Va Beau Traveler Terms and Conditions
Last Updated: March 15, 2024
1.Introduction
These Traveler Terms and Conditions (the “Traveler Terms”) constitute a legally binding agreement made between you, a Traveler, whether personally or on behalf of an entity, and Big Beautiful Dream, LLC, d/b/a Va Beau, along with its agents, assigns, and affiliates (“Va Beau”, “we”, “us”, or “our”), concerning your access to and use of the https://vabeau.com platform, as well as any affiliated websites, including mobile websites or applications, related, linked, owned, operated or otherwise controlled by Big Beautiful Dream, LLC (collectively, the “Platform”).
Through access and use of our Platform, travel tour operators (“Suppliers”) can offer, promote, market, and sell package tours to individual users of the Platform (“Travelers”). Travelers may use the Platform to view Tour availability, tour content, Tour links, to make Bookings and post reviews (collectively, the “Services”).
These Traveler Terms, together with our site-wide Terms of Use, Supplier Agreement, Affiliate Compensation Disclosure, Privacy Policy, and Cookie Policy (collectively, the “Terms”) set out the terms under which Va Beau provides the Services through the Platform. When we refer to “you”, we mean any person that accesses or uses the Services.
You agree that by accessing the Platform, you have read, understood, and agreed to be bound by these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
2.Changes
Supplemental terms and conditions or documents that may be posted on the Platform from time to time and are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you agree to waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are updated.
3.Definitions
Capitalized terms not defined elsewhere in these Terms have the following meanings:
a) “Booking Page” means a unique booking webpage for a specific tour, service, or product on the Platform where a Traveler can introduce their data and payment details to directly book a specific Tour.
b) “Booking” means the purchase of a Tour on the Platform by a Traveler.
c) “Supplier” means the provider of a Tour. Va Beau is not a Supplier.
d) “Tour” means a package travel tour offered and operated by a Supplier and sold via the Platform. Va Beau does not operate Tours or sell Tours in its own name.
e) “Traveler” means a person who, pursuant to these Terms, purchases a Tour on the Platform.
4. Your Traveler Account
To access and use our Services and book Tours as a Traveler, you will be required to register for and to set up an account through the Platform (your “Account”). To set up your Account, we need certain information about you, including your email address and a password, to create your Account (collectively “Account Data”). Please keep your Account Data accurate, current, and secure at all times. You may update your Account Data any time by logging in to your Account.
You consent to the collection and use of your Account Data and certain other information in accordance with our Privacy Policy located at https://vabeau.com/privacy policy.
You are solely responsible for maintaining the confidentiality of your password and Account and for all statements made and acts or omissions that occur using your password and Account. Therefore, you must take steps to ensure that others do not gain access to your password and Account. You may not transfer or share your Account or Account Data with anyone, and we reserve the right to immediately terminate your Account if you do transfer or share your Account or Account Data.
You may terminate your Traveler Account at any time by contacting us to request that we close your Account, and by discontinuing your use of all parts of the Services. If you close your Account, we may continue to display your previously published User Content, such as any Tour reviews and are under no obligation to remove any of your User Content.
In the event of a breach or accidental disclosure of sensitive information, you must notify Va Beau immediately by email at care@vabeau.com.
AS A USER OF THE SERVICES, YOU UNDERSTAND AND AGREE THAT: (1) NEITHER VA BEAU NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED BOOKINGS MADE USING YOUR TRAVELER ACCOUNT AND/OR ACCOUNT CREDENTIALS; AND (2) THE UNAUTHORIZED USE OF YOUR TRAVELER ACCOUNT AND/OR ACCOUNT CREDENTIALS COULD CAUSE YOU TO INCUR LIABILITY TO BOTH VA BEAU AND OTHER USERS.
5.Va Beau Is Not a Supplier
The Tours are independently created, offered, and carried out by the Suppliers at their own discretion and responsibility. Va Beau is solely acting as a commercial agent for the Suppliers. Va Beau is not a Supplier, nor a provider of Tours, nor a representative or proxy of a Supplier nor an insurer. Va Beau does not own, sell, resell, furnish, provide, manage, or control any transportation, tour, or travel services and does not act as an agent to Travelers.
Va Beau has no control over the behavior of Suppliers, Travelers, and other users of the Platform.
Any Tours offered through the Platform are the sole responsibility of the third-party Supplier. By purchasing any Tours, or by accessing any third-party website, you are directly entering into a legal relationship with the third party in question; Va Beau shall not be a party to this legal relationship. Va Beau merely provides the online platform to connect third-party Suppliers to our Platform’s users, and nothing on our Platform should be taken as though Va Beau is recommending and/or sponsoring any of these parties.
6. Bookings
Tours are booked directly with the respective Supplier. As a result, each Supplier’s own terms and conditions apply, particularly regarding payment terms, cancelations, and refunds.
By clicking on “Book now” you are submitting a binding offer for the selected Tour to the respective Supplier. The Tour contract is completed when the Supplier accepts your offer (a “Booking”).
Suppliers will confirm or reject a Booking request typically within 24 to 72 hours, during which time your offer is binding. As soon as the Booking transaction is completed (including successful payment), you will receive a Booking confirmation via email with a summary of your Booking. If the Supplier does not confirm your request, you will receive a full refund of any amounts already paid.
When you make a Booking with a Supplier, you will be required to enter into that party’s respective legal agreements. Entering into any such agreement shall be completely at your own risk. However, where the Supplier’s terms and conditions conflict with these Terms, our Terms shall prevail.
The provision of the Tour by a Supplier is the Supplier’s responsibility. Va Beau shall not bear any liability whatsoever with respect to acts, omissions, errors, representations, warranties, breaches, or any negligence of any Supplier.
7. Your Responsibilities
When using our Services, you must provide all required personal information in a timely, complete, and truthful manner. You must provide information on all circumstances and restrictions affecting the performance of the Services by Va Beau or the Supplier upfront (e.g., any food intolerance or allergies, mobility issues, or state of health information, etc.). By making a Booking, you warrant that you are at least 18 years of age and that you possess the legal authority to enter into a binding agreement with the Supplier.
If you make a Booking on behalf of third parties (such as fellow Travelers) through the Platform, you agree that you are responsible for all Bookings and reservations made by yourself or anyone under your control. You further guarantee that all information provided, whether directly or indirectly through third parties, is true, complete, and accurate and that the Traveler is not an unaccompanied minor. Any exploitive, manipulative, speculative, false, or fraudulent Bookings, or Booking inquiry, is prohibited.
It is your responsibility to check all Booking documents (e.g., booking confirmation, Tour package details, etc.) for factual correctness and completeness (e.g., spelling mistakes, date of birth errors, special travel requirement details) and to report any recognizable errors or defects to Va Beau immediately. Va Beau is not liable for Booking errors (e.g., typographical errors) that are caused by Travelers.
8.Travel Identification and Health Requirements
It is the responsibility of Travelers to have valid travel identification along with any necessary visa or passport at the time of the travel. Travelers are also responsible for compliance with applicable health requirements, including recommended or obligatory vaccinations.
For applicable passport and visa requirements, you should consult the relevant embassy or consulate for information. Such requirements may change at any time, and it is your responsibility to check for up-to-date information before making a Booking and before your departure. Va Beau accepts no liability in connection with any person who is refused entry onto a flight or into any country, including countries such person may just be passing through in route to their destination.
As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the appropriate consulate prior to departure. It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
We strongly recommend that you purchase a comprehensive travel insurance policy prior to departure to protect your Tour purchase. If you cancel your trip or significantly alter travel dates, your travel insurance policy may reimburse the cost of cancellation fees and related expenses. Please review your travel insurance policy carefully for related terms and conditions.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge Travelers to investigate and review travel prohibitions, warnings, announcements, and advisories issued by the United States Government and destination country governments prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
VA BEAU DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY DESTINATION IS ADVISABLE OR WITHOUT RISK, AND VA BEAU IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
9. Tour Pricing
The list price of each Product is on a per-Traveler basis, unless otherwise stated on the Booking Page.
Product prices are based on the Supplier’s current local cost, which may be converted into the Traveler’s local currency at the prevailing foreign-exchange rate. Price quotations are subject to change without notice, until a Booking has been made.
Unless the Supplier has otherwise specified, prices include no other fees or taxes such as local taxes or duties, use-fees, foreign departure costs, security fees, port charges, park fees, customs, immigration fees, passenger-facility charges, international transportation tax, passport and visa fees, or baggage and personal insurance costs.
Prices also do not include tips/gratuities, any personal items, and any beverages or food not specifically stated as included by the Supplier.
Currency Conversions. If Va Beau provides a currency converter, currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified, and actual rates may vary. Currency quotes may not be updated daily, and Va Beau does not warrant or guarantee accuracy. Va Beau does shall not be liable if Tour prices change due to currency fluctuations.
10. Payments
Suppliers may offer the opportunity for Bookings to be paid either wholly or in part, as required under the payment policy of each individual Supplier, during the Booking process by means of secure online payment. The Booking price may be subject to taxes, duties, foreign transaction, currency exchange, or other fees.
Va Beau facilitates payment for Bookings for and on behalf of the Supplier through third party payment processors. Va Beau does not act nor operate as the merchant of record.
When you make a Booking, you agree to pay all charges at the amounts in effect when such charges are incurred. You must provide a valid credit, debit card (Visa, MasterCard, or any other accepted issuer) or other specified payment or financial mechanism (e.g., PayPal) (collectively, a “Payment Method”) as a condition to making any payments.
Payment is then safely processed from your Payment Method to the bank account of the Supplier through a third-party payment processor. Travelers must pay the contractually-agreed Booking fees in full and will indemnify and hold Va Beau harmless for any damage caused by any payment delays or failures. Further, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD OR OTHER FINANCIAL INFORMATION THAT YOU PROVIDE.
Va Beau reserves the right in its sole discretion to offer to Travelers advantageous payment options, such as installment payment models, itself or through a payment service provider. If you accept, you agree to be bound by the terms and conditions specified and communicated by Va Beau or the payment service provider.
11. Platform Service Fee
We do not currently charge a Platform service fee. However, we may choose to charge a service fee for purchases of certain Products on our Platform at any time. If we do so, the service fee will be calculated as a variable percentage of the total purchase amount (which may include additional fees and taxes).
Depending on the laws of the jurisdiction of the Traveler and/or Supplier, taxes may be charged on top of the service fee (if any). The exact service fee will be displayed to Travelers at the time of Booking, but will only be charged after both Traveler and Supplier accept the Booking.
The service fee, if charged, will only be refunded if a Traveler is entitled to a refund of the entire Booking amount under the terms of the cancellation policy on the Booking Page.
12. Cancellations and Refunds
If the Supplier does not confirm the requested Booking or if a Supplier cancels an existing Booking, all credit holds on the Traveler’s Payment Method will be automatically released and/or all amounts collected through the Payment Method will be refunded to the Traveler within 14 days.
As soon as the Supplier confirms a Booking, the Supplier’s cancellation and payment conditions apply. Please read the important information on the Booking Page, and in your Booking confirmation regarding the Supplier’s terms and conditions carefully. Any cancellation or refund request must be made directly with the Supplier.
Complaints and claims from the Traveler in relationship to Tours will be handled by Suppliers via our Services. However, if you wish to request a refund of the Booking price outside of the Supplier’s cancelation policy, you may contact us. We will then contact the Supplier on your behalf, and the Supplier will determine in its discretion whether to honor the refund request. A refund granted by the Supplier can be processed by the Supplier through us.
13. Other Modifications and Cancellations
Suppliers may sometimes make changes to Products after your purchase (such as changes to the date, price, inclusions, coverage, age requirements, or other Product features or requirements). Va Beau, acting on the Supplier’s behalf, reserves the right to cancel, change or substitute any Product you have bought. If the change proposed by the Supplier is material (such as a change in dates or a significant change to the itinerary), and you are dissatisfied with the alternative that is offered, you will have the right to a full refund of the original purchase price.
We may decide, in our sole discretion, that it is necessary or desirable for the protection of our interests, the Supplier’s interests, or your interests, to override of the Product’s cancellation policy and cancel a Booking. We may also determine, in our sole discretion, to refund you part or all the amounts paid by you. You agree that we, and the applicable Supplier, shall have no liability for such cancellations or refunds.
14. Account Closure; Termination
You are entitled to close at any time by using the Account deletion feature in your Account or by emailing us at care@vabeau.com.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.
Upon termination of any Service or these Terms for any reason, all licenses and rights granted to you pursuant to these Terms will immediately terminate, and you shall cease using the Platform.
15. Limitation of Liability
SUPPLIERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF VA BEAU. VA BEAU IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY SUPPLIERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM ANY BOOKING. VA BEAU HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL VA BEAU (OR ANY OF OUR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A BOOKING, OR YOUR ACCESS TO, OR USE OF THE SERVICES WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF VA BEAU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If Va Beau is found liable for any loss or damage that arises out of or is in any way connected with your use of the Services or with a Booking, then Va Beau’s liabilities will in no event exceed, in the aggregate, the greater of (a) the sum paid to Va Beau in respect of the Booking giving rise to the claim, or (b) one hundred dollars (US $100.00).
The limitation of liability set forth in this section 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.
16. Your Liability (Indemnification)
You agree to defend and indemnify Va Beau and our officers, directors, employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to: (a) your breach of these Terms or the documents referenced herein; (b) your violation of any law, rule, regulation or guideline; (c) your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy; (d) your use of the Services (including the Platform); (e) your Bookings; or (f) your negligence or willful misconduct.
17. Governing Law
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California, USA without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the courts sitting in the County of Los Angeles, California for all disputes, claims, and actions arising from or in connection with the Services or otherwise under these Terms.
18. Contact Us
If You have any further questions, complaints, or claims with respect to Va Beau, please contact us at care@vabeau.com. We will do our best to address your concerns.