card for internet sales.  Accepted forms of payment are American Express®, MasterCard®, Discover® Card and Visa®. Payment in full is required for the booking of a vacation package.Pricing of Components in the Package We are not able to disclose the pricing of the components within the vacation package.Revisions, Cancellations and Refund Policy If a vacation package is cancelled more than 72 hours prior to 6 p.m. on the scheduled date of arrival (more than 30 days prior to the scheduled date of arrival for Discovery Cove reservations), the cost of the vacation package is refundable.  There are no refunds if the vacation package is cancelled within 72 hours of 6 p.m. of the scheduled date of arrival (within 30 days of the scheduled date of arrival for Discovery Cove reservations). Refunds are not given on individual components of the package. Unused portions of vacation packages are not eligible for refund. All vacation packages are non-transferable.Applicable Law and Responsibility Both parties agree that all claims, disputes and matters whatsoever arising under or in connection with your booking and these policies and procedures shall be governed by the laws of the State of Florida processing (without regard to conflict of laws) and shall be litigated, if at all, in and before a court located in Orange County, Florida, USA, to the exclusion of the courts of any other state or country. All proceedings to resolve or litigate a dispute in any forum shall be conducted on an individual basis between the parties and neither party shall seek to have any such action heard as a class action, private attorney general action or in any representative capacity.  SEA is not responsible for any error or omission. SEA is an independent wholesaler and is not responsible for any acts or omissions by the hotel. SEA shall not be responsible or liable in any way for any loss, injury (including personal injury), or any damage caused or arising in connection with customer’s travel or other services or products provided through SEA, including but not limited to, any transportation, accommodations, attractions, meals, or other services, due to any acts of God, weather, strikes, acts of Government or other authorities, wars, civil disturbances, hijacks, thefts, or any other circumstances beyond our control. The terms and conditions of the transportation providers (including all applicable tariffs) shall apply to all transportation services.   Upon a deposit for, and/or purchase of a vacation package, or through an electronic acknowledgment of acceptance of these terms, the guest accepts and agrees to these terms and conditions. This agreement constitutes the final, complete and exclusive understanding between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements in regard thereto. If either party commences legal action to interpret or enforce the terms of this agreement, the prevailing party in such action shall be entitled to recover reasonable attorneys’ fees and costs, including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or similar proceeding. The parties have not relied upon any promises, warranties or undertakings other than those expressly set forth in this agreement. If any provision of this agreement is deemed to be invalid or unenforceable by any court of competent jurisdiction, then the balance of this agreement shall remain enforceable, and such invalid or unenforceable provision shall be enforced by such court to the maximum possible extent.     

TERMS AND CONDITIONS OF MY MICKEY VACATION TRAVEL AND/OR DREAMS FULFILLED TRAVEL

I have reviewed the dates, times, payment due dates, and cancellation policy for reservations made on my behalf by My Mickey Vacation Travel, and I agree that they are correct and accurate. Notice: Passenger(s) are required to carry proper identification when traveling. You as the traveler are responsible for understanding & obtaining the proper travel documents in advance of your travel commencement.My Mickey Vacation Travel acts as a sales agent for any airline, hotel, car-rental company, tour operator, cruise line, or other service provider named in your itinerary (“Suppliers”). My Mickey Vacation Travel is not responsible for acts or omissions of the Suppliers or their failure to provide services or adhere to their own schedules.  For Walt Disney World travel, I give my express permission to representatives of My Mickey Vacation Travel to create a My Disney Experience account on my behalf on the Disney website for purposes of planning my vacation. I understand that my representative from My Mickey Vacation Travel will review all privacy settings with me, and will provide all information necessary as it relates to integrated experiences while at Walt Disney World, including but not limited to dining and other features. I also understand and agree that I may opt out of any integration with my experience at Walt Disney World.  I agree to all of the terms and conditions of My Disney Experience as found at http://disneyworld.disney.go.com/media/park-experience-terms-andconditions.html, and authorize my representative of My Mickey Vacation Travel to accept these terms on my behalf.My Mickey Vacation Travel assumes no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of the Suppliers; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by the Suppliers; or (3) any wrongful or negligent acts or omissions on the part of any other party not under My Mickey Vacation Travel’s control. You hereby release My Mickey Vacation Travel from all claims arising out of any problem covered in this paragraph.You agree that the courts in Orange County, Florida will be the exclusive jurisdiction for all claims brought by you or My Mickey Vacation Travel, and you hereby submit to the personal jurisdiction of those courts.Fee Based Services: My Mickey Vacation Travel offers fee-based travel planning services which are separate and distinct from the booking services provided as an agent of any supplier. Fee bases services are available for consulting and itinerary planning. Any and all planning fees will be discussed in advance between the travel agent and the client.  Fees for such services will be collected by My Mickey Vacation Travel via credit cards through a secure merchant service. At no time will My Mickey Vacation Travel ever use our merchant service to collect a travel deposit on behalf of a supplier. My Mickey Vacation Travel will be held harmless, assumes no liability, and expresses no warranty as to these services. Although every effort will be made by My Mickey Vacation Travel to obtain any and all requested advance dining reservations, if requested, My Mickey Vacation Travel can not be held liable for any inventory issues on behalf of the suppliers that prohibit the obtaining of specific reservation times.I further understand and acknowledge that travel to many parts of the world may involve the risk of a variety of hazards to my health and/or safety, including but not limited to disease, crime, terrorism, and warfare.  Because each traveler’s risk tolerance is different, [your travel agency name] is not in a position to advise me whether I should travel to any particular place at any particular time.  Rather, to assist me in making an informed decision, I should refer to objective third-party sources of travel information, such as that maintained by the U.S. Department of State (travel.state.gov).   For medical information, My Mickey Vacation Travel recommends contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel.I will review my travel documents for accuracy upon receipt and understand that I may contact My Mickey Vacation Travel if I have any questions. I understand that discounted fares typically involve restrictions and that changing any aspect of my travel arrangements may result in the payment of additional money.I have been advised to use a credit card as this may offer me the opportunity to dispute the charge should a vendor cease operating.I understand that the Transportation Security Administration (TSA) requires me to carry a government-issued identification card in order to board a flight. I have been advised that the name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on my airline ticket and in my booking records. I acknowledge that my failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing me to miss my flight.  I further acknowledge that beginning on October 1, 2020, I must present a driver’s license or another form of identification that complies with the requirements of the Federal Real ID Act (see www.dhs.gov/real-id for more information).I understand that if traveling internationally, I must have a valid passport and, depending upon my destination and nationality, I may need to obtain one or more visas.Note to Client: Passport and visa information may be obtained by contacting the Travel Agent Section of the U.S. State Department at 202.647.5225 or by visiting the State Department’s Web site at travel.state.gov. Non-U.S. passport holders should be sure to contact the embassies of their destination and transit countries to obtain entrance requirements. To obtain medical information, you may contact the Centers for Disease Control at 404.332.4559 or visit the CDC’s Web site at www.cdc.govI understand that the airline tickets, air tours or other products I am purchasing are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government. I acknowledge that I may be charged additional sums by [your travel agency name] to offset increased fees, fuel surcharges, taxes, fluctuations in foreign exchange markets or any combination thereof. I hereby consent to any post-purchase price increases and authorize [your travel agency name] to charge my credit card for such additional amounts.

COVID-19 DISCLAIMER AND RELEASE

  1. Health and Other Hazards: You agree that it is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and travel restrictions with regards to the risks of COVID-19. We assume no responsibility for and shall not be liable for unsafe conditions or health hazards including pandemics or other illnesses. We have no special knowledge of dangers during travel or at destinations. For information related to such dangers, we recommend going to the State Department travel website at www.travel.state.gov, click on “Find International travel Information” then click on “Country Information”, and fill in the name of the destination country. For medical and health information, we recommend going to the Centers for Disease Control website at www.cdc.gov/travel, then click on “Destinations” and scroll to the name of the destination country.
  2. Vaccination Requirements and Other Rules: We have no responsibility for COVID-19-related requirements that travel suppliers and governments may impose from time to time, such as required vaccinations, health affidavit forms, COVID-19 screenings prior to departure or upon arrival, face coverings, or quarantines. For the latest COVID-19 government travel regulations, we recommend going to IATA’s website at https://www.iatatravelcentre.com/international-travel-document-news/1580226297.htm. For the latest travel supplier requirements, check the website of each supplier, and keep checking because these rules are constantly changing, and we are not responsible for those changes.
  3. Financial Condition of Travel Suppliers: We are not responsible for the acts or omissions of travel suppliers or their failure to adhere to their own schedules, provide services or refunds, financial default, or failure to honor future trip credits. We have no special knowledge regarding the financial condition of the suppliers, and we have no liability for recommending a trip credit in lieu of a refund.
  4. Rebooking: If requested, we will assist with obtaining any refunds due or rebooking trips using future credits, but we will charge a nonrefundable fee for such services.
  5. Insurance: For your protection, we strongly recommend that you purchase trip cancellation and travel accident insurance. Please note that, unless you buy a cancel-for-any-reason policy, most policies have a specific clause stating they do not cover epidemics and pandemics, especially when travel warnings are in place. No representation or description of the insurance made by our staff constitutes a binding assurance or promise about the insurance. You agree to hold us harmless for your election not to purchase travel insurance or for any denial of claim by travel insurer as it relates to COVID-19 or any other claim under the policy.
  6. RELEASE: YOU HEREBY EXPRESSLY ASSUME ALL OF THE RISKS AND DANGERS COVERED IN PARAGRAPHS 1-3 ABOVE, AND YOU HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD US, AND OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, ASSOCIATES, AFFILIATED COMPANIES, GUIDES, GROUP LEADERS, AND SUBCONTRACTORS HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS,  CAUSES  OF  ACTIONS, SUITS, CLAIMS, AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHATSOEVER WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ARISE OUT OF OR IN CONNECTION WITH THESE RISKS AND DANGERS.
Claims Deadline and Exclusive Jurisdiction: You agree to present any claims against us within 30 days after your trip ends and to file suit within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year. You agree that the courts in Orange County, Florida will be the exclusive jurisdiction for all claims brought by you or us, and you hereby submit to the personal jurisdiction of those courts.I understand that I may purchase travel insurance to cover certain risks inherent in travel such as supplier bankruptcy and the inability to travel due to a medical or personal emergency.