food network DISCOVERING THE WORLD OF FOOD ONE TRIP AT A TIME

Terms of Use and Travel

1.         Welcome and Introduction.

Thank for visiting the Food Network Travel Website at www.foodnetworktravel.com, and for reserving travel through Food Network Travel.  Food Network Travel, powered by Signature Travel Network, seeks to offer fans the opportunity to go beyond watching, and to experience The Food Network through exciting travel programs.

In these terms, the words “Passenger” or “you” mean the person who visits this Site, and/or makes the reservation, and each additional person for whom the foregoing makes a reservation, and also includes their heirs, successors-in-interest, assigns and personal representatives.  These terms apply to each individual within this definition of "Passenger" or “you” except that as to heirs, successors-in-interest, assigns and personal representatives the provisions apply on a successor-in-interest basis.

2.         About Us.

(a)        This site, and the Food Network Travel service, are operated pursuant to license, by Signature Travel Network Cooperative, Inc., a California consumer cooperative corporation.  References to Food Network Travel, and the words "we," or "our" or "us" in these Terms mean Signature Travel Network.  The Food Network® is a specialty broadcast station and trademark, owned and licensed to Signature for purposes of these terms and this website, by Television Food Network G.P., a Delaware general partnership ("TVFN"). 

(b)        In these terms, “Food Network Travel” means and includes (a) Signature Travel Network Cooperative, Inc., a California corporation, which operates the Food Network Travel website, (b) Connexions Loyalty Travel Solutions, LLC a Delaware corporation (“CLTS”), which is an independent contractor that provides call center services relating to this site, (c) each and all member travel agencies of Signature Travel Network Cooperative, Inc., (they are independently owned and operated retail travel agencies), and (d) the shareholders, member-owners, directors, officers, and employees of each of the entities identified or described above in this paragraph.

3.         Please Read All of These Terms.

YOUR TRAVEL IS IMPORTANT.  THESE TERMS ARE A BINDING CONTRACT.  IMPORTANT TERMS ARE CONTAINED AT THE BEGINNING, AND THE MIDDLE AND TOWARD THE END OF THESE TERMS.  SO PLEASE DON’T STOP AT JUST THE BEGINNING.  PLEASE TAKE TIME TO READ AND UNDERSTAND ALL OF THE TERMS, INCLUDING THE MIDDLE AND THE END, BEFORE USING THE SITE, AND BEFORE BOOKING ANY TRAVEL.  YOU CAN PRINT OR READ THESE ON LINE.  YOU CAN READ THESE ALL AT ONCE. OR YOU CAN READ PARTS FROM TIME TO TIME, UNTIL YOU HAVE READ AND UNDERSTOOD IT ALL. 

4.         Using this Site or Booking Travel Means You Agree to These Terms.

ALL CONTENT, INFORMATION, AND SERVICES DESCRIBED IN THIS SITE MAY BE USED ONLY ACCORDING TO THESE TERMS.  BY USING THIS SITE YOU AGREE TO THESE TERMS.  BY PAYING FOR TRAVEL PARTLY OR IN FULL, STARTING ON YOUR TRAVEL OR  BOARDING THE VESSEL, OR ANY OTHER ACT MOVING FORWARD TO ARRANGE OR PARTICIPATE IN TRAVEL YOU REAFFIRM YOUR AGREEMENT TO THESE TERMS.    

5.         About These Terms.

THESE TERMS RESTRICT YOUR RIGHTS AND REMEDIES AND PROVIDE PROTECTION TO FOOD NETWORK TRAVEL, SIGNATURE, TVFN AND OTHER PERSONS AND ENTITIES.  THESE INCLUDE STRONG WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, INCLUDING LIMITATIONS REGARDING CLAIMS FOR USE OF THIS SITE, INJURY TO OR DEATH OF ANY PASSENGER AND FOR DAMAGE CLAIMS REGARDING LOST OR DAMAGED BAGGAGE OR PROPERTY.  RESTRICTIONS OF CLAIMS AGAINST OTHER PERSONS AND ENTITIES ARE ALSO PROVIDED.  STRICT TIME LIMITS FOR BRINGING A LAWSUIT ARE PROVIDED.   THESE TERMS ALSO ADDRESS MANY OTHER SUBJECTS.

6.         Warning About Agreeing To These Terms.

By using this Site or booking or paying for or starting your travel, you acknowledge and agree (a) these terms are a fair balance because this Site is accessible by you conveniently and at no charge to access the Site; and (b) if you don't agree or don't want to accept these Terms, you can easily choose to not use this Site; and (c) if you don't agree or don't want to accept these Terms, you can easily choose to not to book travel through us. THESE TERMS BIND YOU EVEN THOUGH THERE IS NOT A PLACE FOR OR REQUIREMENT FOR YOU OR FOOD NETWORK TRAVEL TO SIGN.  IF THERE IS ANY PART OF THESE TERMS YOU DO NOT AGREE WITH, OR IF SOMETHING IS MISSING FROM THESE TERMS THAT YOU CONSIDER ESSENTIAL PLEASE DO NOT USE THIS SITE; PLEASE DO NOT PARTICIPATE IN THIS TRAVEL.

7.         Some Sections to Especially Read.

YOU AGREE TO ACCEPT AND BE BOUND BY ALL OF THESE TERMS, ALSO INCLUDING PROVISIONS ON GOVERNING LAW, FORUM, JURISDICTION AND SUITS BY YOU.  PLEASE READ THE ENTIRE TERMS.  YOU MAY WISH TO ESPECIALLY READ SECTIONS 20, 25, 26, 27, 28, 29, 38, AND 40, WHICH STATE DISCLAIMERS, LIMITS ON YOUR RIGHT AND TIME TO BRING CLAIMS AND LIMITS AND EXCLUSIONS OF LIABILITY. 

8.         Your User License.

Food Network Travel grants you a limited, nonexclusive, nontransferable license to access the Site and its content according to these Terms.  You agree not to use this Site in any way that violates any of these Terms. You agree to indemnify defend and hold harmless Food Network Travel from any claim, damage, loss, liability, cost, and expense, including attorneys' fees, resulting from your use or misuse of the Site.

9.         Site Location.

This Site is hosted in the State of California, USA. We make no representation that any material on the Site is appropriate or available for use in any particular location or jurisdiction. Accessing this Site is your decision.  You are responsible to comply with local laws, including laws on viewing or receipt of contents of this Site, or on transmission of technical data exported from the USA or the territory where you are located, or using this Site to engage in any transaction.

10.       Price Changes.

The vacations and travel services described in this Site are provided by other companies, like airlines, cruise lines, hotels, sightseeing companies, and tour operators.  Their charges often change.  Reasons include changes in currency exchange rates, changes in fuel or other costs, governments imposing or changing taxes and tariffs, their suppliers changing prices, and many other factors.  Prices may vary based on season, weekend and holiday surcharges, local events and many other factors. Itineraries may vary based on departure day and many other factors.  All prices, even if stated in these terms, can change at any time.  Food Network Travel does not control, operate, or assume responsibility for actions of cruise lines, airlines, railroad companies, ground transporters, tour operators or others. 

11.       Requirements for Deposits and Payment in Full.

A deposit may be required by to secure your reservation.  Normally full payment is due before departure.  For a reservation made closer to departure, full payment may be required with the reservation.  You are responsible to make sure deposits and final payments are made by the due dates. Until payments are confirmed, price, cabin, availability and other aspects are subject to change and cancellation. Some aspects remain subject to change even after payment.  You must pay in United States dollars. 

12.       Personal Expenses.

Phone calls, room service, mini bar/snack/beverage charges, other hotel charges, laundry, excess baggage, other airline charges, personal purchases, visa fees, inoculations and other optional purchases and charges are examples of personal extras, which are not included.

13.       Non-Transferability.

Your reservation is for only the Passenger(s) identified and only for the date and ship for which the reservation is made.  You may not sell or transfer your reservation.  Any attempted sale or transfer by you is void and of no effect. These terms bind, and confer benefits on, and imposes limits, restrictions and exclusions on and/or affecting Passenger, Passenger’s spouse, heirs, executors, administrators, assigns, personal representatives, dependents and next-of-kin.  Passenger represents and warrants that s/he is authorized by and on behalf of all Passengers (including minor children) for which Passenger reserves travel to agree to and to bind all such Passengers to such provisions.

14.       Check Your Reservation.

Your travel may be denied or delayed or disrupted if the name and other data on your passport, proof of citizenship or other identity do not exactly match your name on the reservation.  Food Network Travel shall not be liable for name, address, or other data errors or inconsistencies which occur in the reservation process.  You are responsible to make sure names, addresses and other data on the reservation are an exact match to passport, proof of citizenship and identification used.

15.       Changes.

For a change to a reservation, a fee may be charged.  Date changes may be considered a trip cancellation and cancellation charges may apply.  If original rates are no longer available for your changed travel dates, additional charges may apply.  Changes to air tickets, cruise reservations or other travel are subject to service provider rules, change fees and cancellation policies. You will be required to pay any charges assessed by the airline, cruise line or other service provider.

16.       If You Cancel.

A cancellation request may need to be in writing.  If so, then an attempt to cancel orally may not be effective.  Cancellation fees may be charged.  These may vary depending on the agency and cruise.  For no-show the cancellation charge may be as much as 100%.  There is no refund for any individual unused service or unused portion of your trip. Hotel bookings cancelled after scheduled departure are subject to a 100% cancellation fee.  Food Network Travel reserves the right to charge fees for cancellation or changes to your reservation additional to cancellation and change fees charged by the cruise line, hotel, car company, airlines and other suppliers.  Full or partial refunds, if any, require at least 6 weeks to process, may require more time, and are subject to policies of individual suppliers.

17.       Passport.

Many nations, airlines and cruise lines require your passport number, date, place of issue, and birth date to confirm international travel.  Your passport must be valid for at least six months after your return to the USA.  Several months may be needed to obtain or renew a Passport so please check your Passport now, even if you did not yet reserve travel or do not intend to travel in the near future.

18.       Providing Tour Documents & Tickets.

Your Food Network Travel specialist may be able to provide your tour documents by your choice of electronically or hard copy.  You may be required to first provide full payment and passenger information.  Please ask your Food Network Travel specialist.

19.       Supplier Rules.

Your reservations is subject, in addition to these terms, also to the terms and rules of each supplier and all terms of your program.   A supplier’s terms may differ in many ways from these terms.  Those differences do not change or affect these terms.  These terms apply between you and Food Network Travel.  The other supplier terms apply between you and that supplier.

20.       Disclaimer of Third Party Disclosures and Services.

(a)        Food Network Travel makes no warranty or representation regarding information provided or disclosed by operators or persons and entities other than Food Network Travel; and no representation or warranty regarding information provided by such other persons or entities that is relayed by Food Network Travel.

(b)        Food Network Travel shall have no obligation or liability to Passenger for any act or omission in connection with or arising out of arrangements by Passenger with any person or entity other than Food Network Travel.  Arrangements with others include, but are not limited to: (1) the ship operator; (2) airline and surface transportation; (3) services or products of others, available for Passenger’s convenience aboard the ship; and (4) services, products or transportation off the ship furnished by others, including without limitation, sight-seeing tours, pre-cruise and post-cruise tours, excursions, shore trips and tender service, whether arranged or organized by a tour operator, travel agent or by Food Network Travel. 

(c)        Food Network Travel shall not be liable for failure, default, bankruptcy, negligence, or intentional misconduct of any supplier providing or failing to provide services, or cancellation, trip interruption, difficulties with connecting flights, delay or costs caused by transportation arranged or purchased other than through Food Network Travel.  Food Network Travel does not control and shall not be liable for air flight schedules, carriers selected, or whether flight will be direct or non-stop.  Attempts by Food Network Travel representatives to assist in deviations from the air/sea package, are not assurance that an operator will honor the request. For example, some operators will not consent to air deviations requests. Cruise-only packages do not include ground transfers. Not all Air Sea packages include transfers.

(d)       Food Network Travel shall not be responsible for late arrival of any flight, train, cruise, taxi, vehicle or any other form of transportation or for illness, injury, damage, loss of cruise time or any other loss or damage or resulting irregularities.

21.       Embarkation.

You promise to arrive and be ready to get on the ship at least two hours before scheduled departure time.  At the time of getting on the ship, you and each Passenger you arranged travel for must have already received all medical inoculations necessary for the voyage, valid passport, visas, medical card and other documents necessary for scheduled ports-of-call and disembarkations. Food Network Travel shall have no liability arising from or relating to Passenger's failure to be on-board with all documents prior to ship departure. 

22.       Children.

You acknowledge being aware that cruise lines generally require that any person under age 18 be accompanied by an adult over age 21 who is the child's parent or legal guardian, or who, prior to ship departure, provides the cruise line a written parental or guardian consent or the like, signed by the parent or legal guardian.

23.       Baggage Limit and Marking.

You must inquire to the cruise line and comply with the cruise line’s and ship’s limits regarding baggage limitations, excess baggage charges, and labeling of baggage. 

24.       Pets, and Dangerous or Illegal Items. 

Cruise lines usually do not let you bring any animal (other than a qualified service animal), dangerous article such as a firearm, explosive, flammable or combustible material or non-medical oxygen, alcohol, illegal drug or other illegal substance to, or aboard, the ship.  You shall not bring any such item without first obtaining prior written consent of the cruise line.  You acknowledges that requests to the cruise line for consent are likely to be denied.  If you have any such item at time of embarkation, then before entry on the ship you shall surrender it to the ship’s captain or officer-in-charge, and consent to such person disposing or destroying or giving it to authorities.

25.       Valuables.

Food Network Travel discourages bringing valuables or fragile items during travel or aboard the ship.  You shall be responsible to inquire to the cruise line about safe-keeping facilities aboard the ship.  As between you and Food Network Travel, YOU ASSUME THE ENTIRE RISK OF LOSS FOR BREAKABLES, JEWELRY, MONEY, PRECIOUS STONES, SECURITIES, FINANCIAL INSTRUMENTS, TICKETS AND ANY OTHER VALUABLES. FOOD NETWORK TRAVEL SHALL NOT BE RESPONSIBLE FOR LOSS OF OR DAMAGE TO ANY SUCH ITEM. 

26.       Disclaimer of Travel Conditions. 

Food Network Travel disclaims any representation or warranty regarding conditions of or affecting, health, safety, crime, violence, weather, climate, political events, and or any other conditions and hazards at locations, zones and regions to or through or near which you may voluntarily or involuntarily travel.  You are solely responsible to investigate, seek, obtain and assess information regarding conditions and dangers at and concerning any and all locations, zones and regions.  Food Network Travel encourages you to contact appropriate embassies and consulates, the Travel Advisory Section of the U.S. State Department (202-647-5225), the United States Centers for Disease Control (404-332-4559) and other information sources.

27.       LIABILITY LIMITATIONS REGARDING TRAVEL.

(a)        FOOD NETWORK TRAVEL SHALL HAVE NO LIABILITY FOR LOSS OF, DAMAGE TO OR DELAY IN DELIVERY OR RETURN OF BAGGAGE, VALUABLES AND/OR OTHER PERSONAL BELONGINGS OR OTHER PROPERTY OF PASSENGER.  PASSENGER SHALL LOOK ONLY TO THE CRUISE LINE, AIR LINE OR OTHER SUPPLIER FOR LIABILITY FOR ANY SUCH LOSS OR DAMAGE. 

(b)        FOOD NETWORK TRAVEL SHALL NOT BE LIABLE TO PASSENGER OR ANY OTHER PERSON OR ENTITY FOR INJURY TO OR ILLNESS OR DEATH OF PASSENGER, EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGIC INJURY OR PERMANENT OR TEMPORARY LOSS OF OR DAMAGE TO PASSENGER’S PROPERTY, EVEN IF CLAIMED TO BE DUE PARTLY OR ENTIRELY TO NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL FAULT OF FOOD NETWORK TRAVEL.  AS EXAMPLES, FOOD NETWORK TRAVEL SHALL NOT BE LIABLE FOR INJURY, ILLNESS, DEATH, DAMAGE, DELAY, LOSS OR DETRIMENT CAUSED BY ACT OF GOD, WAR OR WARLIKE OPERATION, TERROR, CIVIL COMMOTION, LABOR TROUBLE, INTERFERENCE BY AUTHORITY, PERIL OF THE SEA, LURCHING OF SHIP, FIRE, THEFT, CRIME, ERROR IN NAVIGATION OR MANAGEMENT OF SHIP, FAULT OR NEGLECT OF PILOT, AGENT OR INDEPENDENT CONTRACTOR TO PASSENGER OR ANY OTHER CAUSE OF ANY NATURE. 

(c)        TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FOOD NETWORK TRAVEL SHALL BE EXCLUDED FROM LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES. IN ADDITION TO ALL OTHER RESTRICTIONS AND EXEMPTIONS FROM LIABILITY IN THESE TERMS, FOOD NETWORK TRAVEL'S LIABILITY FOR DEATH OF OR PERSONAL INJURY (INCLUDING EMOTIONAL DISTRESS OR INJURY) TO PASSENGER SHALL NOT EXCEED THE MONETARY LIMITATIONS IN ARTICLE 7 OF THE ATHENS CONVENTION. 

(d)       NOTHING IN THESE TERMS IS INTENDED OR SHALL OPERATE TO LIMIT OR DEPRIVE FOOD NETWORK TRAVEL OF ANY STATUTORY LIMITATION OF OR EXONERATION FROM LIABILITY, OR OF BENEFITS OF ANY STATUTE OR LAW OF ANY COUNTRY WHICH MIGHT PROVIDE FOR EXONERATION FROM OR LIMITATION OF LIABILITY, INCLUDING BUT NOT LIMITED TO THE CONVENTIONS.

(e)        In the event the above limitations and exclusions are deemed for any reason, not to apply, then in any event, the provisions and limitations of each of the Conventions are deemed to be incorporated by this reference into this Contract.  Where terms of this Contract conflict with an applicable mandatory provision of law or international convention, the provisions of that law or convention prevail. 

(f)        Food Network Travel shall not be liable in excess of the provisions and limitations of the Conventions.  The Conventions in most cases limit liability for death, personal injury, and lost or damaged property. The Athens Convention limits liability for death of or personal injury to a Passenger to no more than 46,666 Special Drawing Rights (as defined therein) (which equals about U.S. $70,300 at May 2010, and fluctuates daily).  (Internet websites are available to tell you current conversion rates or do the conversion for you.  Using an Internet search engine, search "convert special drawing rights to dollars."  Food Network Travel bears no responsibility for search results or accuracy of any search engine you use).

(g)        Where any Convention permits Food Network Travel to apply a deductible, Passenger agrees Food Network Travel shall have the right to apply that deductible.  Food Network Travel hereby notifies Passenger that Food Network Travel intends to apply the deductible.

 

28.       Liability Limitations Regarding Use of this Site.

(a)        FOOD NETWORK TRAVEL SHALL NOT BE LIABLE FOR ANY DAMAGE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGE ARISING OUT OF THE USE OF OR INABILITY TO USE OR DELAY OR ERROR OR INACCESSIBILITY IN USE OF THIS SITE, SERVICE, OR CONTENT, ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; ANY CLAIM ATTRIBUTABLE TO ERROR, OMISSION, OR OTHER INACCURACY IN THE SITE, SERVICE OR CONTENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR ANY OTHER MATTER RELATING TO THIS SITE, SERVICE, OR CONTENT, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF THE DAMAGE. IF YOU ARE DISSATISFIED WITH THIS SITE, SERVICE, CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THIS SITE.

(b)        IN THE EVENT THAT FOR ANY REASON THE ABOVE LIMITS OF LIABILITY IN THIS SECTION 28 ARE NOT ENFORCEABLE OR DO NOT APPLY, OUR LIABILITY FOR THE MATTERS DESCRIBED IN SECTION 28(a) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, AND SHALL, IN NO EVENT, EXCEED TWO HUNDRED FIFTY DOLLARS ($250) EACH TO YOU AND TO EACH PERSON YOU ARRANGE TRAVEL FOR.

29.       Time Limits for Claims.

(a)        Under the Athens Convention (and thus under this Contract) any action for damages arising out of personal injury, death, or lost or damaged luggage shall be time-barred after two (2) years. The limitation period is calculated as follows: (i) for personal injury, from the date of disembarkation of Passenger; (ii) for death occurring during carriage, from the date when Passenger should have disembarked; (iii) for personal injury during carriage resulting in death after disembarkation, from the date of death, but not more than three (3) years after disembarkation; and (iv) for lost or damaged luggage, from the date of disembarkation or the date when disembarkation should have taken place, whichever is later.

(b)        In no case shall an action be brought after expiration of a period of three (3) years from the date of disembarkation of Passenger or the date when disembarkation should have taken place, whichever is later.

(c)        If it is determined that Food Network Travel is not entitled to all benefits of a Convention, including limitations stated above, Passenger may not maintain a lawsuit against Food Network Travel, nor will Food Network Travel be liable, for loss of life or bodily injury unless written notice of the claim is delivered to Food Network Travel not later than six (6) months after the date of death or injury, the lawsuit is commenced not later than one (l) year after the date of death or injury, and valid service of the lawsuit on Food Network Travel is made within thirty (30) days after commencement and in any event no later than thirty (30) days after expiration of that one-year period. For all other claims, including but not limited to claims for loss or damage to baggage, breach of contract, or other claim, not governed by the Conventions, Passenger may not maintain a lawsuit against Food Network Travel unless Food Network Travel is provided written notice of the claim within thirty (30) days after the date of disembarkation, the lawsuit is commenced not later than one-year after the date of disembarkation, and valid service of the lawsuit on Food Network Travel is made within thirty (30) days after commencement of the lawsuit and in any event no later than thirty (30) days after expiration of that one-year period. In the case of a claim by or on behalf of a minor or legally incompetent person, the above time periods shall begin to run on the earlier of: (i) date of appointment of a legal representative for the minor or legally incompetent person, or their estate; or (ii) three (3) years after the date of death, injury or damage, as applicable.

(d)       IF EITHER: (I) THE WRITTEN CLAIM IS NOT MADE WITHIN THE TIME LIMIT PROVIDED IN THIS SECTION 29, OR (II) SUIT IS NOT COMMENCED WITHIN THE TIME LIMIT PROVIDED IN THIS SECTION 29, THEN IN EITHER CASE, PASSENGER SHALL BE DEEMED TO HAVE WAIVED AND RELEASED ANY RIGHT TO MAKE A CLAIM AGAINST FOOD NETWORK TRAVEL FOR ANY SUCH BODILY INJURY, EMOTIONAL DISTRESS OR INJURY OR DEATH OR LOSS.

30.       Program Changes. 

Circumstances may require us or a service provider to adjust aspects of your travel. For example, ports and routes can be affected by weather, water levels, incidents, danger or other conditions. Travel destinations could be affected by unanticipated events. Situations may arise when a hotel or other advertised aspect of a tour is not available. Featured guests, celebrities, chefs or other talent could change, cancel or for other reason not appear or their announced program could change or not occur. We and service providers reserve the right to make adjustments based on or due to these or other conditions and circumstances and or other changes and/or substitutions, also including, as examples, point of embarking, debarking, mode of travel, schedule, sightseeing itinerary, cancellation of or alternate events, guests, celebrities, chefs, other talent or programs, timing, hotel or other accommodations, overall itinerary or any and all other aspects of your travel, whenever in our or their judgment (even if the judgment is incorrect) circumstances or conditions warrant, or we or they deem it appropriate for comfort, convenience, economy, or safety, or for reasons beyond their or our control or other reasons. These changes do not result in you having a right to cancel, or excuse you from paying cancellation fees. You accept the risks, and waive any claim against Food Network Travel for damages, loss or refund, arising from the cruise line, ship or other supplier or participant making a decision or being required or forced by forces, conditions, circumstances or requirements, to advance, alter, delay, amend, cancel, shorten or lengthen sailing or changing any aspect of the travel, any event, guest, celebrity, chef or talent, deviate from a stated, planned or usual itinerary or route, omit or change any port(s)-of-call, arrange for approximately equivalent transportation by another vessel and/or other means of transportation, also including without limitation coach or other land transportation, and to cause you to disembark early, late, temporarily or permanently.

31.       You Should Get Insurance.

TO REDUCE OR MANAGE YOUR RISKS OF LOSING YOUR INVESTMENT IN YOUR TRIP OR VACATION, FINANCIAL LOSS AND OTHER LOSS ARISING FROM CANCELLATION OR DELAY OF TRAVEL, INJURY, DEATH, LOSS OF OR DAMAGE TO PROPERTY AND OTHER RISKS, WE URGE YOU TO OBTAIN YOUR OWN VACATION PROTECTION INSURANCE, TRAVEL INSURANCE, ACCIDENT, LIFE, PROPERTY AND OTHER FORMS OF INSURANCE.  You should obtain this preferably at the time of booking, or earlier, but in any event as soon as possible.  Your Food Network Travel Specialist can discuss insurance with you and there are also other available sources of information and/or insurance.

32.       Health and Safety. 

You represent and warrant that you, and each person for whom you made a reservation: (a) is physically, emotionally and in all other respects fit to travel; (b) is free from any ailment that creates material risk to Passenger or others from participation in the voyage; (c) will at all times comply with all rules and regulations of the ship and all orders and directions of the ship’s officers and staff; and (d) will not act or behave in any way that inconveniences or impairs safety of other passengers or the ship.  You acknowledge and agree that the operator or captain or other ship’s officer shall have the right, without liability, to refuse boarding, refuse to transport you and any other passenger(s) for whom you made the reservation, refuse further transport, land any such person(s) at any port or place, or transfer any such person(s) to other transportation, based on health or physical condition, mental disorder, violation of a ship rule or regulation, failure to follow order or direction of ship officer or staff, failure to possess necessary passport, visa and health or vaccination certificate, disruptive behavior, concern that any passenger may be excluded from landing at or entry to a destination by a government's immigration or other authority, or other cause indicating a passenger is unfit or raising doubt about that individual’s fitness to travel on the ship, or for any other reason in the judgment of the operator or ship’s captain or other ship’s officer (excluding action based on an unlawfully discriminatory reason).  You acknowledge that if you or any passenger for whom you made the reservation are refused passage or voluntarily or involuntarily leaves the ship for a reason described in this section 32, or other reason including, but not limited to, personal, medical, or business reason, you will have no right to a refund from Food Network Travel for any portion of the price, or reimbursement of any costs.  You will have no right to a refund from Food Network Travel in any such circumstances.

33.       Accommodations.

(a)        If you (Passenger) have a disability and reasonable accommodation may enable you to use our services, please let your Food Network Travel specialist know how we or the ship operator or other service provider can help.  You shall inform Food Network Travel in writing, before or at the time of making your reservation, but in any event at the earliest possible time, of any mobility impairment or other physical, emotional or mental condition which may require accommodation or use of an assistive device during the travel.  If the impairment or condition first arises after booking, you shall inform Food Network Travel in writing at the earliest possible time.  Food Network Travel will consider and may confer with you and/or with the operator or others regarding possible accommodations.

(b)        Food Network Travel does not discriminate unlawfully on the basis of disability.  But Food Network Travel is not the ship or airline or any other operator.  You acknowledge that suppliers may have their own policies, for example, a ship operator or other supplier may: (i) require that a Passenger who, due to impairment, is not self-sufficient, travel with a companion who shall take responsibility for any assistance needed during the voyage and in case of emergency; and (ii) exclude an individual with a disability that would result in a direct threat to the health and safety of others or to that individual, if the operator determines there is a significant risk that cannot be eliminated or reduced to an acceptable level by reasonable modifications to the ship or operator policies, practices and/or procedures or by appropriate assistive devices or services. 

(c)        If you fail to timely inform Food Network Travel or any operator of any impairment or condition and it is determined based on information that you should have provided, your continued participation poses a safety risk to you or direct health or safety threat to others, you acknowledge that you could be excluded from embarking or further participation.  Food Network Travel shall have no liability relating to any condition, treatment, failure to inform Food Network Travel of an impairment, or resulting exclusion. 

34.       Indemnity by Passenger. 

Passenger shall indemnify, defend and hold Food Network Travel harmless for all penalties, fines, charges, losses, damages, costs and expenses incurred or imposed on any person or entity due to any act or violation of law by Passenger.

35.       Consent to Search and Seizure. 

Passenger acknowledges that Passenger may be subjected to, and Passenger consents to, search of Passenger’s person, baggage or other property, and removal, confiscation and destruction of any item(s) which are prohibited as described in Section 24, or, in the opinion of the operator or ship’s captain, may impair ship safety or inconvenience other passengers.

36.       Third Party Beneficiaries. 

Passenger agrees that all rights, exemptions from and exclusions of liability, defenses and immunities in these terms for the benefit of Food Network Travel, shall also benefit any employee, agent or independent contractor of Food Network Travel acting in the course of or in connection with their employment or engagement so that in no circumstance shall any such employee, agent or independent contractor, as the result of so acting, be under any liability to Passenger in excess of or of a different nature than that of Food Network Travel.

37.       No Liability For Medical Treatment.

Food Network Travel makes no representation or warranty that any particular medical service is or will be available at any particular time or place.  Passenger shall be responsible to inquire to the operator.  Passenger shall be responsible for all costs and expenses of medical services, treatment, medications and assistive devices. Food Network Travel shall have no liability for any cost of, or incurred in connection with, medical services, or for quality or any aspect of treatment Passenger receives. 

38.       Acts and Events Beyond Food Network Travel’s Control.

Food Network Travel shall not be liable for death, bodily injury, illness, damage, delay or other loss, cost, expense or detriment to person or property or for Food Network Travel’s failure to start, perform and/or complete any duty or obligation owed if the death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss, cost, expense or detriment is caused by act-of-God, war or war-like operation, terror, civil commotion, labor difficulty, whether or not Food Network Travel is a party, interference by authority, requisitioning or seizure or sequestration (or the like) of a ship, breakdown, political disturbance, peril of the sea, weather condition, riot, insurrection, government restraint, or any other cause beyond Food Network Travel's control.

39.       Independent Contractors.

The services, also including, without limitation, transportation, lodging, and sightseeing, are provided by carriers, hotels, and other suppliers that are independent contractors to you, and not agents, employees, partners, or joint venturers of Food Network Travel.  Your Food Network Travel specialist is an independently owned and operated travel agency, which is not an agent or representative of, Signature Travel Network, and has no authority to obligate or bind TVFN or Signature. TVFN AND/OR SIGNATURE OR ANY TOUR OPERATOR OR TOUR ADMINISTRATOR SHALL NOT BE CONSTRUED AS A CARRIER UNDER CONTRACT FOR SAFE CARRIAGE OF THE PASSENGER OR BAGGAGE AND BELONGINGS.

40.       Disclaimers of Warranties As to This Site.

THIS SITE AND CONTENTS ARE PROVIDED "AS IS," WHERE IS,” "AS AVAILABLE," WITH ALL FAULTS, AND WITH NO WARRANTY OF ANY KIND.  TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  WE MAKE NO REPRESENTATION OR WARRANTY WHATEVER REGARDING COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OR ANY ASPECT OF THIS SITE OR CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE.  WE DO NOT WARRANT THAT OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS TO EQUIPMENT OR SOFTWARE.

41.       Restriction on the Disclaimer of Warranties and Exclusions of Damages.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.  THEREFORE, DEPENDING WHICH STATE YOU ARE IN, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. 

42.       Indemnification.

You understand and agree you are personally responsible for your behavior on this Site. You agree to indemnify, defend and hold harmless Food Network Travel, Signature their respective parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, members, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, violation by you of this Agreement, and any negligent, willful or other culpable act or omission by you or persons you arrange travel for.

43.       Third-Party Web Sites.

Any links on this Site to third party web sites or information are provided only as a convenience to you. Such links do not express or imply endorsement, sponsorship, or recommendation by us of the third party, the third-party web site, or information therein. We are not responsible for availability of any such web sites. We are not responsible or liable for any such web site or its content. If you use the links to the web sites of anyone else, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those sites.

44.       Right to Refuse Service and/or Removal.

We reserve the right to refuse service to you or anyone, in our sole discretion and without notice.

45.       Trademarks and Copyright.

The Food Network, Signature, our various logos, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress, respectively, of TVFN, and/or Signature or other respective owners (the "Marks"). The use or misuse of any Marks or any other materials contained on this Site, without prior written consent is prohibited.  The Site design, text, content, selection and arrangement of elements, organization, graphics, images, compilation and other matters related to the Site are protected under copyright laws. 

46.       You Do Not Acquire Rights in Elements of this Site.

You do not acquire any rights to any elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without our prior written consent.

47.       No Copying or Editing.

No material from this Site may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold or distributed in any way, without our prior written consent, except that, as stated in Section 3, you may print a copy of these terms to review them and to have a record of the terms.  You may not frame or mirror any material on this Site on any other server or other location. Unauthorized use of any such material on any other Web site or computer environment or elsewhere is prohibited.

48.       Use of “Cookies” and Other Web Technologies.

We use “cookie” technology and IP addresses to obtain non-personal information from on-line visitors, in our effort seeking to provide quality, personalized on-line experience. To do this we track information such as type of browser (e.g., Internet Explorer, Safari, Google Chrome, Mozilla Firefox, etc.) and operating system (e.g., Windows, Mac, Linux, etc.) used by the visitor, and domain name of the visitor’s Internet service provider. We track total number of visitors to our site in an aggregate form seeking to help us update and improve our site and keep our site fresh and interesting to visitors and help us deliver content tailored to visitor interests. A visitor may be able to disable cookies or set a browser to provide the visitor an alert when cookies are sent. This may reduce our ability to optimize visits.  You waive any objection to our use of cookies or other similar technologies. 

49.       Errors and Corrections.

We do not warrant or represent that the Site is or will be error-free. Data entry errors or other technical problems sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracy or typographic error, including pricing descriptions and availability of services, and shall have no liability for errors. If a service is listed at an incorrect price or other incorrect aspect, we shall have the right to refuse or cancel any purchase of that service. We can refuse or cancel any purchase whether or not the purchase was confirmed and/or charged.

50.       Changes To These Terms.

We reserve the right, in our sole discretion, to change these Terms any time. Updated versions of the Terms will be posted here on this Site and are effective immediately on posting. The date of the newest version is posted below. Please check frequently, especially before you use this Site, to see if these Terms changed. Use of the Site after any changes to the Terms constitutes your consent to the changes.

51.       User Conduct.

You agree to use the Site only to obtain information on travel for purposes of considering whether to reserve travel with us. You agree not to take any action that may compromise security of the Site, render the Site inaccessible to others or otherwise damage the Site or its content. You agree not to add to, subtract from, or otherwise modify the content, or attempt to access any content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. You agree not to use the Site in violation of these terms, in any unlawful way, or for any unlawful purpose.

52.       Solving Disputes.

Any unresolved dispute or controversy arising under or in connection with the services provided by shall be settled exclusively by arbitration, conducted before the American Arbitration Association in Los Angeles, California, in accordance with the rules of that body then in effect. The arbitrator shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages. A decision by the arbitrator shall be final and binding. Judgment may be entered on the arbitrator's award in any court having jurisdiction. Each party shall be responsible for the fees and expenses of their legal representation and the costs of arbitration shall be shared equally.  This arbitration provision shall be subject to and the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

53.       Governing Law and Jurisdiction.

By accessing this Site, you are electing to visit us at our host location in California. These terms apply to claims, suits and litigation of any kind whether against Food Network Travel or its personnel.  These terms are deemed to be made and entered into in Los Angeles, California, USA.  Subject always to the Conventions and such other international agreements and conventions as may apply, all questions arising under this Contract shall be decided according to the laws of the State of California, excluding rules of conflicts of laws.  Subject to the arbitration provision in Section 52, Food Network Travel and Passenger agree to submit exclusively to the jurisdiction of the courts located in Los Angeles, California, USA to the exclusion of jurisdiction of courts of any other state or country (but this sentence is not intended to waive or modify the agreement to arbitration provided in Section 52). Passenger waives any venue or other objection to venue that may be available to any such action or proceeding being brought in said court.

54.       Interpretation.

If any provision of these terms is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed to be severed and of no force and effect and all remaining provisions shall remain in effect. The invalid or unenforceable provision shall be deemed to be replaced by a lawful provision or reduced to a lawful scope, in either case, that is as close to the purpose and economic content of the invalid or unenforceable provision as is lawful.  Headings in these terms are only for convenient reference and shall not be used to interpret, construe, define or limit any provisions. Whenever the context requires, references to the one gender shall include all others, and references to the singular shall include the plural, and vice-versa.  Passenger acknowledges that the travel contemplated by these terms is voluntary; Passenger is not obligated to purchase services via or from Food Network Travel, and thus is not obligated or in any way forced to enter into these terms. The provisions of these terms were developed to achieve a delicate balance and exchange of rights, remedies, limitations, exclusions, risks and risk management and economics between Passenger and Food Network Travel; and the balance provides substantial benefits to Passenger, which Food Network Travel could not offer at the attractive price(s) offered, but for the delicate balance in these terms.  Accordingly, the provisions of these terms shall be interpreted and construed according to their fair meanings and not strictly for or against any party.

55.       Notices.

Except as otherwise expressly provided in these terms, all written notices required by these terms must be delivered by recognized overnight delivery service (such as Fedex or UPS) or by certified mail, return receipt requested, postage prepaid to:

Signature Travel Network Cooperative, Inc.
4640 Admiralty Way, Suite 306
Marina Del Rey, CA  90292

 

56.       Entire Agreement.

These terms form the entire agreement and a binding contract between Passenger and Food Network Travel.  These terms supersede any oral or written representations. Any claimed change in these provisions is not effective unless in writing and signed by the President of Food Network Travel (and such signature may be conditioned on a commensurate increase in fare and other charges).

57.       Your Comments.

If you have any concern about the Site or these Terms, please send an e-mail to Administrator@FoodNetworkTravel.com, or call us at 1-310-574-0883 or send us mail at 4640 Admiralty Way, Suite 306, Marina Del Rey, California 90292, which is our address. We will make a reasonable effort to address your concerns and try to remedy a problem you bring to our attention.  We do not assure that we will be able to do so.

Updated and effective November 22, 2010
Copyright 2010 Signature Travel Network  All Rights Reserved.