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Just Wing It Vacations

info@justwingitvacations.com

1-951-223-5922

©2019 Just Wing It

Just Wing It is an accredited travel agency. Just Wing It is a member of Outside Agents Host Agency and is licensed to sell travel in all of the United States of America.
Florida: ST15578 / California 2090937-50 /

Washington: 603189022/ Iowa: 1202

TERMS AND CONDITIONS

Just Wing It Vacations 

Terms of Use - Overview

First, let’s review, in simple language, how Just Wing It works, what we offer, and what we do not offer. Afterward, the terms and conditions (the legal stuff) will be presented.

 

General Overview: What is Just Wing It?

 

Just Wing It is a surprise travel agency. We plan trips in destinations around the world, and your destination is a surprise until the day you depart.

 

Our general process is to have a customer complete a survey to collect information regarding travel and trip preferences along with trip parameters such as travel dates and duration. After you purchase a trip package, we analyze the survey results and book your trip. We will provide you with a personalized list of tips and recommendations based on your survey results.

 

You can also purchase our Vacation Planning Services and Custom Trips. This is our consulting service where we work with you to design and book a trip.

 

Just Wing It is a member of ASAP Cruises & Tours (D.B.A Outside Agents Host Agency), and is licensed to sell travel in all states.

 

California: 2090937-50 – Washington: 603189022 – Iowa: 1202 – Florida: ST15578

 

Surprise Vacation Packages

 

The first step is to fill out a trip survey. We offer surprise vacation packages to destinations in the United States and destinations across the globe, with the price varying by trip duration and number of travelers. We will contact you via phone and/or email to discuss trip details and payment. After you have completed your payment to Just Wing It, we will book, on your behalf, airfare (or bus/train tickets) and a reservation in an accommodation(s) equal to the number of days indicated on your trip survey. The trip duration of a package includes the travel days and will be specified and confirmed by you, the customer. 

 

We will determine the location of the destination and will make every attempt to fulfill all the preferences you expressed in your trip survey. However, we do not guarantee any specific destination preferences or requests in your trip survey. What we do guarantee is a confirmed booking for your travel method (e.g. airfare) and accommodations, as well as a curated list of recommendations for the destination that include advice for activities, dining and transportation. Customers may make any reasonable requests and indicate them in the survey. We will attempt to meet all reasonable requests but do not guarantee that all requests will be fulfilled.

 

What Happens After You Complete Your Booking?

 

  • As soon as you submit your payment, you will receive an order confirmation email. We will begin planning your trip and making the appropriate bookings.

  • A few weeks prior to your departure date, an email will be sent to you reminding you of your trip.

  • About a week before your departure date, you will receive another email with the weather forecast for your surprise destination, recommended items to pack, any luggage restrictions, as well as the time and location of your departure.

    • For example, Los Angeles (LAX), Terminal 5. Monday, August 9 at 7:00 AM – your flight departs at 10:00 AM!

  • Approximately one week before you depart, we will mail you an envelope in the mail. This envelope contains details about your destination, navigation/transportation options to your accommodations, information on how to explore and enjoy the city, recommended things to do, and dining options at your destination. If for some reason, your envelope is not delivered to you in time, we will also send all of the contents of your envelope by email.

  • Just prior to your departure time, we will email you your mobile boarding passes and all necessary travel information.

 

What We Provide You

 

We will research and use our extensive experience to book your travel fare and accommodation, recommend activities, advise for dining options, and provide local tips based on your preferences. We will provide you with a personalized guide consisting of activities and information about your destination. Most destinations will have public transportation available, permitting the traveler to travel throughout the city without the use of a rental vehicle, unless travelers have agreed to rent a car, stated in the trip survey and agreed upon between all parties.

 

Items you receive from us:

  • A confirmation email will be sent to you upon your online order placement.

  • Delivery by a mail courier service to the address you provide us containing your flight information, hotel information, and reserved activities, if applicable. A list of recommended activities, food options, and transportation suggestions will also be provided.

  • An email with the information contained in the delivery will also be emailed to you within 48 hours of departure.

  • If you have chosen to include destination hints in your package, we will send you destination hint(s). The format is at our discretion.

 

All of our surprise vacation packages include the following:

  • Travel reservation

    • We book air travel for all of our trip packages.

  • Accommodation reservation

    • We book your accommodation for the number of nights based on the travel dates indicated by you.

    • Please note: the trip duration of a trip package includes the travel days.

  • We will provide a personalized list of recommendations on activities, dining, and transportation based upon your survey responses.

  • Pre-planned activities and extras

    • We will use your budget to book your travel, accommodations, and to pay the Just Wing It service fee of 8-15% (dependent on group size). After that, we will attempt to include pre-planned activities and extras for you according to your preferences stated in the trip survey and if your budget allows for it. The type of activity is dependent upon your survey responses and availability at your surprise destination. These activities may be an excursion, credit for transportation (e.g. Uber or public transportation), a restaurant reservation, guided tour, self-guided tour, show tickets, entrance to an attraction, and other forms of entertainment.

 

What We Don’t Provide You

 

  • Unless there is an activity that includes dining, we do not include food or dining, or local transportation.  

  • Unless stated in your survey, we also do not include the cost of a rental car, fuel or parking in any of our prices. 

  • Many hotels and other accommodations charge resort fees and local taxes. These must be paid on site by you and are not included in your payment to Just Wing It. Fees & taxes typically vary by destination, the number of travelers, and duration of stay.

  • We typically do not provide tour guides within your destination.

  • We do not cover the cost of fuel for your rental car.

  • Smoking may not be permitted in your accommodations and may result in fines and/or expulsions from your accommodations.

 

Vacation Planning Services and Custom Trips

 

Filling out a trip survey is still essential for us to provide you with this service. We will use the trip survey results in conjunction with our travel expertise to assist you with our trip consultancy service. The price of our trip consultancy service is dependent upon the length of the trip and your budget. What we charge you does not include the cost and expenses of your trip. Our Vacation Planning Service fee simply includes helping you plan your trip destination(s), researching the logistics for travel and transportation within your destination(s), making the appropriate bookings for you, and providing information for food, leisure activities, and local events. The price for this fee will be agreed upon between Just Wing It and the customer after an initial phone or email consultation.

 

Payments

 

Payments will be made through Stripe or PayPal. We use Stripe and PayPal to process all payments and Stripe and PayPal guarantees that your payment and personal information are safe and protected. Just Wing It does not and cannot access your payment information through Stripe and PayPal.

 

Split payments: For surprise vacation packages, we permit customers to place separate orders and travel from different destinations. It is the client’s obligation and responsibility to inform Just Wing It if the client is traveling with another party who is booking separately. Only by doing so can we properly coordinate your trip. We are not responsible for errors caused by a failure to inform us of traveling with other parties and split payments.

 

Gift Certificates:

 

Gift Certificates for Just Wing It are available to purchase. Gift certificates are digital, nonrefundable and do not expire.

 

Pets:

No pets allowed for now, sorry!

 

Company Information:

 

Just Wing It is based in California, in the United States.

 

Social Media & Sharing of Media:

 

All images, testimonials, and traveler photos on Just Wing It social media channels, including but not limited to Facebook, Instagram, Twitter, Snapchat, and our website have been submitted by Just Wing It travelers who have provided expressed permission for their use. Please note that Just Wing It travelers have a wide range of experiences on their trips. No two trips that Just Wing It designs are alike and all vary in factors such as destination, cost, point of departure, and the travel duration. Just Wing It guarantees to cover accommodations and airfare but we do not guarantee additional bookings for your trip such as activities and dining. Because of this, your trip experience may vary from what you see on social media.

 

You keep all of your ownership rights to any photograph or other content but give us permission to use the photograph as determined by us. By submitting, or otherwise agreeing to our use of, a photograph or other content, including but not limited to photo captions, your name, and the names of any person appearing in the content (collectively, “Content”), you grant us the worldwide, unrestricted, royalty-free, irrevocable, sub-licensable right to (a) publish, publicly display and perform, modify, edit, alter and otherwise use the Content in whole or in part, without further consent, review or participation from you, for any purpose throughout the world (including commercial and promotional) in any medium or format now existing or hereafter created, including but not limited to print or recorded material, websites, and social media platforms; and (b) use your name, commentary, and other information about you in connection with the Content. We reserve the right to use, not use, or discontinue using any Content in our sole discretion at any time. 

 

You agree not to submit any Content that:

  • Infringes any intellectual property rights of any other person or third party, including but not limited to copyright and trademark.

  • Defames or invades the privacy or publicity rights of any person, living or deceased, or infringes upon any person’s or third party’s personal, property, or other right.

  • Is inappropriate, sexually explicit, harassing, abusive, harmful, violent, or otherwise objectionable or offensive in any way.

  • Contains any virus, worm, corrupt file, or other forms of malicious code or content that may harm a website or computer.

  • Violates any law, statute, ordinance, or regulation.

 

Make sure that you have permission to take the photograph of any and all people appearing in the photograph and have their permission to have their image and name used by us. If any people pictured are minors, you must obtain their parent or guardian’s express permission to have their image and name used by us. You represent and warrant that you have express permission of everyone who appears in the photograph (and their parent or guardian, if applicable) to be photographed and have the photograph and their names used and shared by Just Wing It in accordance with these Terms. Before obtaining their permission and sharing the photo with us, send them a copy of or a link to these Terms.

 

The unauthorized use of any images on justwingitvacations.com and its social media accounts is forbidden, and may not be used by third parties without written consent. Failure to do so may result in legal action.

 

Terms and Conditions

 

Please carefully read and understand these terms and conditions, as they explain the terms and conditions (these “Terms”) governing your interaction with websites, applications, and other services, controlled by Just Wing It and/or its subsidiary and affiliated entities (collectively, “Just Wing It”, “we”, “us”, or “our”). The purchase of any travel services offered by Just Wing It constitutes a contractual arrangement between The Client (all travelers on the trip, hereinafter as “client”, “you”, or “your”) and Just Wing It, and represents the client’s acceptance of Just Wing It’s Terms set out herein. Acceptance of these Terms is a condition of booking and is the client’s acknowledgment that they have read, understood and agreed to be bound by them.

 

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR ACCESS OUR SERVICES.

 

THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

 

1. Applicability:

 

a.) The Terms apply to the purchase and sale of products and services (the “Trip”) through justwingitvacations.com (the “Site”), and are in addition to any other terms and conditions provided for by Just Wing It on the Site, in any writing provided to you relating to the purchase of a Trip, or in any documentation provided to you by any Providers (as defined herein). These Terms are subject to change by Just Wing It without prior written notice at any time, at our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

 

b.) These terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review of our Privacy Policy before placing an order for products or services through this Site.

 

c.) Our services are not intended or designed for use by people under the age 18 without a parent or legal guardian.  You may not use our services if you are under the age of 18 without a parent or legal guardian. You must be old enough to consent to the processing of your personal data in the United States.

 

2. We Are Not A Seller Of Travel Products

 

Just Wing It is NOT a travel provider and we do NOT sell travel products. We are a travel agency and are subject to the rules and regulations set forth by airline, hotel, and other providers.

 

a.) We sell a variety of travel-related products from different airline and hotel providers (collectively, the “Vendors”). Each Vendor has its own terms and conditions that are applicable to your particular Trip in addition to our general terms and conditions, and the clients should make ensure that they understand them.

 

b.) Just Wing It acts as a Travel Agency or “Booking Agent” for independent travel suppliers, such as airlines, hotels and other independent suppliers to provide the client with the services purchased. We are not a co-vendor of such products and services. You will be entering into a separate contract with such Vendors in connection with such products and services.

 

3.) Trip Destination Selection

 

a.) Just Wing It selects a surprise destination based on the client's travel dates, departure airport, and survey responses. By purchasing a package from Just Wing It, the client agrees to these terms and conditions, gives Just Wing It permission to select the destination for the client’s trip, and relinquishes control over the destination. As such, Just Wing It is not liable if the client does not like the trip destination or is dissatisfied with the trip destination, and we do not issue refunds based under these circumstances.

 

b.) We gather trip preferences via a "trip survey". While we will make every attempt to satisfy the preferences expressed in the "trip survey", we do not guarantee any specific requests, including but not limited to destination location or flight time duration. Just Wing It is not contractually bound by preferences expressed in the trip survey.

We make an effort to keep the client’s destination a surprise for as long as possible, but if the surprise destination is revealed prematurely (ie: at a time before departure day), it does not constitute a reason for rebooking, refunding or canceling the trip.

 

4.) Prices and Payment Terms

 

a.) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a Trip will be the price in effect at the time the order is placed and will be set out in your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

 

b.) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, all payments must be made directly through the Site and received by us before our acceptance of an order. We accept all Credit Cards through Stripe and PayPal for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

 

c.) Unless otherwise stated, posted prices do not include food, dining, or any activities including, but not limited to, tour guides. See above in “What’s Included” for more information.

 

d.) From time to time, we may offer promotions that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

 

5.) Booking, Changes, and Cancellations

 

a.) You agree that your order is an offer to buy, under these Terms, the Trip listed in your order. We must accept all orders and we will not be obligated to sell the Trip to you. Even after we send you an email with your confirmation details, we may choose not to accept orders at our sole discretion.  When the client books their trip, they accept the Terms on behalf of their entire party.

 

b.) It is the client’s responsibility to ensure that all trip details, including passenger information, provided to Just Wing It are complete and correct. All passenger details must exactly match the government-issued identification (Passport, State ID, or Driver’s License, etc.) that will be used to board the aircraft. The client's reservations will be made under this name, and many airlines and vendors do not allow changes to passenger names. If the client needs to change a passenger name, we will attempt to make such a change, however, most airlines treat such a change as a cancellation, to which standard conditions, charges, and fees may apply. Just Wing It will charge a $200 change fee, in addition to the fees charged by the airline.

 

c.) If the client needs to change or cancel any part of the trip, Just Wing It will charge $200 in addition to the fees charged by airlines, hotels, payment processors, and other vendors. This may be up to 100% of the client's total trip cost. If a client needs to make a change, it is the client’s responsibility to contact Just Wing It as soon as possible to discuss options. Just Wing It cannot guarantee a refund or re-booking.

 

d.) If the client needs to cancel their trip, they must contact Just Wing It immediately. We cannot provide 100% refunds, and charge a $200 cancellation fee. Canceled bookings with airlines and hotels are subject to the vendor’s cancellation policies and may be nonrefundable. Any cancellations made 6 days prior to departure or less will not be refunded. “No show” penalties could be up to 100% of the package or component cost.

 

e.) For vacations booked through our Vacation Planning Service, if the client needs to change or cancel their trip after bookings are complete, Just Wing It will attempt to change or cancel the bookings and refund the client, less the fees imposed by the vendors and payment processors. Just Wing It will not refund our Vacation Planning Service fee. Any complaint or claim involving the vacation services booked through Just Wing It must be submitted to Just Wing It within 6 days of trip completion to be considered.

 

f.) Just Wing it does not guarantee refunds. Refunds are considered on a case-by-case basis. Refunds are subject to the transportation and accommodation providers (“Vendors”) through which your reservations are made. We make no guarantee or promises as to whether Vendors will issue a refund. We therefore strongly recommend that you fully insure your Trip. Any refund will be credited back to the same payment method used to make the original purchase on the Site. All refund requests must be submitted directly to Just Wing It. We will not refund package features the client decides not to use.

 

g.) If the client has purchased travel insurance, it is the client's responsibility to contact and file a claim with the insurance company or carrier. Just Wing It will not file claims on the client's behalf.

 

h.) Right of California Customers to Make Claim on the California Travel Consumer Restitution Fund:

 

(i) You may be eligible for a refund for losses to a registered seller of travel that participates in the California state refund program. If you were located in California at the time of your purchase, you may have a right to file a claim for loses with the California Travel Consumer Restitution Corporation. Certain restrictions apply. For a claim form and additional information, write to:

 

Travel Consumer Restitution Corporation
P.O. Box 8474
Northridge, CA 91327

 

5. Missed Travel

 

Just Wing It ensures that clients receive trip details with enough time to make it to their flights. The client's failure to check in for their flight, either online or in person may result in the airline denying the client boarding or canceling the client's ticket.  Just Wing It is not responsible for charges and fees resulting from a client’s error that results in missed travel. If something goes seriously wrong, Just Wing It cannot promise any refunds. If there is an extreme weather situation, and the client cannot work it out with the airline, Just Wing It will try to assist, but will not cover the additional expenses.

 

6. International Travel

 

The client is responsible for ensuring that all travelers meet foreign entry requirements and that travel documents (such as passports), are in order and any other foreign entry requirements are met. Most foreign countries require that a passport to be valid for at least 6 months before expiration before permitting entry (your passport must not expire within the next 6 months to enter). The clients should be aware of countries and regions in which they are barred from entry and inform Just Wing It during the booking process. Just Wing It accepts no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport or for any other reason.

 

7.) Shipments and Delivery of Travel Information

 

a.) Our general practice is to send documents to our customers through the mail (USPS, UPS, DHL, etc) and through e-mail.

 

b.) It is the client's responsibility to contact Just Wing It if the client does not receive their trip information. We are not responsible if the client fails to notify us regarding missing trip details. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays or losses in shipments.

 

8.) Baggage

 

  1. Just Wing It sells products and services on behalf of airlines and other vendors. We will inform the client of the included baggage allowance for their flight(s), including details regarding specifications such as dimension and weight.

  2. The client is responsible for all charges and fees for baggage. We give and make no warranty or representation regarding the services or products supplied by the airlines and/or other vendors. Baggage policies vary from carrier to carrier. Should the client's baggage not comply with the airline’s restrictions, or if the client chooses to bring any additional baggage, the client will incur all additional charges, for which Just Wing It holds no responsibility.

 

9. Air Transportation Safety Compliance

 

Important airline ticket terms and conditions and other important notices apply to air transportation. Federal law forbids the carriage of hazardous materials aboard aircraft in luggage or on a person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. § 5124). Hazardous materials include (but are not limited to) explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples of things that fall into this category are paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in luggage and certain smoking materials carried on a person. For further information contact the airlines or visit their website. Violation of these restrictions will result in imprisonment and financial penalties. The Vacation Hunt will not be held liable for transgressions against air transportation requirements. Please refer to www.tsa.gov/travel for further details on prohibited items.

10. Accommodation Compliance

  • Accommodations have certain rules the client must follow. If the client is charged extra or evicted from the premises for violating the rules, Just Wing It is not liable

  • The client may be asked to provide a credit or debit card at the time of check-in. The hotel, bed & breakfast, or other accommodation may reserve the right to charge the client’s credit or debit card for any damage incurred to the room or the accommodation during the client's stay, or for any items that are missing upon departure. Incidentals and rates will vary by accommodation.

  • The client’s payment to Just Wing It covers the client’s reservation fees and most taxes. Additional taxes and fees may be charged by the accommodation for which the client is responsible. All additional fees, including resort fees and those incurred through incidentals (room service, late checkout, etc.) are to be paid by the client.

  • Clients are required to comply with all rules and regulations of the booked accommodation. Failure to do so may result in fees or expulsion from the hotel, bed & breakfast or other accommodation. Just Wing It will not be held liable for any additional fees or fines incurred, or legal proceedings between the client and accommodation should they arise.

 

11. Prohibited Uses

 

You may not reverse engineer, disassemble, or decompile, derive code or materials from, or capture any source, scripts, layouts, design, metadata, or other information accessible through our services (including, without limitation, data packets transmitted to and from our services), or analyze, decipher, “sniff”, derive code or materials from any packet stream to or from our services, or attempt any of the foregoing. You expressly waive any legal rights you may have to do any of the foregoing, including any claim that such activities constitute “fair use” or are for “interoperability purposes” under the Digital Millennium Copyright Act.

 

Further, in using our services, you may not:

  • Violate these Terms of Use, infringe upon our rights or the rights of others (including, without limitation, intellectually property rights, rights of privacy such as unauthorized disclosure of a person’s name or email or physical address or phone number, and rights of publicity), or violate any laws;

  • Conduct or solicit illegal or other activity that in any way harms us or any of our affiliates and business partners;

  • Post, email, message, or otherwise make available through the service, any content that (i) incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; (ii) is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason; (iii) is illegal or violates any laws, including laws related to adult activities and content, child pornography, criminal activities, gambling, and drugs, or (iii) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated music or videos or computer programs, or links to such materials;

  • Engage in commercial activities or sales, such as contests, sweepstakes, barter, advertising, or the buying or selling of “virtual” items, without our prior written permission;

  • Disguise the origin of any message, communication, or transmittal you send to us through our services;

  • Use any robot, spider, scraper, or other automated or manual means to access our services, or copy any content or information on our services;

  • Attempt to gain unauthorized access to any portion of our services or any related networks or systems by hacking, password “mining”, or any other illegitimate means;

  • Probe, scan, test the vulnerability of or breach the authentication measures of, our services or any related networks or systems;

  • Modify or reroute or attempt to reroute our services;

  • Link to our services from any unsolicited bulk messages or unsolicited commercial messages (“spam”);

  • Utilize framing, squeeze back, overlay or other techniques to enclose or display our services or any content on our services, with any other software or content of a third party; or

  • Take any action that places a disproportionately large load on our services or any related networks or systems.

  • We reserve the right, but not the obligation, to investigate and take appropriate legal action against anyone who we believe is violating these Terms of Use, including without limitation, removing any materials, suspending or terminating the registration of such violators, or suspending or terminating their right to use our services.

 

12. No Warranties

 

We make no guarantee about the accuracy or reliability of the content, materials, features, and services on our services. WE DO NOT WARRANT THAT OUR SERVICES OR ANY CONTENT, MATERIALS, FEATURES, OR SERVICE ON THEM WILL BE ERROR-FREE, UNINTERRUPTED, PROVIDE YOU WITH SPECIFIC RESULTS, OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

THE CONTENT, MATERIALS, FEATURES, AND SERVICES ON OUR SERVICES ARE PROVIDED “AS-IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AND SATISFACTORY QUALITY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USE OR MISUSE OF THE CONTENT AND SERVICES PROVIDED ON OR THROUGH OUR SERVICES AND FOR COMPLIANCE WITH ALL LAWS APPLICABLE TO SUCH USE.

 

YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW THAT PRECLUDE OR LIMIT THE EXCLUSION AND DISCLAIMERS ABOVE.

 

13. Privacy Policy

To understand how and what information we collect, and how we may use or disclose such information, please carefully read our Privacy Policy. By using our services, you acknowledge that you have read our Privacy Policy and consent to our privacy practices.

 

14. Liability Statement

 

Just Wing It has taken all reasonable steps to ensure that proper arrangements have been made for the client's Trip.

 

Neither we nor any of our respective licensors, providers, or suppliers will be liable to you under any theory of liability, for any indirect, incidental, special, consequential, punitive, or exemplary, or other damages arising out of your use or inability to use our services or any services or information available through them, including, but not limited to loss of revenues, loss of profits, or loss or corruption of data, even if advised of the possibility of such damages.

 

The foregoing disclaimer shall apply even if your remedies under this agreement fail of their essential purpose. You may have additional rights under applicable law that preclude or limit the exclusion and disclaimers above.

 

Just Wing It shall not be liable for any loss, injury, expense or damage to persons or property resulting, directly or indirectly, from the acts or omissions of independent travel suppliers, including but not limited to delays, over bookings, cancellation of services, cessation of operations, accidents, failures of equipment, or changes in fares, itineraries or schedules.

 

Just Wing It, the airlines, bus, and train providers issue tickets and/or electronic documents covering transportation and hotel/accommodations. Neither Just Wing It nor these suppliers, or their respective subagents, shall be held liable for loss or damage to property or injury of person caused by reason of any act, omission, defect or negligence by any other hotel agency, transportation company or party providing such services or facilities.

 

All parties concerned are not liable for any claim arising out of or in connection with carriage or other services or features otherwise performed or occurring in connection with this package, except as provided in the conditions of carriage for the transportation company and the passenger tickets issued in conjunction with this package. Just Wing It is not responsible under any circumstances for any injury or damages you may suffer in connection with your air, ground transportation or accommodations.

 

15. Safety and Personal Risk

 

  • By offering reservations for travel products to particular domestic and international destinations, Just Wing It does not represent or warrant that travel to such points is without risk, and is not liable for damages, losses, injuries or illnesses that may result from travel to such destinations.

  • Just Wing It is not responsible for injuries and damages that the client may incur during the course of their trip, including but not limited to: injury or theft during travel; forces of nature; political unrest; acts of lawlessness or terrorism; and accident or illness. By agreeing to participate in a trip booked through Just Wing It, the client agrees that they will not hold Just Wing It responsible for any provision of medical care or the adequacy of any care rendered.

  • Just Wing It is not responsible for risks and dangers that may arise beyond our control. By agreeing to these terms and conditions, the client accepts these risks and dangers and agrees to Just Wing it not being responsible or liable.

 

16. Indemnity

 

The Client agrees to defend, indemnify, and hold us harmless from and against all claims, losses, liability, costs, and expenses (including attorneys’ fees) arising from your use of our services, violation of these Terms of Use, or violation of any third-party rights. YOU AGREE TO WAIVE ANY AND ALL LAWS THAT MAY LIMIT THE EFFICACY OF ANY RELEASES CONTAINED IN THESE TERMS OF USE, INCLUDING THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542.

 

17. Goods Not for Resale or Export

 

You represent and warrant that you are buying the Trip from Just Wing It for your own personal or household use only, and not for resale or export.

18. Governing Law and Jurisdiction

This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

19. Dispute Resolution and Binding Arbitration

YOU AND JUST WING IT ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF THE TRIP THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

a.) The aggrieved party shall bring all grievances before a single arbitrator mutually-selected by the parties, with the arbitration proceeding situated and convened in Pasadena, California, regardless of the residence or principal place of business of either party. The arbitration will be administered by a local chapter of the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect.  (The AAA Rules are available at the AAA website or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party is responsible for their own costs of suit and reasonable attorneys’ fees as set by the arbitrator.

b.) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR JUST WING IT WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator may not consolidate more than one person’s claim(s) and may not otherwise preside over any form of a representative or class proceeding. The arbitrator has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

20. Assignment

 

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms.

 

21. No Waivers

 

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Just Wing It.

 

22. No Third-Party Beneficiaries.

 

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

 

23. Notices To You

 

We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to the Site.  Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

 

24. Notices To Us

 

You shall send notices to us by email to Just Wing It’s contact information listed below and addressed to the attention of LEGAL. Notices shall be deemed given on the day actually received by recipient, if received as provided in this paragraph before 5pm on a business day in the recipient’s location. Notices received after 5pm or on a non-business day shall be deemed received on the next business day.

 

Email: info@justwingitvacations.com

 

25. Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

26. Entire Agreement

Our e-mail order confirmation, these Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.