Terms of Service
Please read these Terms of Service carefully before using any services provided by Epix Cruise and Travel. By accessing our website, contacting us by any means, or engaging our booking services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you must not use our Services.
1. Introduction and Definitions
1.1 Purpose. These Terms of Service (this “Agreement”) govern all access to and use of the services provided by Epix Cruise and Travel. This Agreement is entered into between Epix Cruise and Travel and the Client (as defined herein). By using any Service, the Client agrees to be legally bound by the terms and conditions set forth herein.
1.2 Definition of “Epix Cruise and Travel.” Throughout this Agreement, the terms “Epix Cruise and Travel,” “we,” “us,” and “our” refer exclusively to Epix Cruise and Travel, an independently owned and operated travel agency located in San Diego County, California. Epix Cruise and Travel operates as an independent business entity and is solely responsible for all services, representations, communications, bookings, and interactions made under its name or on its behalf.
1.3 Definition of “Outside Agents.” Outside Agents is the host agency affiliated with Epix Cruise and Travel for licensing and administrative purposes only, with its principal place of business in Jacksonville, Florida. Outside Agents is not a party to this Agreement or to any contract, booking, or transaction between Epix Cruise and Travel and any Client. Outside Agents has no involvement in, and expressly disclaims all liability for, the day-to-day operations, client communications, bookings, representations, acts, omissions, or services of Epix Cruise and Travel. Outside Agents assumes no responsibility of any kind for any Client booking, travel arrangement, or other service provided or facilitated by Epix Cruise and Travel. Any reference to Outside Agents in this Agreement is for identification and disclosure purposes only.
1.4 Definition of “Services.” As used in this Agreement, “Services” means, collectively and without limitation:
The Epix Cruise and Travel website, located at epixcruiseandtravel.com or any affiliated, successor, or related domain or subdomain (the “Website”);
All communications and interactions between the Client and Epix Cruise and Travel, whether conducted in-person, by telephone, email, videoconference, fax, text message (SMS/MMS), social media, live chat, or any other communication channel, whether now existing or hereafter developed;
All travel booking, booking assistance, travel planning, destination consultation, itinerary research, group travel coordination, travel insurance referrals, and any other travel-related advisory or support services provided by Epix Cruise and Travel; and
Any other product, service, or activity offered, provided, or facilitated by Epix Cruise and Travel in connection with the foregoing.
1.5 Definition of “Client.” As used in this Agreement, “Client,” “you,” and “your” refer to any individual, group, organization, corporation, or other legal entity that accesses or uses the Services in any manner, whether as a prospective traveler, confirmed traveler, group organizer, or otherwise.
1.6 Definition of “Suppliers.” “Suppliers” or “Travel Suppliers” means all third-party providers of travel products and services, including but not limited to cruise lines, airlines, hotels, resorts, tour operators, ground transportation providers, shore excursion operators, and travel insurance underwriters through whom Epix Cruise and Travel may arrange, facilitate, or book travel on behalf of Clients.
2. Acceptance of Terms
2.1 Agreement by Use. By accessing the Website, contacting Epix Cruise and Travel by any means, or engaging any of our booking or consulting services — regardless of whether a booking is ultimately completed — the Client acknowledges that they have read, understood, and unconditionally agree to be bound by this Agreement in its entirety, together with all applicable Supplier terms and conditions and any additional policies referenced herein.
2.2 Capacity and Authority. The Client represents and warrants that they are at least eighteen (18) years of age and possess the full legal capacity and authority to enter into this Agreement. If the Client is using the Services on behalf of a group, organization, business, or other legal entity, the individual completing the booking or initiating engagement with Epix Cruise and Travel represents and warrants that they have full authority to bind that entity to this Agreement, and “Client” shall refer to that entity accordingly.
2.3 Updates to This Agreement. Epix Cruise and Travel reserves the right, in its sole discretion, to modify, update, or replace any portion of this Agreement at any time and without prior notice. The most current version of this Agreement will be posted on the Website with a corresponding “Last Updated” date. The Client’s continued use of the Services following the posting of any changes constitutes acceptance of those changes. It is the Client’s responsibility to review this Agreement periodically.
2.4 Electronic Agreement. The Client agrees that accessing or using the Services constitutes an electronic signature and binding acceptance of this Agreement, with the same legal force and effect as a handwritten signature on a written contract.
3. Scope of Services
3.1 Nature of Services. Epix Cruise and Travel is an independently owned and operated travel agency that provides travel booking, booking assistance, travel consultation, and related services to individual and group Clients. Our Services are intended to assist Clients in researching, planning, and booking travel arrangements through third-party Suppliers.
3.2 Categories of Travel Services. Without limitation, Epix Cruise and Travel’s Services may include assistance with:
Cruise bookings, including ocean cruises, river cruises, expedition cruises, luxury cruises, and ultra-luxury cruises on any cruise line or vessel;
Land tours and vacation packages, including escorted tours, independent itineraries, and all-inclusive resort packages;
Air travel, including international and domestic flight bookings;
Hotel and resort reservations;
Shore excursions and port activities;
Travel insurance referrals (subject to Section 8 of this Agreement);
Group travel coordination, including but not limited to corporate retreats, family reunions, destination weddings, milestone celebrations, alumni trips, and affinity group travel;
Destination consultation and general travel advisory services; and
Any other travel-related services as Epix Cruise and Travel may offer from time to time.
3.3 Travel Categories Served. Epix Cruise and Travel serves a broad range of travel categories, including individual leisure travel, family travel, corporate and business travel, social travel (including celebrations, reunions, and milestone events), and group travel of all types and sizes.
3.4 Intermediary Role. Epix Cruise and Travel acts solely as an intermediary and booking agent between the Client and third-party Travel Suppliers. Epix Cruise and Travel does not own, operate, manage, or control any cruise line, airline, hotel, resort, tour operator, or other travel provider. All travel products and services are provided directly by the applicable Supplier, and the Client’s use of those products and services is subject to the terms, conditions, and policies of that Supplier.
3.5 Independent Contractor Status. Epix Cruise and Travel is an independent contractor. Nothing in this Agreement, and nothing in the relationship between Epix Cruise and Travel and Outside Agents, creates or implies an employment relationship, partnership, joint venture, or agency relationship between Epix Cruise and Travel and Outside Agents for purposes of Client transactions. Epix Cruise and Travel acts on its own behalf and is solely responsible for its own business operations, client services, and representations.
3.6 No Guarantee of Availability. Epix Cruise and Travel makes no representation or warranty that any particular travel product, itinerary, cabin category, departure date, fare, or availability will be accessible at the time of inquiry or booking. All offerings are subject to availability and the terms of the applicable Supplier.
4. Independent Agency Status
4.1 Independent Ownership and Operation. Epix Cruise and Travel is an independently owned and operated travel agency. It is not a franchise, subsidiary, division, or branch of Outside Agents, nor of any Supplier or other entity. All business decisions, client interactions, service representations, bookings, pricing negotiations, and operational activities are the sole responsibility of Epix Cruise and Travel.
4.2 Role of Outside Agents. Outside Agents serves as the host agency for Epix Cruise and Travel solely for licensing, credentialing, and administrative purposes, as required or facilitated by the travel industry. The relationship between Epix Cruise and Travel and Outside Agents is a back-office administrative affiliation only and does not extend to any involvement by Outside Agents in client-facing operations, sales, communications, bookings, or representations made by Epix Cruise and Travel.
4.3 No Outside Agents Involvement in Client Services. Outside Agents has no involvement in, oversight of, or responsibility for the day-to-day operations of Epix Cruise and Travel. Outside Agents does not supervise, direct, or control client communications, booking activities, itinerary planning, pricing, or any other Services provided by Epix Cruise and Travel to its Clients.
4.4 No Representations by Outside Agents. Outside Agents makes no representations, warranties, endorsements, or guarantees of any kind, express or implied, regarding the services, qualifications, accuracy, reliability, or conduct of Epix Cruise and Travel. Any representation made to a Client was made solely by Epix Cruise and Travel and is the exclusive responsibility of Epix Cruise and Travel.
4.5 Client Relationship with Epix Cruise and Travel Only. The Client’s contractual and service relationship is solely and exclusively with Epix Cruise and Travel. The Client acknowledges and agrees that any and all claims, disputes, complaints, requests, or concerns arising from or related to the Services — including but not limited to booking errors, itinerary issues, pricing disputes, or communication failures — must be directed exclusively to Epix Cruise and Travel and not to Outside Agents. Outside Agents is not a party to any agreement between the Client and Epix Cruise and Travel and bears no responsibility to the Client in connection therewith.
5. Booking Terms and Conditions
5.1 Supplier Terms Govern. All travel bookings facilitated by Epix Cruise and Travel are subject to the terms, conditions, policies, and procedures of the applicable Travel Supplier(s). By proceeding with any booking, the Client acknowledges that they have been advised to review, and agree to be bound by, the Supplier’s terms and conditions, including those governing deposits, final payments, cancellations, modifications, and refunds. In the event of any conflict between this Agreement and the terms of a Supplier, the Supplier’s terms shall govern with respect to the travel product or service provided by that Supplier.
5.2 Pricing and Availability. All prices and availability quoted by Epix Cruise and Travel are subject to change and are not guaranteed until a booking has been confirmed in writing and payment has been received in full (or a deposit has been accepted, as applicable) by the Supplier. Quoted prices may be subject to currency fluctuations, fuel surcharges, government-imposed taxes or fees, and other changes imposed by the Supplier at any time prior to full payment.
5.3 Deposits and Final Payments. Deposit amounts, final payment deadlines, and associated penalties for late or missed payments are established by and vary among individual Travel Suppliers. Epix Cruise and Travel will use reasonable efforts to communicate applicable payment deadlines to the Client; however, the Client bears ultimate responsibility for ensuring that all payments are submitted in a timely manner. Epix Cruise and Travel shall not be liable for any losses — including cancellation penalties, price increases, or forfeiture of booking — arising from the Client’s failure to make timely payment.
5.4 Supplier Errors and Omissions. Epix Cruise and Travel is not responsible for any errors, omissions, inaccuracies, or failures by Travel Suppliers, including but not limited to pricing errors, schedule changes, itinerary modifications, overbooking, or misrepresentations made by a Supplier’s representatives. The Client’s recourse for Supplier errors or failures lies with the Supplier directly.
5.5 Travel Documents and Entry Requirements. The Client is solely and entirely responsible for ensuring that all travelers in their party possess valid, unexpired travel documentation required for their specific itinerary, including but not limited to: passports (valid for the required period beyond the travel dates), visas, entry permits, Electronic Travel Authorizations (ETAs), vaccination records, health certificates, and any other documentation required by any country of origin, transit, or destination. Epix Cruise and Travel may provide general informational guidance as a courtesy; however, such guidance does not constitute legal or immigration advice. The Client must independently verify all entry, visa, and health requirements with the applicable government authorities and embassies prior to departure. Epix Cruise and Travel shall bear no liability for any costs, losses, or consequences arising from the Client’s failure to obtain or maintain proper travel documents.
5.6 Accuracy of Client Information. The Client warrants that all information provided in connection with any booking — including names, dates of birth, passport numbers, contact details, and special requirements — is complete, accurate, and current. The Client acknowledges that errors in submitted information may result in denied boarding, additional fees, cancellation, or other consequences, and that Epix Cruise and Travel shall bear no liability for any such consequences arising from inaccurate Client-provided information.
6. Fees and Payments
6.1 Agency Service Fees. Epix Cruise and Travel may, in its sole discretion, charge professional service fees for certain planning, booking, consultation, or administrative services. Any such fees are separate from and in addition to the cost of travel products and services charged by Suppliers. Unless otherwise expressly stated in writing by Epix Cruise and Travel prior to service, all agency service fees are non-refundable, regardless of whether a booking is subsequently modified, cancelled, or not completed.
6.2 Supplier Payments and Refunds. Payments made to or through Epix Cruise and Travel for travel products and services provided by Suppliers are subject to those Suppliers’ refund and cancellation policies. Epix Cruise and Travel does not control, and cannot guarantee, any refund from any Supplier. Refund timelines and amounts are determined exclusively by the applicable Supplier.
6.3 Supplier Insolvency. Epix Cruise and Travel is not responsible for, and shall have no liability arising from, the financial failure, insolvency, bankruptcy, cessation of operations, or any failure by a Supplier to provide booked travel products or services. In the event of Supplier insolvency or failure, the Client’s remedies, if any, lie against the Supplier directly or through applicable travel insurance coverage. This is a principal reason Epix Cruise and Travel strongly recommends comprehensive travel insurance (see Section 8).
6.4 Chargebacks and Disputed Payments. The Client agrees not to initiate a chargeback or payment dispute with their financial institution without first contacting Epix Cruise and Travel to attempt resolution. Epix Cruise and Travel reserves the right to dispute any chargeback made without prior notice and to seek recovery of costs, including any fees imposed by the financial institution or payment processor.
7. Cancellations and Changes
7.1 Supplier Cancellation Policies. All cancellation and modification policies applicable to a booking are set by the individual Travel Supplier and are communicated to the Client at or before the time of booking. These policies vary widely by Supplier, product type, departure date, fare class, and other factors. It is the Client’s responsibility to review and understand the applicable cancellation terms before confirming any booking.
7.2 Assistance with Cancellations and Changes. Epix Cruise and Travel will use commercially reasonable efforts to assist the Client in submitting cancellation or modification requests to the applicable Supplier. However, Epix Cruise and Travel cannot guarantee that any cancellation will be approved, that any refund will be issued, or that any requested change will be accommodated. Outcomes are determined solely by the Supplier, and Epix Cruise and Travel shall bear no liability for the Supplier’s decision.
7.3 Agency Fees on Cancellation. Any agency service fees previously paid to Epix Cruise and Travel are non-refundable upon cancellation, except as otherwise expressly agreed in writing. Supplier-imposed cancellation penalties are entirely separate from and in addition to any non-refundable agency fees.
7.4 Strong Recommendation to Purchase Travel Insurance. Given the potential financial impact of trip cancellations, interruptions, delays, medical emergencies, and other unforeseen events, Epix Cruise and Travel strongly and urgently recommends that all Clients purchase comprehensive travel insurance at the time of booking. The earlier insurance is purchased, the broader the coverage options typically available, including “cancel for any reason” provisions. The failure to obtain adequate travel insurance is a risk assumed entirely by the Client.
8. Travel Insurance
8.1 Strong Recommendation. Epix Cruise and Travel strongly recommends that all Clients purchase comprehensive travel insurance for every travel arrangement, regardless of the destination, duration, or cost of travel. Travel insurance may provide coverage for, among other things, trip cancellation, trip interruption, medical emergencies, emergency evacuation, lost or delayed baggage, and travel delays.
8.2 Referrals Only; Not an Insurance Provider. Any travel insurance referrals, suggestions, or information provided by Epix Cruise and Travel are offered as a general informational convenience only. Epix Cruise and Travel is not a licensed insurance agency, insurance broker, or insurance underwriter, unless separately and explicitly disclosed in writing. Epix Cruise and Travel does not underwrite, guarantee, administer, or adjudicate any travel insurance policy.
8.3 Client Responsibility for Coverage Selection. The Client is solely responsible for independently reviewing, comparing, selecting, and purchasing any travel insurance coverage that meets their specific needs and circumstances. Any insurance purchased is a contract solely between the Client and the insurance provider, and any claims must be made directly to that provider. Epix Cruise and Travel shall have no liability for any inadequacy of coverage, claim denial, or loss not covered under any travel insurance policy.
9. Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY LIMITS THE LIABILITY OF EPIX CRUISE AND TRAVEL AND OUTSIDE AGENTS. YOU SHOULD NOT USE THE SERVICES IF YOU DO NOT AGREE TO THESE LIMITATIONS.
9.1 Agency Role. Epix Cruise and Travel acts solely as a booking and planning intermediary between the Client and third-party Travel Suppliers. We do not own, operate, supervise, or control any Supplier or any travel product or service. Accordingly, Epix Cruise and Travel expressly disclaims all responsibility for, and shall have no liability whatsoever arising from or related to, the acts, omissions, errors, representations, warranties, breaches, negligence, misconduct, or failures of any Supplier, or for the quality, safety, fitness, condition, or availability of any travel product or service provided by a Supplier.
9.2 No Liability for Loss or Injury. To the fullest extent permitted by applicable law, Epix Cruise and Travel shall not be liable for any personal injury, illness, death, property damage or loss, financial loss, emotional distress, loss of enjoyment, inconvenience, or any other loss of any kind, arising from or related to: (a) any travel arrangements made through Epix Cruise and Travel; (b) any act or omission of a Travel Supplier; (c) any transportation delays, schedule changes, itinerary modifications, cancellations, or service failures; (d) any condition at any travel destination; or (e) any other circumstances related to travel booked through Epix Cruise and Travel.
9.3 Cap on Liability. In the event that Epix Cruise and Travel is found liable to the Client for any reason whatsoever, despite the disclaimers set forth herein, the aggregate liability of Epix Cruise and Travel to the Client shall be strictly limited to the total amount of professional service fees paid directly to Epix Cruise and Travel — and received and retained by Epix Cruise and Travel — in connection with the specific transaction giving rise to the claim. Epix Cruise and Travel shall not be liable for any sums paid to a Supplier.
9.4 Exclusion of Consequential Damages. Under no circumstances shall Epix Cruise and Travel, its owners, officers, employees, contractors, or agents be liable for any indirect, incidental, consequential, punitive, exemplary, or special damages of any kind — including but not limited to lost profits, lost savings, loss of data, loss of opportunity, or reputational harm — even if Epix Cruise and Travel has been advised of the possibility of such damages.
9.5 Force Majeure. Epix Cruise and Travel shall not be liable for any cancellation, delay, modification, interruption, or loss caused by circumstances beyond our reasonable control, including but not limited to: acts of God; natural disasters (including earthquakes, hurricanes, floods, wildfires, and volcanic eruptions); acts of war, terrorism, or civil unrest; pandemics, epidemics, or public health emergencies; government actions, travel advisories, or regulatory orders; labor disputes or strikes; equipment or systems failures; or any other event constituting force majeure. In such circumstances, the Client’s recourse lies with the applicable Supplier and any applicable travel insurance coverage.
9.6 Outside Agents Liability Disclaimer. Outside Agents, and its respective owners, officers, directors, employees, contractors, and affiliates, expressly and fully disclaim all liability of any kind for the actions, services, bookings, representations, omissions, errors, or negligence of Epix Cruise and Travel. Outside Agents is not a party to any agreement between Epix Cruise and Travel and the Client and has no obligation or responsibility to the Client in connection therewith. The Client agrees that they will not seek any remedy or make any claim against Outside Agents arising from or related to their use of Epix Cruise and Travel’s Services.
9.7 California Disclaimer. To the fullest extent permitted by the laws of the State of California, including the California Consumer Legal Remedies Act and the California Unfair Competition Law, all implied warranties — including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement — are hereby expressly disclaimed. Some jurisdictions do not allow the exclusion of implied warranties; in such jurisdictions, the foregoing exclusions shall apply to the maximum extent permitted by applicable law.
10. Indemnification
10.1 Indemnification of Epix Cruise and Travel. To the fullest extent permitted by applicable law, the Client agrees to indemnify, defend (with counsel reasonably acceptable to Epix Cruise and Travel), and hold harmless Epix Cruise and Travel and its respective owners, officers, directors, employees, independent contractors, and agents (collectively, the “Epix Parties”) from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:
The Client’s access to or use of the Services in any manner;
The Client’s travel arrangements, whether booked through Epix Cruise and Travel or otherwise;
Any breach or alleged breach of this Agreement by the Client;
Any misrepresentation, inaccuracy, or omission in information provided by the Client;
The Client’s violation of any applicable local, state, federal, or international law or regulation; or
The Client’s negligence, willful misconduct, or intentional acts.
10.2 Indemnification of Outside Agents. The Client separately, explicitly, and unconditionally agrees to indemnify, defend, and hold harmless Outside Agents and its respective owners, officers, directors, employees, and affiliates from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to the Client’s dealings with Epix Cruise and Travel, including any travel bookings or other services arranged through or by Epix Cruise and Travel. The Client expressly acknowledges and agrees that Outside Agents is an intended third-party beneficiary of this indemnification provision, with full rights to enforce it directly.
10.3 Group Travel Indemnification. Where the Client is acting as a group organizer, tour leader, or representative for any group of travelers, the Client agrees to indemnify, defend, and hold harmless the Epix Parties from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to the acts, omissions, conduct, or travel arrangements of any member of the group, to the same extent as if such claims arose from the Client’s own conduct.
10.4 Cooperation. The Client agrees to cooperate fully with Epix Cruise and Travel in the defense of any claim subject to this indemnification obligation. Epix Cruise and Travel reserves the right, at its own expense, to assume exclusive control of the defense of any matter otherwise subject to indemnification by the Client.
11. Dispute Resolution
11.1 Governing Law. This Agreement and all matters arising out of or relating to it — including its formation, validity, performance, interpretation, and enforcement — shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law rules or principles.
11.2 Mandatory Informal Resolution. Before initiating any formal legal proceeding, the Client and Epix Cruise and Travel agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the Services (each, a “Dispute”) through good-faith informal negotiation. The party asserting a Dispute must provide written notice to the other party describing the nature of the Dispute and the relief sought. The parties agree to engage in good-faith discussions for a period of not less than thirty (30) calendar days from the date of such written notice before initiating arbitration or other formal proceedings. This informal resolution requirement is a condition precedent to any formal proceeding.
11.3 Binding Arbitration. If a Dispute cannot be resolved through the informal process set forth in Section 11.2, the Client and Epix Cruise and Travel agree that the Dispute shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in San Diego County, California, in accordance with the AAA’s Consumer Arbitration Rules then in effect (available at www.adr.org). The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration provision. The arbitration shall be conducted by a single, neutral arbitrator. Each party shall bear its own costs and attorneys’ fees in connection with any arbitration, unless the arbitrator determines, in a reasoned award, that applicable law requires a different allocation. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
11.4 Class Action and Representative Action Waiver. THE CLIENT AND EPIX CRUISE AND TRAVEL EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The Client waives any right to bring or participate in any class action lawsuit, class-wide arbitration, private attorney general action, or any other proceeding in which either party acts or proposes to act in a representative capacity. This waiver is an essential term of this Agreement; if it is found unenforceable, the entire arbitration provision (Section 11.3) shall be null and void.
11.5 Venue for Non-Arbitrable Matters. For any Dispute or matter that is not subject to arbitration under Section 11.3, or for the purpose of enforcing an arbitral award, the parties agree that the exclusive venue shall be the state and federal courts located in San Diego County, California. Each party irrevocably submits to the personal jurisdiction of such courts and waives any objection to such venue, including any objection based on inconvenient forum.
11.6 Limitation on Claims. To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to this Agreement or the Services must be filed within one (1) year after such claim or cause of action arose. Claims filed after this period shall be permanently barred.
12. Intellectual Property
12.1 Ownership. All content on the Website and in any materials provided by Epix Cruise and Travel — including but not limited to text, graphics, logos, images, photographs, digital downloads, audio and video clips, and software — is the property of Epix Cruise and Travel or its respective content suppliers and licensors, and is protected by applicable United States and international copyright, trademark, trade dress, and other intellectual property laws.
12.2 Limited License. Epix Cruise and Travel grants the Client a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content for personal, non-commercial purposes in connection with the Services. This license does not include the right to: (a) reproduce, distribute, or create derivative works of any Website content; (b) use any data mining, robots, or similar data gathering or extraction methods; (c) frame or use framing techniques to enclose any trademark, logo, or proprietary information of Epix Cruise and Travel; or (d) use any of Epix Cruise and Travel’s trademarks or intellectual property without express prior written authorization.
12.3 Prohibition on Unauthorized Use. Unauthorized reproduction, distribution, display, transmission, modification, or commercial exploitation of any content on the Website or in Epix Cruise and Travel’s materials is strictly prohibited and may give rise to civil and criminal liability.
12.4 Client Feedback. To the extent the Client provides any feedback, suggestions, ideas, or testimonials to Epix Cruise and Travel, the Client grants Epix Cruise and Travel a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, and display such content for any lawful business purpose.
13. Privacy
13.1 Privacy Policy. The Client’s use of the Services is subject to Epix Cruise and Travel’s Privacy Policy, which is incorporated herein by reference. The Privacy Policy explains how Epix Cruise and Travel collects, uses, stores, and protects personal information. The Client is encouraged to review the Privacy Policy before using the Services.
13.2 Use of Personal Information. Personal information collected from or about the Client — including names, contact details, payment information, travel preferences, and passport information — is used solely for the purposes of providing, administering, and improving the Services, and for communicating with the Client in connection with travel bookings and inquiries. Epix Cruise and Travel does not sell, rent, or otherwise transfer Client personal information to unaffiliated third parties for their own marketing purposes.
13.3 Sharing with Suppliers. To facilitate travel bookings, Epix Cruise and Travel will necessarily share relevant Client personal information (such as full legal name, date of birth, passport details, and dietary or accessibility requirements) with applicable Travel Suppliers. By using the Services and requesting a booking, the Client consents to such sharing as necessary and appropriate to fulfill the booking.
13.4 California Privacy Rights. California residents may have additional rights regarding their personal information under the California Consumer Privacy Act (CCPA) and related regulations. Clients who are California residents are encouraged to review Epix Cruise and Travel’s Privacy Policy for information regarding the exercise of such rights.
14. General Provisions
14.1 Severability. If any provision of this Agreement is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed from this Agreement if modification is not possible, and the remaining provisions of this Agreement shall continue in full force and effect, unaffected by such invalidity, illegality, or unenforceability.
14.2 Entire Agreement. This Agreement, together with any applicable Supplier terms and conditions and any additional written agreements between the Client and Epix Cruise and Travel, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, understandings, negotiations, and agreements, whether written or oral, between the parties relating to such subject matter.
14.3 Waiver. No failure or delay by Epix Cruise and Travel in exercising any right, power, or remedy under this Agreement shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right or remedy shall preclude any further or other exercise thereof or the exercise of any other right or remedy. No waiver shall be effective unless made in writing and signed by an authorized representative of Epix Cruise and Travel.
14.4 No Employment or Agency Relationship. Nothing in this Agreement creates, and nothing herein shall be construed to create, an employment relationship, partnership, joint venture, franchise, or agency relationship between the Client and Epix Cruise and Travel, beyond the intermediary booking-agent relationship expressly described herein. Similarly, nothing in this Agreement creates any employment, agency, or partnership relationship between Epix Cruise and Travel and Outside Agents with respect to client transactions.
14.5 Assignment. The Client may not assign, transfer, delegate, or sublicense any of their rights or obligations under this Agreement without the prior written consent of Epix Cruise and Travel. Epix Cruise and Travel may freely assign this Agreement, or any rights or obligations hereunder, without notice or the Client’s consent.
14.6 Notices. Any notices or communications required or permitted under this Agreement shall be provided to Epix Cruise and Travel using the contact information set forth in Section 15 of this Agreement. Notices to the Client shall be provided to the email address or contact information on file with Epix Cruise and Travel for the relevant booking or inquiry.
14.7 Headings. Section headings in this Agreement are included for convenience and organizational reference only and shall not affect the interpretation, construction, or enforceability of any provision of this Agreement.
14.8 Language. This Agreement has been drafted in the English language, which shall be the controlling language for all purposes of interpretation and enforcement. Any translation of this Agreement is provided for convenience only.
15. Contact Information
For all inquiries, booking assistance, complaints, or notices related to Epix Cruise and Travel’s Services, please contact us directly using the information below. Please note that Outside Agents should not be contacted regarding client bookings, travel arrangements, complaints, or any matter related to Epix Cruise and Travel’s Services. Outside Agents is not equipped or authorized to address such inquiries on behalf of Epix Cruise and Travel.
We are committed to addressing all Client inquiries and concerns promptly and professionally. If you have a question about these Terms of Service, please do not hesitate to reach out to us directly.
Epix Cruise and Travel - Independent Travel Agency
San Diego County, California
Website: EpixCruiseAndTravel.com