CURATED by Czerlonka

Terms and Conditions of Travel

Effective May 10, 2025

IMPORTANT INFORMATION ABOUT THESE TERMS

By booking a Travel Experience, you accept the Terms and Conditions of Travel effective as of that date (the “Terms and Conditions”) and any other terms and conditions that are provided to you during the booking process that are incorporated herein by reference. You may book a Travel Experience for yourself (as a “Traveler,” or as otherwise described herein as “you”) or a travel advisor or other third party may book a Travel Experience on your behalf. Any individual or agency booking a Travel Experience on behalf of a Traveler hereby represents and warrants that it acting as Traveler’s agent and can bind the Traveler to these Terms and Conditions.

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE REFRAIN FROM BOOKING OR PURCHASING A TRAVEL EXPERIENCE. BY BOOKING A TRAVEL EXPERIENCE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WHICH CONTAIN, AMONG OTHER PROVISIONS, MANDATORY ARBITRATION, A WAIVER OF CLASS-ACTION RIGHTS, AND LIMITATIONS OF LIABILITY.

1. Definitions

“Additional Traveler” means any person or persons in addition to Traveler, included in the same Booking and named on the confirmation email sent to Traveler by CURATED in response to the Booking.

“Booking” means a reservation for a Travel Experience made by or on behalf of Traveler, which when accepted by CURATED through a confirmation email to Traveler or Traveler’s travel advisor or other agent, becomes part of the binding contract between Traveler and CURATED.

“Communicable Disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another, whether by direct contact or through the air.

“Creditable Event” means a medical or family emergency that requires you to cancel your Travel Experience less than sixty (60) days before departure, or that interrupts your Travel Experience after it has begun, consisting of any of the following: (a) you, an Additional Traveler, or an  immediate family member dies or suffers an unexpected and disabling injury or illness requiring hospitalization; (b) you, an Additional Traveler, or an immediate family member suffers a certifiable personal disaster (e.g. loss of home to fire or flood); (c) you or your spouse are called into active military service or have leave revoked; or (d) you lose your employment. The final determination as to whether a Creditable Event has occurred will be made by CURATED in its sole discretion.

“CURATED” (sometimes also referred to as “we” or “us”) means Czerlonka Event Design and Management dba CURATED, together with its owners, parents, subsidiaries, affiliates, principals, agents, and all employees and agents of such individuals, companies, and other entities.

“Force Majeure Event” means an event or circumstance beyond the reasonable control of CURATED or its suppliers, the consequence of which neither CURATED nor its suppliers could avoid even with all due care, including, but not limited to: war or threat of war; riot; civil strife; hostile political actions; terrorist activity (actual or threatened); industrial disputes; technical problems with transport, machinery or equipment; outages or power failures; natural or nuclear disaster; fire, flood, volcanic eruptions, drought or adverse weather conditions; pandemics, epidemics or outbreaks of illness; and ice conditions in oceans and level of water in rivers.

“Travel Experience” means a trip offered by CURATED through its Website or by phone that is the subject of a Booking. Each Travel Experience starts on the departure date and ends on the return date. Travel Experiences arranged by CURATED may include customizable elements (e.g., restaurants, spa or health treatments, adventure experiences, etc.).  When making a Booking, Travelers are encouraged to consult with a CURATED representative by phone to discuss and select such elements.

“Travel Experience Information” means the information about the Travel Experience included in a CURATED brochure or social media post, or made available on its Website, and any other information provided by or on behalf of CURATED to Traveler or to a travel advisor or other third party for use by Traveler.

“Website” means the set of related web pages, documents, and hypertext links accessible at https://www.czerlonka.com/, and https://uni.swoogo.com/curated, as well as any Travel Experience mobile app made available by CURATED to Travelers.

2. Deposit and Payment Schedule

Traveler will pay the total Travel Experience cost indicated in the Booking and confirmation email (“Cost”) in accordance with the following schedule. Costs for Travel Experiences are per person, double occupancy, except as indicated in the Booking.

Payment Type	Payment Details	Payment Deadline
Deposit	20% of the Cost is required to reserve your Travel Experience	Due and must be received at the time of Booking
Second Payment	50% of Cost	Due and must be received no later than one hundred eighty (180) days prior to the Travel Experience departure date
Final Payment	Remaining balance of Cost (i.e., 30% of Cost)	Due and must be received no later than sixty (60) days prior to the Travel Experience departure date

 

Notwithstanding the foregoing, if you make a Booking less than sixty (60) days before the Travel Experience departure date, the Cost is due at the time of Booking and becomes nonrefundable seven (7) days after the date of Booking.

3. Payment Terms 

Traveler will make all payments in U.S. dollars by major credit card. Failure to strictly comply with the deposit and payment schedules, or any other deadlines related to providing required information to CURATED to arrange the Travel Experience, may result in automatic cancellation of the Booking. In lieu of termination, CURATED may, in its sole discretion, (a) charge interest on past due amounts at an interest rate that is the lesser of (i) the rate of one and one-half percent (1.5%) per month and (ii) the highest rate permissible under applicable law, calculated daily and compounded monthly, and (b) require Traveler to reimburse CURATED for all reasonable costs incurred in collecting any past-due amounts, including, without limitation, attorneys' fees.

Traveler agrees to provide CURATED with valid credit card information and to keep such information up to date through the end of the Travel Experience. CURATED may take commercially reasonable actions to validate Traveler’s credit card information. If Traveler provides CURATED with a purchase order, any different or additional terms and conditions in any purchase order shall be void and of no effect and are hereby rejected by CURATED. CURATED has the right to cancel any purchase order or to refuse or delay fulfillment thereof for any reason or no reason. No purchase order is binding upon CURATED unless accepted by CURATED in writing.

If CURATED does not receive payment from Traveler’s credit card issuer, Traveler agrees to pay CURATED all Costs immediately upon demand, including any additional fees resulting from the failure of Traveler’s credit card issuer to process charges. Unless prohibited by applicable law, Traveler agrees not to cancel, revoke, chargeback, or dispute any amounts previously charged to Traveler’s credit card. If Traveler does any of the foregoing and it is later determined that the charge was properly authorized pursuant to these Terms and Conditions, Traveler agrees to pay all out-of-pocket fees and costs incurred by CURATED as a result of the improper cancellation, revocation, chargeback, or dispute.

All fees and other amounts payable by Traveler hereunder are exclusive of taxes and similar assessments. Traveler is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Traveler hereunder, other than any taxes imposed on CURATED’s income.

If you use a travel advisor or other third party to complete a Booking or make any other arrangements for the Travel Experience (including related transportation, lodging, or activities) on your behalf, this individual or entity acts solely for you as your agent, and not as agent for CURATED. CURATED is not responsible for any acts, omissions or representations by your travel advisor or agent, including but not limited to, any failure to remit a deposit or other payment on your behalf, or any failure to remit a refund from CURATED to you. By using a travel advisor or other third party to arrange a Booking, you agree that CURATED may communicate directly with and receive information from such individual or entity as your agent.

4. Cancellation and Refund Policy

To cancel a Booking or Travel Experience for any reason, you must provide CURATED with written notice. In the event that you cancel the Booking, or if the Travel Experience is canceled by CURATED in accordance with Section 3, the fees in the below table (“Cancellation Fees”) shall apply. Cancellation Fees are based on the departure date of the Travel Experience, the date of Booking, and the date that you request cancellation of the Travel Experience or that CURATED notifies you of cancellation pursuant to Section 3 (“Cancellation Date”). You acknowledge that your cancellation will cause CURATED difficulty in selling a Travel Experience to a replacement traveler and thus the Cancellation Fees described herein apply regardless of whether your Travel Experience is resold. You agree that any losses sustained by CURATED in the event of cancellation would be difficult or impossible to quantify, and the Cancellation Fees are fair and reasonable as liquidated damages. The following Cancellation Fees will be assessed for all cancellations between the Booking date and the Travel Experience departure date:

Cancellation Date	Cancellation Fee
Within 7 days of the date of Booking	No Cancellation Fee; and CURATED will return to Traveler the full amount of the Deposit paid by Traveler to CURATED prior to Cancellation Date
120 days or more prior to the departure date of the Travel Experience (but more than 7 days after the date of Booking)	Traveler forfeits the full amount of the Deposit paid by Traveler to CURATED prior to Cancellation Date; and CURATED will return to Traveler the full amounts of the Second Payment and Third Payment paid by Traveler to CURATED prior to Cancellation Date
0-119 days prior to the departure date of the Travel Experience (but no more than 7 days after the date of Booking)	No Cancellation fee; and CURATED will return to Traveler the full amount of the Cost paid by Traveler to CURATED prior to Cancellation Date (i.e., at the time of Booking)
60-119 days prior to the departure date of the Travel Experience (but more than 7 days after the date of Booking)	Traveler forfeits the full amounts of the Deposit, Second Payment, and Third Payment paid by Traveler to CURATED prior to Cancellation Date; and Traveler will not be responsible for paying the Final Payment to CURATED
0-59 days prior to the departure date of the Travel Experience (but more than 7 days after the date of Booking)	Traveler forfeits the full amount of the Cost (including the Deposit, Second Payment, Third Payment, and Final Payment) paid by Traveler to CURATED prior to Cancellation Date

 

You will not be entitled to a refund of any amounts paid if you fail to appear on the departure date or if you must leave the Travel Experience prematurely for any reason (including by CURATED for safety or other reasons). CURATED will not be responsible for any lodging, meals, return transportation, medical or other expenses or losses incurred by any Traveler in such circumstances.

Notwithstanding the foregoing, CURATED, at its sole discretion, may elect to provide you with a credit for future travel arranged by CURATED if you cancel your reservation due to a Creditable Event, or if your Travel Experience is interrupted by a Creditable Event.

In the event that we cancel your Travel Experience for a reason other than (i) for your non-payment of the Cost or as otherwise set forth in Section 3, or (ii) due to a Force Majeure Event as set forth in Section 10, the entire amount that you have paid for the cancelled Travel Experience will be refunded to you within fourteen (14) days after cancellation.
 

5. Additional Travel Experience Terms

 

1. Changes. CURATED may change the prices for Travel Experiences set forth in the Travel Experience Information at any time prior to Booking. Any modification to your Travel Experience plans by you, including dates or number of people traveling, will require a revised Booking, which may reflect price changes from the original Booking. You agree to accept such price changes, subject to the provisions of these Terms and Conditions relating to cancellation. CURATED reserves the right to modify the itinerary for your Travel Experience, including pre-arranged sightseeing, and to substitute accommodation and transportation for that originally reserved at any time due to unforeseen circumstances or circumstances beyond CURATED’s control. CURATED will use reasonable efforts to operate itineraries as planned, but alterations may occur after the final itinerary has been issued.

 

2. Travel-Related Insurance. If Traveler is a member of the Explorer Select program offered by CURATED, or if Traveler purchases round-trip air transportation to and from the Travel Experience through CURATED, complimentary travel-related insurance is available. For all other Travelers, travel-related insurance is not provided by CURATED or included in the Cost of the Travel Experience and may be available for purchase through third-party vendors and is strongly recommended.

 

3. Air Transportation. Unless otherwise specified in the Booking, air transportation to and from the Travel Experience destination(s) is not included. Air transportation between one or more destinations during the Travel Experience may be included in the Booking. If air transportation is included, its associated fees will be reflected in the Cost, as shown in the Booking. All air carriers are independent third parties and are not owned, managed, controlled, or operated by CURATED. Your airline ticket constitutes a contract between yourself and the airline, and not CURATED, even if purchased through CURATED or a company recommended by CURATED. CURATED assumes no responsibility or liability for seat assignments, name changes, schedule changes, insufficient travel documentation, flight changes, or flight cancellations. Should you cancel or change your air transportation reservations before or after your Travel Experience begins, you will be responsible for all airline change and cancellation fees.

 

4. Travel Documents, Passports, and Visas. Traveler is solely responsible for obtaining, and having available when needed, the appropriate valid travel documents in order to participate in the Travel Experience, and CURATED does not accept responsibility for obtaining required visas or for advising Travelers of visa or other immigration requirements. You must have in your possession at the time of departure: a passport valid until six (6) months after completion of the Travel Experience (if leaving the United States at any time) or a valid government-issued identification (if not leaving the United States), any required visas, affidavits, inoculations and/or vaccination cards compliant with requirements of the destinations included in the Travel Experience, and all other documents necessary for the destinations included in the Travel Experience. Failure to obtain a needed passport or visa prior to departure may result in termination of the Booking without a refund. CURATED will not be responsible if Traveler or an Additional Traveler is denied boarding of any flight, vessel or train, or entry into any country, as the result of not having proper travel documents.

 

5. Minors Policy. CURATED Travel Experiences are designed exclusively for adults 21 years and older and minors (as defined by applicable law) are not permitted to participate. However, if you request, and CURATED agrees, to plan a private Travel Experience with a custom itinerary in which minors will participate, the following terms will apply: 

 

• All minors must be accompanied and supervised at all times by an adult Traveler or Additional Traveler.
• The adult Traveler or Additional Traveler will be responsible for providing appropriate and necessary documentation that proves their relationship to the child (e.g., the child’s birth certificate) and/or evidence that they have permission to travel with the child (such as a consent letter from a parent).
• You will be responsible for complying with the appropriate government authorities in providing necessary documents required for travel with minors.
• CURATED will not be responsible should the Traveler, minor, or any other Additional Traveler be denied entry to a country due to noncompliance with the country’s requirements for traveling with minors.

 

6. Items Included and Not Included in Travel Experience. Specific items included in your Travel Experience (e.g., meals, guided sightseeing, entrance fees for museums or parks, porterage, complimentary Internet access where available) will be noted in the Booking. Items generally not included in any Travel Experience include (but are not limited to) transportation to or from the destination(s) other than those specified in the Booking, meals other than those specified in the Booking, room service, personal expenses such as laundry and valet service, communication charges, optional activities, and gratuities other than those specified in the Booking. Such items, if desired, are the sole responsibility of Traveler.

 

6. Representations; Acknowledgments; Disclaimers

 

1. Traveler Representations and Warranties. Traveler represents and warrants on his or her behalf and on behalf of any Additional Travelers, that at all times from the date of Booking through the Travel Experience return date:

 

1. Traveler, or his or her travel advisor or agent, has the full power and authority to enter into these Terms and Conditions on behalf of himself or herself and any Additional Travelers.

 

2. Traveler and all Additional Travelers are physically, emotionally, and otherwise fit to participate in the Travel Experience and have received all required vaccinations or other medical interventions recommended by their physician for traveling to the Travel Experience destinations.

 

3. While participating in the Travel Experience, Traveler and all Additional Travelers will comply at all times with applicable laws, rules, and regulations of the Travel Experience destinations.

 

4. While participating in the Travel Experience, Traveler and Additional Travelers will conduct themselves in an orderly and acceptable manner and will not impair the safety of, jeopardize, or inconvenience other Travelers during the Travel Experience.

 

2. Traveler Acknowledgments. Traveler acknowledges on his or her behalf and on behalf of any Additional Travelers:

 

1. Photography Release. As partial consideration for providing the Travel Experience, CURATED may take (or cause to be taken) photographs and videos of Traveler and Additional Travelers during any part of the Travel Experience, and may use, reuse, publish and republish the image, identity, likeness, voice, interviews, statements, video clips and sound recordings, and/or photographic pictures or portraits in which Traveler or Additional Travelers may be included (each, an “Image”), for promotional purposes of CURATED during the Travel Experience and at any time thereafter, in any form of media including but not limited to the internet. Traveler and Additional Travelers acknowledge that CURATED is the owner of the Images and expressly agrees that CURATED may use the Images in the manner described above without compensation.

 

2. Physical Activities. Participation in the activities of a Travel Experience is at Traveler’s and Additional Travelers’ own risk. Climbing, hiking, extensive walking, use of various types of transportation and recreational vehicles, and other physical activity, as well as presence at high altitudes, and other potentially hazardous activities may involve significant risk of injury or death. By taking part in such activities, Traveler and Additional Travelers incur and assume all of the risks that such activities present, including the risk of injury or death. As CURATED is not qualified to evaluate the fitness of any participant, Traveler, and Additional Travelers (or their respective physicians) are responsible for evaluating fitness for any given activity during the Travel Experience.

 

3. Public Health; Communicable Diseases. An inherent risk of exposure to Communicable Diseases (including, for example, COVID-19 and SARS-CoV-2) exists in any public place where people are present, including airports, hotels, cruise ships and other travel facilities. By voluntarily participating in the Travel Experience, you acknowledge and voluntarily assume any and all risks in any way related to exposure to any Communicable Disease, including illness, injury, or death of yourself or others.

 

3. CURATED Disclaimer of Warranties. CURATED provides the Travel Experience and components thereof, Traveler Experience Information, and the Websites on an “as is” basis without warranties of any kind, express or implied, including but not limited to any warranty of merchantability, title, non-infringement of third-party rights, fitness for a particular purpose and those arising from course of dealing or performance.

 

7.  Indemnification

Traveler shall be liable for and indemnify, defend and hold harmless CURATED and its respective officers and directors, employees, agents, contractors, and vendors  (the “CURATED Parties”) from and against any and all liabilities, claims, demands, actions, damages and costs (including attorneys’ fees and expert expenses) that may be directly or indirectly incurred by the CURATED Parties to the extent such liabilities, claims, demands, actions or costs arise out of any act or omission of the Traveler or any Additional Traveler in connection with the Booking, the Travel Experience, or as a result of any breach by Traveler or any Additional Travelers of the Terms and Conditions.
 

8. Limitation of Liability; Assumption of Risk; Waiver and Release

 

1. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL THE CURATED PARTIES BE LIABLE TO TRAVELER, ADDITIONAL TRAVELERS OR ANY THIRD PARTY, INCLUDING A TRAVELER’S OR ADDITIONAL TRAVELER’S HEIRS, executors, OR administrators  FOR ANY: (i) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF CONTRACT OR OTHER OPPORTUNITY) ARISING OUT OF THE BOOKING OR THE TRAVEL EXPERIENCE, REGARDLESS OF WHETHER THEY HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, (ii) EMOTIONAL DISTRESS, MENTAL ANGUISH OR PSYCHOLOGICAL INJURY OF ANY KIND, OR (iii) ANY DIRECT DAMAGES IN EXCESS OF TWO TIMES THE AMOUNTS THAT THE CLAIMANT ACTUALLY PAID TO CURATED FOR THE APPLICABLE TRAVEL EXPERIENCE.

 

2. BY PARTICPATING IN THE TRAVEL EXPERIENCE, INCLUDING ANY PHYSICAL ACTIVITY OR OTHER POTENTIALLY HAZARDOUS ACTIVITY DURING THE TRAVEL EXPERIENCE, YOU WAIVE ANY AND ALL CLAIMS AGAINST THE CURATED PARTIES ARISING OUT OF OR IN ANY WAY CONNECTED THEREWITH. YOU HEREBY RELEASE, REMISE, AND FOREVER DISCHARGE THE CURATED PARTIES FROM ANY AND ALL LIABILITY FOR ANY CLAIMS RELATED THERETO, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COURT COSTS, EXCEPT TO THE EXTENT ARISING OUT OF CURATED’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

 

9. Forum Selection; Waiver of Jury Trial; Choice of Law; Time Limits; Class Action Waiver

 

1. 1. FORUM SELECTION. THE PARTIES AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER RELATING TO OR IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH THE BOOKING, THESE TERMS AND CONDITIONS, OR THE TRAVEL EXPERIENCE (EACH AN “ASSERTED CLAIM”) BROUGHT BY TRAVELER, ADDITIONAL TRAVELERS OR ANY THIRD PARTY, INCLUDING A TRAVELER’S OR ADDITIONAL TRAVELER’S HEIRS, executors, OR administrators  (EACH A “CLAIMANT”) SHALL BE LITIGATED OR ARBITRATED AS FOLLOWS:

 

1. 1. 1. SMALL CLAIMS UNDER $7,000. ANY ASSERTED CLAIM IN WHICH  CLAIMANT ASSERTS DAMAGES OF LESS THAN SEVEN THOUSAND U.S. DOLLARS ($7,000) (EXCLUDING ATTORNEY FEES, COSTS, AND INTEREST, WHICH ARE NOT INCLUDED TO DETERMINE THE AMOUNT AT ISSUE) MUST BE LITIGATED, IF AT ALL, BEFORE A SMALL CLAIMS COURT LOCATED IN SUFFOLK COUNTY, MASSACHUSETTS U.S.A. TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTY, STATE OR COUNTRY. TRAVELER HEREBY CONSENTS TO SUCH EXCLUSIVE JURISDICTION AND WAIVES ANY JURISDICTIONAL, VENUE OR OTHER OBJECTION THAT MAY BE OTHERWISE AVAILABLE.

 

1. 1. 2. ARBITRATION OF ALL CLAIMS OVER $7,000. ANY ASSERTED CLAIM IN WHICH CLAIMANT ASSERTS DAMAGES OF SEVEN THOUSAND U.S. DOLLARS ($7,000) OR MORE SHALL BE RESOLVED BY BINDING ARBITRATION IN BOSTON, MASSACHUSETTS U.S.A. BEFORE A SINGLE ARBITRATOR. Such arbitration shall be conducted in the English language. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO JAMS'S STREAMLINED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

 

1. 1. 3. JURISDICTION, VENUE AND JURY TRIAL WAIVER. IN THE EVENT THE ARBITRATION AS SET FORTH IN THIS SECTION 9 IS RULED UNENFORCEABLE BY A COURT OF LAW, ALL ASSERTED CLAIMS SHALL BE LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS IN BOSTON, MASSACHUSETTS U.S.A. OR, AS TO THOSE LAWSUITS TO WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT LOCATED IN SUFFOLK COUNTY, MASSACHUSETTS U.S.A. TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTY, STATE OR COUNTRY. TRAVELER HEREBY CONSENTS TO SUCH EXCLUSIVE JURISDICTION; WAIVES ANY JURISDICTIONAL, VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE; AND WAIVES ANY RIGHT TO A JURY TRIAL IN ANY SUCH COURT.

 

1. 2. GOVERNING LAW. THESE TERMS AND CONDITIONS, THE BOOKING, AND ANY ASSERTED CLAIM SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISIONS.

 

1. 3. TIME LIMITS FOR ASSERTED CLAIMS. CURATED SHALL NOT BE LIABLE FOR ANY ASSERTED CLAIMS WHATSOEVER UNLESS CLAIMANT PROVIDES WRITTEN NOTICE TO CURATED DESCRIBING THE ASSERTED CLAIMS WITHIN THIRTY (30) DAYS AFTER COMPLETION OF THE TRAVEL EXPERIENCE. LEGAL PROCEEDINGS TO RECOVER ON ANY ASSERTED CLAIM WHATSOEVER OTHER THAN FOR PERSONAL INJURY, ILLNESS OR DEATH MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER COMPLETION OF THE TRAVEL EXPERIENCE, AND UNLESS SERVED UPON CURATED WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER COMMENCEMENT. TRAVELER EXPRESSLY WAIVES ALL OTHER POTENTIALLY APPLICABLE STATE OR FEDERAL LIMITATION PERIODS.

 

4. CLASS ACTION WAIVER. TRAVELER AGREES THAT ANY ASSERTED CLAIMS SHALL ONLY BE RESOLVED ON AN INDIVIDUAL BASIS. TRAVELER SHALL NOT BRING AN ASSERTED CLAIM, AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. TRAVELER WAIVES ANY RIGHT TO BRING A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE ANY ASSERTED CLAIM WITH OTHER ARBITRATIONS OR ACTIONS, EVEN IF APPLICABLE LAW PROVIDES OTHERWISE.

 

10. Miscellaneous

 

1. Complete Agreement. These Terms and Conditions, together with the Booking, represent the full and complete statement of the agreement between the parties and supersede any and all prior statements (written or oral) by either party regarding the subject matter hereof.

 

2. Assignment. These Terms and Conditions, together with the Booking, are personal to Traveler and may not be assigned or transferred to anyone without the prior written consent of CURATED. CURATED may assign its rights and/or obligations under these Terms and Conditions without the consent of Traveler. These Terms and Conditions are binding on and inure to the benefit of the parties and their respective permitted successors and assigns.

 

3. Enforceability; Waiver. If any provision of these Terms and Conditions is illegal or unenforceable under applicable law, the remainder of such provision will be amended to achieve as closely as possible the purpose of the original term, and all other provisions of these Terms and Conditions will remain in full force and effect. Any waiver of any Term hereof must be in writing and shall not constitute a waiver of the same Term on any other occasion, or of any other Term.

 

4. Force Majeure. In the event of a Force Majeure Event that affects a Travel Experience that is planned or in progress, CURATED will make reasonable efforts to mitigate the effects of the Force Majeure Event but will have no liability whatsoever for amounts previously paid by Traveler for the affected Travel Experience or for any additional travel related costs incurred by Traveler as the result of the Force Majeure Event, including but not limited to air travel, insurance, visas, and other travel arrangements of any kind.