General terms & conditions - US
Table Contents
ScopeBooking & PaymentChanges, Cancellations and refundsAvailability & ratesSpecifications & PreferencesTravel Documents & Health regulationsInsuranceContact usQatar Stopover - Terms and ConditionsPrivilege Club Members – Qatar Airways Holidays Terms and ConditionsLegal Notices, Disclaimers & LimitationsPrivacy NoticeCookie PolicyScope
This website (“Website”) is operated by Qatar Airways Holidays (“QRH”, “we”, “us”, or “our”) and products are sold by Overseas Travel of Florida LLC, Company Registration Number (EIN 83-4621913) with its principal place of business at 814 Ponce de Leon Blvd, Miami, FL 33134, USA (“OSN”).The term “you” and “Customer” refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents, “Traveler” refers to any person of a party of any booking made/for whom a booking is made, including but not limited to the Customer.
The Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, doing legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes.
QRH offers an online platform through this Website where you can browse for, reserve and purchase any and/or all of the following:
- Holiday Package: Qatar Airways Flights + Hotel + Tours & Activities Vouchers
- Hotel accommodations
- Tours & Activities Vouchers
- Transfer Vouchers
The products/services offered by QRH on this Website can only be purchased by customers who have read and accepted these Terms and Conditions (these “Terms and Conditions”) unconditionally by clicking on the appropriate box provided for the purpose. It is not possible to proceed with the booking process without this acceptance. These Terms and Conditions come into force and are binding upon OSN, QRH and the Customer as soon as QRH provides written confirmation of a booking to the Customer by email.
The merchant of record in respect of bookings and payments made will be clearly shown during the booking process and on the booking confirmation.
QRH reserves the absolute discretion to change, suspend or discontinue offering all or any part of the products/services available through this Website at any time without prior notice to you.
The products/services available through this Website are supplied and provided by independent contractors and not agents or employees of QRH or OSN.
This Website does not make any representation and should not be construed as making any recommendations or suggestions to the level of service or rating of the products/services and suppliers.
The products/services available through this Website are subject to the published terms of the respective supplier including but not limited to the conditions of purchase and policies relating to subsequent changes, cancellation and refund. Please read these carefully before confirming your purchase.
Any violation of the suppliers’ terms may result in the cancellation of your reservation, your being denied access to the applicable product/ services, and/or in the forfeiture of any of your monies paid for such reservation.
Further and in addition to the products/services terms, certain sections or pages on this Website may contain additional and/or separate terms and conditions, which are different from these Terms and Conditions. In the event of a conflict, the additional and/or specific terms and conditions shall prevail for those sections or pages.
By making a booking or purchasing any products or services from a Supplier, you are deemed to have read, understood, and agreed to be bound by the applicable supplier’s terms for the products/services purchased as well as the full Terms and Conditions set out below, including:
- Conditions of Carriage and Compliance with Qatar Airways Rules
- Legal Notices, Disclaimers & Limitations
- Other important rights and obligations
- Qatar Stopover - Terms and Conditions
- Privilege Club Members – Qatar Airways Holidays Terms and Conditions
- Qatar Airways Privacy Notice
- Qatar Airways Cookie Policy
Booking & Payment
Booking Your Holiday
Bookings must be made in the Travelers’ names as they are displayed in the Traveler’s passport. Name changes/changes of Traveler(s) are generally not allowed after booking
Travelers will be asked for passport or ID at time of check-in, boarding, and entry to a service. If the name in the booking and the Travelers’ passport/ID do not match, the Traveler may be required to make a new booking at additional cost. In the event of an error or mistake being made caused by you or by unavoidable and extraordinary circumstances, we reserve the right to cancel any confirmed booking within a reasonable time and refund monies paid by you in relation to such booking (if applicable), without any liability to us.
Special conditions apply to group bookings of more than 9 travelers. Please contact our reservations team for inquiries.
The Price You Pay
Prices displayed on this website may vary based on product/service availability and other factors. Suppliers may update their prices from time to time.
Displayed prices may include taxes and other charges. Additional fees may apply for special requests made by you, as determined by the supplier.
You shall be solely responsible for verifying the total costs to be paid for the selected products/services, and such other Supplier’s terms as may be notified to you before completion of your booking.
For all forms of reservation, you must pay within the stipulated time limit. If we do not receive your payment before the stipulated time limit, we reserve the right to cancel your booking.
Your bank may impose additional fees or charges on your card transactions on our Website. These fees are not included in the total price displayed on our Website and are not collected by us. You are liable for paying any fees that your bank may charge you. We advise you to contact your bank for more information about their fees and charges.
Booking Confirmation
Full payment is required at the time of booking to confirm your holiday package and enable the issuance of e-tickets and vouchers. If this condition is not met, the booking will not be honored.
If you do not receive a confirmation email within 24 hours of booking, please contact our Customer Service team.
Certain products may offer a non-refundable deposit option at checkout. If selected, the remaining balance must be paid no later than 30 days prior to departure to avoid cancellation.
Your booking is confirmed only after full payment is received and a booking reference number and ticket(s) are issued, as stated in the confirmation email.
Confirmations of a booking include the essential elements such as the description of the products/services booked and the price. It will be sent to the email address provided during the booking process.
If you notice any errors in your booking confirmation you must contact the Customer Service team immediately. To not lose any rights please read the booking confirmation carefully.
It is expressly agreed that data stored in the information systems of QRH, OSN and/or its Suppliers shall constitute proof with respect to the bookings made by the Customer. Data stored in computers or electronic media are valid proof and shall therefore be acceptable under the same conditions and with the same evidential value as a physical written document.
An electronic ticket has no physical form. Travelers may check in online via the Qatar Airways website (where permitted), through the Qatar Airways mobile app, or at a Qatar Airways check-in desk. Customers must strictly observe check-in times.
Promotions
QRH may offer promotions on this Website from time to time. Please note that these promotions may involve different conditions and requirements, as may be stipulated by QRH or Suppliers.
Promo codes may be made available by QRH from time to time to offer additional savings on selected product/services offered by selected Suppliers.
Such promo code promotion may be subject to a minimum spending requirement, or such other terms and conditions as may be stipulated by QRH on this Website. The promo code promotion may also be subject to availability on a first-come-first-served basis.
Promo codes are valid for the duration of the respective promotion only and only one promo code may be used for each booking. In the event where multiple promo codes are available at the same time, they are not cumulative, and it is at your discretion to select the coupon code that you wish to apply.
Promo codes are not exchangeable for cash, non-transferable and non-refundable.
QRH reserves the absolute right to amend or withdraw a promo code promotion at any time without prior notice and without assigning any reason whatsoever.
Changes, Cancellations and refunds
If You Cancel Your Holiday
Charges may apply to amendments and/or cancellations as per the applicable rules displayed at the time of booking. All changes are subject to availability and confirmation from the service provider.
Cancellation fees and terms will vary depending on the type of product and package purchased, the supplier, and the time of cancellation. Additional fees may apply if “we” are not notified in time.
Certain products and services - such as excursions, transfers, activities, event vouchers or entry tickets, flight or accommodation options, room/board upgrades, early check-in/late checkout rooms, airport parking, etc., might be non-refundable and cancellation fees can be up to 100% of the price for that product and service.
Suppliers for Tours & Activities or Travel vouchers for a Holiday Package may permit cancellation of each such individual voucher whereas the Flight and Hotel components of a Holiday Package may not be canceled separately and can only be canceled together.
The cancellation fees applicable for your booking will be provided to you during the booking process at checkout under the (“important information”) icon. You must read and accept the Cancellation Policies to continue the booking process and purchase your holiday package.
Once travel commences, no refunds are available for partially used Holiday Bookings. For fully unused bookings, any refund will depend on QRH receiving a refund from the service provider.
In the event you fail to show up for your flight’s relevant check-in or boarding times, or fail to check-in the hotel on the check-in date and within check-in times, the booking will lapse and not be substitutable for other flights or hotels, refunded, nor any credit will be given for any unused portion of the package and cannot be used for future purchases. However, this does not apply if your failure to appear was due to extraordinary circumstances (e.g. illness, force majeure). In such cases, QRH will offer a refund or alternative remedy in accordance with applicable consumer protection laws.
When your booking has been cancelled successfully you will receive a cancellation invoice.
If We Cancel Your Holiday
We reserve the right to cancel a booking at our sole discretion and for any cause without giving reasons for the rejection/ refusal/ cancellation, including but not limited to due to any of the following:
- Breach of the Terms & Conditions by you;
- Suspicion of criminal activity (including but not limited to unauthorized use of a credit or debit card or other online payment methods), fraud or theft;
- Product/ services not being available or no longer being made available by the supplier, or where the supplier has provided inaccurate price and/or information relating to their products/services;
- The provision of inaccurate, erroneous or misleading information by you;
- Problems with credit card electronic communications, information or transactions.
In certain cases, we may require additional information or verification to validate and confirm the booking. If you choose not to submit the required additional information, reservations will not be completed and will be voided.
In the event a supplier was to cancel an element of a booking, QRH may at its absolute discretion either choose to cancel that particular booking as a whole or substitute it with another element which is substantially equivalent to the cancelled element. QRH shall provide notice of such substitution, and the Customer shall have the option to either accept the substitution or cancel the booking or affected element within 72 hours of receipt of such notice. QRH shall not be liable to any cancellation of an element by a supplier and/or the consequences of that element cancellation.
If You Change Your Holiday
You cannot make any changes to your booking other than such explicitly set forth in these Terms and Conditions or the respective suppliers’ terms and policies. If allowed, the change may include additional charges and fees imposed by the supplier.
Certain suppliers may allow a “change” but treat that “change” as a “cancellation” and impose fees which can be up to 100% of the price for that part of your holiday. In order to make changes to your booking, you must pay any applicable supplier-imposed fees.
Any change of booking will render the initial amount paid forfeited. When changing your booking, you may also forfeit certain discounts, promotional offers and other benefit(s) that you were initially entitled to from your original booking (including but not limited to any price reductions, savings made and promotion benefits).
If We Change Your Holiday
We aim to give you what we promise but, as we plan our holidays a long time in advance, sometimes things can change. We can make a change at any time but will let you know before your holiday if there’s time.
Occasionally, we may have to make a major change to your holiday such as a change of destination, a downgrade of accommodation by one full star rating, a change in flight time by no more than 6 hours or a change of your national departure airport. A change in flight time that we need to make within 24 hours before you are due to fly is not a major change unless the time changes by more than 12 hours.
If we tell you about a major change after you book your holiday, you can accept the new arrangements offered by us; or accept a replacement holiday from us of the same or similar standard and price at the date of the change (we’ll always refund the difference in price if the replacement holiday is a lower price at the date of the change), if we are able to offer you one; or cancel your holiday with us and receive a full refund.
Examples of events beyond our control are: war, threat of war, riots, civil disturbances, terrorist activity or its consequences, industrial disputes, any failure to secure relevant flying rights, natural or nuclear disasters, fire, health risks, unavoidable and unforeseeable technical problems with transport, closed or congested airports or ports, actual or potential severe weather conditions, the imposition of sanctions or other Governmental action and any other similar events.
Refunds
Any refunds (after the deductions of all applicable fees) to the Customer will be transferred back to the party whose payment method was used to make the original booking. Please note that refunds are dependent on the payment processors and credit card systems and may take up to 30 days from the date the refund is initiated by “us”.
Availability & rates
QRH reserves the right to revise prices should there be a major fluctuation in rates of exchange, airfares or both.All prices quoted are subject to change without prior notice. Hotels and suppliers reserve the right to amend the price of a package, if affected by circumstances beyond their control and hence increasing the price accordingly. Any increase in price would have to be paid prior to departure. Such increase will not normally apply when a Holiday Booking is confirmed after full payment is received.
Every effort will be made to confirm a Holiday Booking exactly as per the Customer’s request; however, in case of non-availability, QRH reserves the right to offer similar alternatives.
Prices shown on the Website do not include any fees or charges for optional supplements, including minibar snacks or telephone calls.
Hotels may require a deposit at check-in. Such deposit is payable directly with the hotel and not part of prices stated by and payment to QRH.
Taxes and surcharges are generally included in the product price. However, some local taxes (e.g., tourist tax) may need to be paid directly at check-in as required by local authorities.
Customers are responsible for paying any additional taxes imposed by local governments. These amounts may change between booking and travel dates. If taxes increase by your stay date, you will be required to pay the updated amount locally.
Any special requests including but not limited to non-smoking rooms / adjoining / interconnecting / disabled room will be made known to the hotel. These are subject to availability and at the discretion of the hotel.
Travelers are responsible for complying with the instructions of Qatar Airways, with respect to flight check-in and boarding times. In particular, Travelers acknowledges and agree that:
- Flight times may change at the discretion of Qatar Airways. It is important to reconfirm your flight departure times and terminal with Qatar Airways at least 24 hours before departure.
- The operating airline, the flight schedule, the aircraft type, the itinerary and possible intermediate stops are only given as an indication of the outbound and inbound flights of the booking and can be subject to change. Changes may include operating airline, flight schedule, aircraft type, intermediate stops (including change of aircraft at intermediate stop), even after confirmation was sent.
Above changes and schedule changes of up to 6 hours are not significant and are not entitled for cancellation, refund, compensation, or any booking amendment.
Schedules shown are based on expected flying times as indicated by Qatar Airways. Because weather and other factors may affect operating conditions, departures and arrivals cannot be guaranteed nor are they the responsibility of QRH.
QRH has no control over the allocation of seats on any air transport, even if pre-booked with the airline, and does not guarantee that specific seats will be available on departure.
If Customer books a round-trip journey and does not use the outbound flight, the airline may cancel the return flight without refund. This also applies if the return flight is not taken and insofar as the travel is not taken at all. The Customer must use flight coupons in sequence.
Additional charges may be imposed by Qatar Airways for meals, luggage, seat selection, etc. QRH is not responsible for such charges and charges may be amended by Qatar Airways at any time.
Lounge access is provided for premium cabin passengers (Business Class / First Class) for certain fare levels only. Access is subject to eligibility criteria and may vary by route and lounge availability
Qatar Airways’ reserve the right to assess an additional charge at the time of check in for additional pieces of luggage, overweight or for non-standard luggage. Examples of non-standard luggage include but are not limited to the following: Sporting goods and equipment (e.g., golf clubs and skis), Tools, Musical instrument cases, Trunks, Large portfolios, Boxes, Car seats, Animal carriers (animal handling charges may apply). For more information visit qatarairways.com/baggage.
Any costs due to denied booking or carriage based on Qatar Airways Conditions of Carriage or Qatar Airways applicable policies are in the responsibility of the Customer. Neither QRH nor Qatar Airways Group Q.C.S.C assumes any such liability.
Through this Website, you may purchase vouchers from QRH for certain travel services (“vouchers”) offered by operators in the various destinations. Subject to the policy of the relevant operators, you will receive email confirmation of your purchase that will contain a voucher confirmation number and a printable version of your voucher.
In order to use your voucher, you must appear in person at the meeting point designated by the relevant operator on time and present such documents and/or information as may be required by the operator, that may include your confirmation number and/or your printed voucher. If you fail to appear on time or to provide the required documents or information, no refunds will be granted.
An operator may also require you to provide an identification document bearing your photo in order to use your voucher. QRH is not responsible for lost, destroyed or stolen vouchers or confirmation numbers. If you attempt to use a voucher in an unlawful manner, the respective operator may refuse to accept your voucher, and no refunds will be granted.
The Terms of Use for each voucher may vary amongst operators and any restrictions that apply to the use of such voucher, including but not limited to a minimum age requirement, will be conveyed to you at the time of purchase on the Website.
Vouchers are admission tickets to one-time events: the date(s) and time(s) on which a voucher can be used will be stated on the voucher. If you do not use your vouchers on or by the date(s) noted on such vouchers, except as expressly set forth therein, no refunds will be granted.
For transportation vouchers, vehicle types do not guarantee a specific brand/vehicle but represent a category of vehicles.
Specifications & Preferences
Product/services images
Whilst we endeavor to ensure that property images and descriptions of products/services and facilities displayed on the website are an accurate and up to date representation, we cannot guarantee this always to be the case as we obtain this information from our suppliers. The images and information are provided to give a general impression of the product/service.
Please note that the images of room types may not always reflect the exact bed configuration of the room you are booking. For example, a triple room may include a double bed and a single bed, or two single beds, depending on regional standards. Where bed arrangements are essential for your booking (e.g., separate beds or specific configurations), we recommend checking with the hotel in advance.
Any additional services such as extra beds or costs may incur an additional charge, which will be communicated to you during the booking process where applicable.
Product/services ratings
The rating system on this Website is provided for your reference only, and QRH does not guarantee the accuracy of the ratings. The existing ratings are based on information given by third parties such as suppliers, users or other review websites.
Hotel star ratings
Star ratings are only a general guide. You should be aware that these are not necessarily the official local rating and that standards can vary between hotels and accommodation of the same class in different countries, and even in the same country. Different countries have different standards; a 3-star hotel in one country is not necessarily equivalent to a 3-star hotel in another.
Hotel meals
If hotel meals are part of a booking, the number of meals depends on the number of overnight stays. Full board normally includes breakfast, lunch and dinner. Half board normally includes breakfast and either lunch or dinner, depending on the booking. Hotel stay, which includes main meals, generally commences with dinner on the day after arrival at the hotel and terminates with breakfast (on half board) or lunch (on full board) on the day of departure. If one or more meals cannot be taken, no refund will be made.
The customer is reminded that, unless specified otherwise on the Website, drinks are not included with meals. If drinking water is not available, the customer will bear the cost of buying it.
Parents are advised to bring special food for their baby with them, as this is not always available locally.
Activities
It is possible that, from time-to-time activities offered by the suppliers that are shown in the description of the hotel on the Website are cancelled, for example as a result of weather conditions or other reasons beyond the supplier's reasonable control, during out-of-season stays, or if the required number of participants for the activity is not achieved.
Where sightseeing is concerned, the sequence of the various tourist attractions is shown only as an indication. This can be changed by the suppliers.
Travel Documents & Health regulations
It is the responsibility of the Customer to obtain and carry a valid passport and other travelling documents including visas (Multiple entry visas are recommended), permits, vaccination certificates, etc. We shall not be liable for any inconvenience, expense, loss or damage of any kind, if incurred by the Customer due to failure of obtaining or producing such documents.Furthermore, if you renew your passport after you have booked, you may be required to take your old passport with you to maintain the validity of the permit.
It is your responsibility to ensure that you obtain proper and detailed medical advice at least 2 months prior to travel for the latest health requirements, recommendations for your destination and any costs. You should check this information at least 2 months before departure and again within 14 days of travel. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your travel arrangements. Clients with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their general practitioner.
Customs and foreign exchange regulations are very strictly enforced in various countries. Please obtain detailed information and follow the regulations strictly.
Certain vaccination certificates and health precautions are required by various countries. Please refer to the pre-contractual information when booking a Holiday Package and contact your sales agent for the relevant information.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations such as to the countries to which you will be traveling may involve greater risk than others. We urge that you review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to participating in your trip. Information on conditions in the to the countries to which you will be traveling, and the level of risk associated with travel to those countries can be found at the “County Specific Information,” “Travel Warnings,” “Travel Alerts,” and “Background Note” pages on the United States Department of State’s website located at https://travel.state.gov/content/travel.html WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY COUNTRY IS ADVISABLE OR WITHOUT RISK AND WE ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO THE COUNTRIES WHICH ARE PART OF YOUR TRIP
Insurance
The products and services on the Website do not include travel insurance. The Customer is therefore advised to obtain insurance that provides coverage for trip cancellation and for certain special risks such as the cost of repatriation in the event of an accident or illness. It is the Customer's responsibility to ensure any insurance policy taken out is adequate to cover their requirements.Contact us
All notices, demands or other communications required to be given or made to QRH shall be made in writing and delivered by personal service, prepaid registered post or email at the address, and/or email address as set out hereunder (or to such other address and/or email address as may be notified by QRH to you from time to time).Send an email at holidays@qatarairways.com.qa
Qatar Stopover - Terms and Conditions
Special terms and conditions apply when booking a Qatar Stopover via Qatar Airways Holidays. For full details, please refer to: Qatar Stopover – Terms and ConditionsPrivilege Club Members – Qatar Airways Holidays Terms and Conditions
Special terms and conditions apply when booking through Qatar Airways Holidays as a Privilege Club Member. For full details, please refer to: Privilege Club – Qatar Airways Holidays Terms and ConditionsLegal Notices, Disclaimers & Limitations
Limitation of Liability
QRH purchases flight, transportation, accommodations and other travel products and services from various independent suppliers that are not subject to its control, including but not limited to Wholesalers, Qatar Airways, hotels and other suppliers providing travel or other services for QRH online. Neither QRH, its affiliates, owners, officers, agents, employees and contractors, nor any associate organization shall be held liable for any act, default, injury (including personal injury, emotional injury, or death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to: (a) by the act, neglect or default of QRH, or of any persons for whom it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers. In addition, QRH cannot be liable for delays in departure or interruption of your vacation arrangements caused by weather conditions, technical problems of any aircraft, vessel, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion or any causes beyond the control of QRH. In no event will QRH be responsible for incidental, consequential or special damage or loss suffered by any person. QRH maximum liability, for any reason whatsoever, will be limited to the amount paid to QRH for its services. In issuing tickets and coupons for transportation of the purchaser by any means and making arrangements for hotel or other accommodation, QRH is not acting as principal but only as agent for the companies, corporations or persons providing or offering the means of transportation and accommodation. To the extent QRH should not be acting as an agent, as stated above, it shall be deemed to be acting as an agent of the purchasers in arranging or booking transportation and accommodation. You further understand that QRH neither owns nor operates such third-party suppliers and, accordingly, agrees to seek remedies directly and only against those suppliers and does not hold QRH responsible for their acts or omissions.
Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefits of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions. Without limiting the generality of the foregoing, The Customer is reminded that Qatar Airways’ liability for death, personal injury and other damages is normally limited by national law, by an international air transport treaty, or by Qatar Airways’ rules and restrictions including Qatar Airways Conditions of Carriage.
Disclaimer of Warranty
Products and services provided by QRH on the Website are provided “as is” and QRH makes no warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Express Waiver of Consequential, Punitive or Exemplary Damages
Regardless of the situation or circumstances giving rise to a claim, you waive any right to seek consequential, punitive or exemplary damages against QRH its owners, officers, directors, agents, contractors and employees, for any reason whatsoever.
Force Majeure
Without limitation, QRH is not responsible for, and no refund or other compensation will be given for, delays or cancellation of all or part of your trip due to causes or circumstances beyond QRH’s responsibility or control, including but not limited to act of God; perils of the sea, harbors, rivers, or other navigable waters; act of any governmental or ruling authority; epidemic; collision; stranding; fire; war; hostilities; riots; strikes or labor stoppages; or any other cause or circumstance beyond QRH’s responsibility or control (a “Force Majeure Event”). For the avoidance of doubt, a Force Majeure Event also includes (a) the occurrence of any pandemic, epidemic or prevalent disease or illness with an actual or probable threat to human life as may be designated or determined by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC); including, without limitation, coronavirus, atypical pneumonia, Severe Acute Respiratory Syndrome (SARS), or avian influenza, or (b) adherence to any travel restriction, warning or advisory issued in relation thereto by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC), or (c) any quarantine or similar measure taken in relation thereto by any governmental agency or authority to prevent the spread of any communicable disease, or (d) any unavailability of any resources, information or services resulting from any
of the foregoing including, without limitation, the unavailability of resources, information or services due to any governmental shutdowns or the unavailability or resources, information or services due to a shut-down, quarantine or similar measure of any third-party service provider whose service or information is relied upon QRH to operate the trip or otherwise fulfill its obligations under this Agreement.
Exclusive Governing Law and Jurisdiction
These Terms and Conditions and any disputes, actions and legal proceedings whatsoever by you shall be governed exclusively, in all respects, and without regard to conflict of law principles, by the laws of the State of Florida, USA. Except as otherwise expressly specified in these Terms and Conditions, passengers agree that this choice of law supersedes and pre-empts any provision of law of any other state or nation. The exclusive venue for any and all controversies, disputes, or legal problems relating to, concerning or arising from these Terms and Conditions shall be the state and federal courts of Miami-Dade County, Florida.
Waiver of Jury Trial
In connection with any action or legal proceeding arising out of these Terms and Conditions, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.
Class Action Waiver
These Terms and Conditions provide for the exclusive resolution of disputes through individual legal action on your own behalf instead of through any class action. Even if the applicable law provides otherwise, you agree that any legal action against QRH whatsoever shall be litigated by you, individually, and not as a member of any class or as part of a class action, and you expressly agree to waive any law entitling you to participate in a class action.
Time Limit for Claims
We are not liable for claims, actions, or losses for bodily injury, emotional injury or distress, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your trip and any activities conducted in conjunction therewith, unless full details in writing are given to QRH, within 185 days after the date of the event giving rise to such claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the event giving rise to such claim and unless served on QRH within 120 days after filing. You expressly waive all other potentially applicable state or federal limitation periods. If a written claim is not made and suit is not filed within the time frame set forth above, then you waive and release any right you may have to make any claim against us arising under, in connection with, or incident to the trip.
Severability
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Waiver
Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver of any such terms or conditions and shall not affect or impair such terms and conditions in any way or the right of such party at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.
Seller of Travel
OSN is a Registered Florida Seller of Travel #ST42104; Washington Seller of Travel #604915064; Hawaii Seller of Travel #TAR-7457-0; California Seller of Travel #2149672-50. Registration as a seller of travel does not constitute approval by the State of California. OSN is not a participant in the California Travel Consumer Restitution Fund.