TERMS AND CONDITIONS

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1. INTRODUCTION

 

These terms and conditions (the “Terms”) govern your (the “Client” or “You”) use of the Muddy Trails Travels, LLC, a Texas limited liability company (the “Company” or “We”) (collectively the “Parties”, or in the singular “Party”) website, and the Client’s purchase or use of the travel advisory services outlined below in section 2.

 

By accessing or using this website, or by submitting payment for any services, you acknowledge that you have read and agree to the Terms. You further represent that you are at least 18 years of age and have legal authority to agree to these Terms.

 

2. SERVICES PROVIDED

 

The Company agrees to create personalized travel itineraries which will include suggested activities, destinations, accommodations, transportation options, and other relevant travel information. All itineraries will be customized based on the Client’s preferences and input.

 

The Company's responsibility is solely to create the itinerary. The Company does not make or guarantee any reservations, bookings, or any other travel arrangements, nor does it purchase any travel services on behalf of the Client. All Planning Fees are separate from the cost of your travel and are the responsibility of the Client.

 

The Client acknowledges and agrees that all travel services, accommodation, transportation, tours, and activities ultimately selected by the Client are provided by independent third parties over whom the Company has no control. Recommendations by the Company do not constitute endorsements, guarantees, warranties, or assurances regarding the safety, quality, or availability of any third-party services.

 

3. USER OBLIGATIONS

 

The Client represents and warrants that they are at least 18 years of age and possess the legal authority to enter into this Agreement and to purchase the services of this Company. Client agrees to be financially responsible for all of the services ordered on behalf of Client.

 

The Client shall provide accurate, complete, and timely information to facilitate the creation of the itinerary. The Client is responsible for verifying any travel arrangements independently.

 

The Client agrees to use this website and the Company’s services only for lawful purposes and in accordance with these Terms.

 

The Client is solely responsible for ensuring that the Client and any other travelers in Client’s travel party have valid passports, visas, identification, vaccinations, insurance, and other travel documentation required for your chosen destination. The Company does not provide legal, immigration, medical, or compliance advice and is not responsible for advising the Client of travel restrictions, entry requirements, or government regulations applicable to the Client’s travel.

 

The Client agrees not to resell, redistribute, or commercially exploit any itinerary or materials provided by the Company without prior written consent.  

 

4. COMMUNICATION EXPECTATIONS

 

The Parties agree that timely communication is important to provide the services. The Client shall provide prompt and timely communication to the Company’s requests for information needed to complete the itinerary. Delays in providing required information may result in delays in the service and may also result in an increase in the Planning Fee or other charges if additional work is required due to the delay.

 

The Client understands and agrees that all pricing for services is subject to change until payment is received. Prices may increase if the Client delays providing requested information, changes trip details after work has commenced, or requires additional revisions beyond the original scope of work.

 

5. PRIVACY

 

We respect your privacy and will handle all personal information shared with us in accordance with applicable privacy laws and our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described in the Privacy Policy.

 

6. PAYMENT TERMS

 

The Client agrees to pay the Company the Planning Fee listed on the website (https://www.muddytrailstravels.com) and any other additional fees as agreed upon with the Client. The final fee will be quoted to the Client prior to the commencement of any service. Payment terms and methods will be discussed and agreed upon during the booking process.

 

The payment method will be provided to the Client after a consultation with a representative of the Company. The Client may, in agreement with the Company's representative, choose to pay the Planning Fee either directly to the Company or via a Wix Payment link. In the latter case, the Wix Payment link will be sent to the Client after the agreement has been reached.

 

All prices listed on the website are in USD (exclusive of tax). All prices are subject to change until payment is received. 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.

 

Payment shall be made in full after the initial consultation and the agreement between the Client and Company for the services provided.

 

All Planning Fees are non-refundable. All sales are final.

 

The Company reserves the right to refuse service to anyone for any reason at any time.

 

The Planning Fee includes:

• Research and development of a custom itinerary proposal for the Client (“Custom Proposal”).

• One (1) revision to the Custom Proposal.

 

Additional fees:

• Revisions: Each additional revision beyond the initial revision is subject to a $50 Revision Fee, payable prior to work commencing on such changes.

• Expired Proposals: If you do not respond to communications within five (5) business days, your Custom Proposal will expire. A $75 Reinstatement Fee will apply to reopen the Custom Proposal —provided it has not been expired for more than 15 calendar days.

 

We reserve the right to limit the number of revisions if the nature or volume of changes requested hinders the feasibility of the travel arrangements.

 

The Company will deliver the completed itinerary within 14 business days after receiving all required information and full payment.

 

The itinerary proposal may include, as applicable, suggestions for accommodations, flights, cruises, activities, ground transportation, and more. In some cases, bundled or packaged pricing may be presented rather than itemized line-by-line.

 

Pricing provided in the itinerary reflects estimates at the time of research and may change when the Client completes their payment based on availability and final supplier pricing.

 

7. MODIFICATION OR TERMINATION OF SERVICES:

 

We reserve the right to modify or terminate our travel planning services at any time without prior notice. In the event of service termination, we will make reasonable efforts to fulfill any existing arrangements or provide suitable alternatives, however, the Company is not liable for any losses, delays, increased costs, or inconveniences resulting from such termination.

 

If the Client fails to provide required information, fails to make timely payment, or otherwise breaches these Terms, the Company may suspend or terminate services without refund.

 

The Company reserves the right to decline or discontinue service to any Client for any reason, at any time.

 

8. LIMITATION OF LIABILITY

 

While we strive to provide accurate and reliable information, we cannot be held responsible for any errors, omissions, or changes in the information provided. We are not liable for any liability, damages, losses, delays, or inconveniences experienced before, during or after your travel. It is your responsibility to independently verify all details and make informed decisions regarding your travel arrangements.

 

Client agrees that the Company acts only as a referral source for the Client in recommending transportation, hotel accommodations, sightseeing, and other services for the Client’s benefit, and on the express condition that the Company shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, WHETHER BY REASON OF ANY ACT, NEGLIGENCE OR DEFAULT OF ANY COMPANY OR PERSON ENGAGED IN OR RESPONSIBLE FOR CARRYING OUT ANY OF THE ARRANGEMENTS, OR OTHERWISE IN CONNECTION THERE WITH. 

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM. THE COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

 

9. THIRD-PARTY SUPPLIERS

 

We may suggest third-party suppliers such as airlines, hotels, car rental companies, tour operators, and activity providers. While we strive to recommend reputable suppliers, we cannot guarantee the services or performance of these third parties. Any bookings or arrangements made with these suppliers are subject to their respective terms and conditions, and we are not liable for any issues, disputes, or losses arising from their services.

 

These Terms are separate from your agreements with any travel suppliers. The Company is not responsible or liable for any issues, disputes, acts, omissions, delays, injuries, losses, or damages arising from the services provided by third-party suppliers, including airlines, hotels, tour operators, cruise lines, or any other suppliers.

 

10. USE OF THE COMPANY’S SERVICES, ACCESS AND INFORMATION FOR TRAVEL BOOKINGS

 

The Company is not responsible for any liabilities, damages, or loss incurred by the Client due to the use of the itinerary or subsequent travel arrangements made independently of the Company. The Company does not make or manage any bookings for flights, hotels, excursions, transportation, or other travel services, and assumes no responsibility for any costs, fees, penalties, or charges you incur for your independent arrangements, including, but not limited to, airline, hotel, excursion, and travel protection related charges.

 

The Client is solely responsible for completing any bookings suggested in the itinerary, including complying with supplier terms, payment requirements, change or cancellation policies, and any travel protection and insurance. The Company is not responsible for any loss resulting from cancellation or changes in travel dates, availability, restrictions, missed connections, or delays relating to reservations you make on your own.

 

The Company makes no guarantee that suggested accommodations, transportation activities, or other services will remain available at the time you attempt to book them.  

 

11. ACKNOWLEDGEMENT OF RISK

 

You understand and acknowledge that your travel and participation in any travel or activity related experiences activities may involve risk and potential exposure to injury or fatal injury. Travel activities may involve known and unknown risks, including but not limited to accidents, injury, illness, disease, quarantines, adverse weather, natural disasters, acts of terrorism, civil unrest, government restrictions, and other conditions beyond the Company’s control. You acknowledge that such risks may arise from your own actions or omissions, the actions or omissions of third parties (including other travelers, contractors, or travel providers), or from unforeseen circumstances.

 

The Company cannot be held responsible for any acts, conditions, or circumstances beyond its control that may impact your travel, including but not limited to weather conditions, acts of terrorism, riots, civil disturbance, quarantine, sickness, strikes or other untoward occurrences. 

 

You acknowledge that it is your responsibility to evaluate the need for and, where appropriate, obtain travel insurance. The Company strongly recommends that all Clients purchase travel insurance. 

 

12. PRE-BOOKING DISCLAIMER

 

Travel to certain destinations may involve greater risk than others.  It is strongly encouraged for Clients to remain informed of current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States government prior to booking travel to international destinations. 

 

THE COMPANY SHALL NOT BE LIABLE FOR ANY COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CLIENT’S OWN RISK.

 

13. RELEASE

 

THE CLIENT ACCEPTS THAT THE COMPANY IS NOT RESPONSIBLE FOR, NOR WILL THE CLIENT ATTEMPT TO HOLD THE COMPANY LIABLE FOR ANY INJURY, DAMAGE OR LOSS THE CLIENT MAY SUFFER RELATED TO THE PROPOSED TRAVEL AND ANY ACTIVITIES IN WHICH THE CLIENT CHOOSES TO PARTICIPATE IN.  THE CLIENT UNDERSTANDS AND VOLUNTARILY ASSUMES THE RISKS ASSOCIATED WITH TRAVEL, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH THE TRAVEL OR ACTIVITY. THE CLIENT AGREES THAT THIS DISCLAIMER EXTENDS TO AND INCLUDES THE CLIENT’S ENTIRE TRAVELING PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CLIENT ALSO AGREES THAT THIS RELEASE INCLUDES AND APPLIES TO ANY INJURY, DAMAGE, OR LOSS ARISING OUT OF OR RELATING TO THE COMPANY’S OWN NEGLIGENT ACTS OR OMISSIONS.

 

14. TRAVEL DOCUMENTATION AND REQUIREMENTS

 

It is the Client's responsibility to ensure that all necessary travel documentation, including passports, visas, and health-related requirements, are obtained and up to date. We provide general guidance and information regarding travel documentation, but it is ultimately the Client's responsibility to comply with all applicable requirements. The Company is not liable for any delays, losses, or fines resulting from Client’s failure to obtain or comply with all applicable law and requirements.

 

15. FORCE MAJEURE

 

The Company will not be liable or responsible to the Client, nor be deemed to have defaulted or breached these Terms, for any failure or delay in the Company’s performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the Company’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to the Company’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

16. RELATIONSHIP OF THE PARTIES

 

The relationship between the Parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever.

 

17. WAIVER OF JURY TRIAL

 

EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING ANY TRANSACTIONS CONTEMPLATED HEREBY.

 

18. GOVERNING LAW

 

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 Texas without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Texas.

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms or this website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Austin and County of Travis, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

19. LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE

 

The Company acts solely as a travel and itinerary planning service and does not provide, operate, or control any travel services, including transportation, accommodations, tours, or other activities.  All such services are provided by independent third party suppliers who are not owned, managed, or controlled by the Company. ACCORDINGLY, THE COMPANY IS NOT RESPONSIBLE FOR, AND SHALL NOT BE LIABLE FOR, ANY ACTS, ERRORS, OMISSIONS, NEGLIGENCE, REPRESENTATIONS, WARRANTIES, BREACHES, OR MISCONDUCT OF ANY THIRD-PARTY TRAVEL SUPPLIERS, NOR FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, DELAYS, CANCELLATIONS, OVERBOOKINGS, OR OTHER LOSSES OR EXPENSES RESULTING FROM THESE SERVICES.

 

The Company does not represent or warrant that travel to any destination is advisable or without risk. Travel may involve hazards, both known and unknown, beyond the Company’s control. By choosing to travel to the selected destinations, the Client accepts these risks and agrees that the Company shall not be liable for any costs, damages, or losses resulting from such conditions.

 

20. ASSIGNMENT

 

You will not assign any of your rights or delegate any of your obligations under these Terms without the Company’s prior written consent. Any purported assignment or delegation in violation of this Section 20 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

 

21. WAIVER AND SEVERABILITY

 

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

 

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

22. ENTIRE AGREEMENT

 

These Terms, this website’s Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.