Terms & Conditions

1. Services; Payment.  Jessica Drew shall provide Client with travel planning, itinerary design, travel consultation, and coordination of travel bookings through third-party Suppliers and Partners, and advisory services (“Services”) in exchange for payment outlined on Attachment A, which is incorporated by reference. Jessica Drew shall not be obligated to provide any services aside from those on Attachment A. Client shall communicate timely; provide accurate, complete, and current information for bookings or otherwise; and comply with the policies outlined on Attachment B, which is incorporated by reference. Payments to Jessica Drew are non-refundable.
   

2. Suppliers and Local Partners. Jessica Drew is not the source or supplier of any travel services. Jessica Drew acts solely as a booking agent for disclosed principal supplier hotels, airlines, ground transportation, and other companies providing accommodations, transportations, and/or other services (“Supplier”). Each Supplier is an independent entity with its own management and is not subject to Jessica Drew’s control. Moreover, Jessica Drew often works with local in-country vendors and operators (“Partners”) to provide services to Client. Those Suppliers and Partners have their own terms and conditions that Client must follow.  As a condition to receiving the Services hereunder from Jessica Drew, Client agrees to follow any Supplier’s or Partner’s terms and conditions, which are incorporated herein by reference. 
   

3. Credit Card Authorization; Hotel-Only Booking.  For hotel-only bookings facilitated by Jessica Drew, Client authorizes Jessica Drew to transmit Client’s credit card information to the applicable Supplier or Partner for processing in accordance with that Supplier’s or Partner’s policies. Jessica Drew may request that Client complete a separate credit card authorization form prior to such transmission. Client acknowledges that charges for hotel reservations, deposits, or fees are subject to that Supplier’s or Partner’s own policies, and that Jessica Drew’s role is limited to arranging the booking on Client’s behalf.
   

4. Intellectual Property; Use Restrictions.  All itineraries, destination research, digital guides, travel documents, pre-departure packets, and related materials created or provided by Jessica Drew (“Work Product”) are and shall remain Jessica Drew’s sole property. Client receives a limited non-exclusive, non-transferable license to use the Work Product for personal travel purposes only. Client shall not reproduce, share, publish, sell, or use any portion of the Work Product for commercial purposes, including to operate or promote a business, create competing services, or otherwise profit from Jessica Drew’s proprietary materials. Any unauthorized use of the Work Product constitutes a material breach of this Agreement.
   

5. Disclaimer for Digital Work Product.  All Work Product provided by Jessica Drew may include the following disclaimer: “This material is for the recipient’s personal use only and may not be shared, copied, or used for any commercial purpose.” Client agrees not to remove or alter this disclaimer from any Digital or printed Work Product.
   

6. Term & Termination.  This Agreement is effective as of the date Client executes it. Either party may terminate this Agreement by providing written notice, with such notice sent to the email address commonly used by the parties.  
   

7. Limitation of Liability.  Jessica Drew shall not be liable to Client or any third party for any incidental, consequential, indirect, statutory, special, exemplary, or punitive damages.  Jessica Drew shall not be responsible for any loss Client incurs with respect to a Supplier’s or a Partner’s terms and conditions, cancellation policies, charge fees, and/or penalties, or for Client’s failure to comply with any of the foregoing. Jessica Drew will not assume responsibility for any air or schedule changes, missed or otherwise delayed flights, airport rules, or departure taxes that require payment in cash. In no event shall Jessica Drew’s aggregate liability arising out of or related to this Agreement exceed the aggregate amounts paid to Jessica Drew by Client in the 12 months preceding the date the claim arose.  
   

8. Indemnification; Chargeback Indemnification. (a) Client indemnifies, holds harmless, and agrees to defend Jessica Drew from and against any third-party claims brought against Jessica Drew that arise from Client’s intentional or negligent conduct.  (b) If Client disputes charges with Client’s credit or debit card provider, and that dispute results in a chargeback, and the Supplier or Partner passes through such costs to Jessica Drew, then Client hereby agrees to defend, indemnify, and hold harmless Jessica Drew for any losses incurred in connection with a credit card or debit card chargeback related to a service provided by a Supplier or Partner. 
   

9. Confidential Information. Under this Agreement, Client may provide Jessica Drew with Client’s full legal name, date of birth, medication information, dietary restrictions, emergency contact, copy of Client’s valid passport, and any other personal information (“Confidential Information”) that Jessica Drew may request to enable it to render the Services. Client agrees to provide Jessica Drew with accurate Confidential Information in a timely manner. Jessica Drew agrees to only use Client’s Confidential information to render the Services hereunder. Jessica Drew shall not be liable for any mishandling or misuse of Client information by third parties.
   

10. Force Majeure. Jessica Drew shall not be liable for failure to perform its Services or other related obligations when such failure results from Acts of God (including fire, flood, earthquake, storm, hurricane, volcano eruption, or other natural disasters), war, invasion, acts of foreign enemies, cyber-attacks, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalism, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, internet or telephone services, or illness, accident, or death of Jessica Drew’s representative, any one of which could make delivery of Services impaired or impossible to perform.
    

11. Arbitration.   Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and the Commercial Expedited Procedures. Judgment on the award rendered by the arbitrator(s) may be entered in any court with jurisdiction. The arbitration shall be governed by North Carolina state law without regard to conflict of law principles.  Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. If breach of this Agreement results in arbitration, the losing party in such arbitration shall pay the prevailing party’s legal fees and costs.  
    

12. Miscellaneous.  This Agreement and its attachments are the entire understanding between the parties related to the subject matter herein and supersedes all previous agreements related to the same. This Agreement shall not be changed unless such change is in writing and signed by the parties. Waiver of a breach of this Agreement or failure to enforce this Agreement on one or more occasions shall not be construed as a waiver of any subsequent breach.  Before signing, all parties had an opportunity to review this Agreement and request any changes. Any ambiguity found in this Agreement shall not be construed against the drafter. If any portion of this Agreement is found to be invalid, then the remaining, valid portions of the Agreement shall still be enforceable.