Terms of Use

 

Read carefully. This is a legally binding agreement.

All bookings are made with Wunderbird LLC, a District of Columbia limited liability company and the owner of all of its advertised itineraries (“Wunderbird,” “we,” or “us”). By booking a trip with us, paying a deposit, or signing this agreement, you accept all of the terms in this agreement on your own behalf and on behalf of all persons listed on the booking, including any minor under your custody, care, or control (“Minor” or “Child”) (individually, “Traveler,” and collectively, “Travelers”), and direct us to perform services for each and every Traveler. The terms and conditions set forth in this agreement constitute the entire understanding and agreement between you the Traveler (“you” or “your”) and Wunderbird with respect to any and all bookings, reservations, trips, or transactions made with Wunderbird.

1. DEFINITIONS

A. Parties: "You,” "your,” and “Traveler” refer to you, as a user of the Site. A "user" is someone, a traveler or a curator, who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refer to Wunderbird. B. Content: "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as itineraries, ratings, reviews, messages, photos, and information that you publicly display or is displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "Wunderbird Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Wunderbird or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Wunderbird Content.

2. CHANGES TO THE TERMS OF SERVICE

We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.

3. SERVICES DESCRIPTION

The Service is a custom travel itinerary. Wunderbird creates a detailed trip itinerary based on the request submitted by the user. Wunderbird is not an operator of tours or activities, nor is it a provider of tours or activities, and Wunderbird does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. Wunderbird’s responsibilities are limited to providing a day-by-day travel itinerary for the user’s requested destination.

Upon completion and delivery of the itinerary, Wunderbird’s services are limited to questions about the existing itinerary. Any new requests or itinerary additions or changes will be invoiced. While the trip is in progress, Wunderbird will field questions about the itinerary or destination, but any requests for further services will be invoiced. 

4. LIMITS ON RESPONSIBILITY

You understand and agree that Wunderbird is not responsible for any damages and disclaims all liability that may result in following Wunderbir’ds itinerary recommendations. The partaking of any experiences recommended by Wunderbird is at the traveler’s own risk.

Wunderbird assumes no responsibility for the Traveler’s compliance with any applicable laws, rules, and regulations. Wunderbird recommends that Travelers obtain appropriate insurance. Please review any insurance policy that you may have for your travel carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.

While Wunderbird makes every effort to ensure the information provided is accurate and up-to-date, the traveler is ultimately responsible for checking their itinerary and making sure that suggested routes, addresses, opening times, and other information are accurate.

Please be advised that recommendations given by Wunderbird are based on the opinions of selected individuals who partner with Wunderbird and share their advice. Wunderbird relays their knowledge of the establishments and makes no guarantee about the suitability or availability of the recommendations.

5. REFUND AND CANCELATION POLICY

Wunderbird takes great pride in designing extraordinary travel experiences for our clients. If the delivered travel itinerary did not meet your expectations, we will work with you to make it right.  

Wunderbird’s services are non-cancellable and non-refundable. After your Travel Consultant has delivered your Wunderbird itinerary, but before your trip: Our team will work with you to update and edit your itinerary until you’re happy. We’re confident that we can create a travel plan that you’ll love.

Exceptions: If you cancel your services before your Travel Consultant has spent less than three hours working on your trip, we will offer a full refund. Cancelations must be made in writing to annie@wundebrird.com. Cancelations must be received in writing within two weeks from the start of planning.

Any cancelations by you will result in the loss of your deposit(s). Wunderbird is not responsible for any losses or cancelation fees. For this reason, we strongly recommend you have comprehensive travel insurance for every traveler within your group that includes cancelation coverage so everyone is protected financially in case anything comes up that prevents them from joining the trip. 

5a. TRIP CANCELATION

If you cancel your trip after the completion and delivery of the itinerary, you are responsible for managing the bookings made by Wunderbird during the planning process. An additional charge ($100-$200, depending on the circumstances) will be invoiced if you choose to hire Wunderbird to cancel or re-book your trip. For trips canceled during the planning process, Wunderbird will cancel all bookings, but the Traveler is responsible for Wunderbird’s full service fee.

6. PASSPORTS AND VISAS

You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire trip. Valid passports are required for travel to most destinations. Please check with the appropriate consulate or embassy for the latest entry requirements. You assume complete and full responsibility for, and hereby release Wunderbird from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety or security conditions at such destinations. Any information provided to you is merely provided as a courtesy and it is your sole responsibility to ensure you have met all travel requirements for each destination in your itinerary.

Wunderbird is not responsible for delays, changes, or cancelation costs due to incorrect, incomplete, or expired traveler documents. In the event that you must cancel, delay or reschedule your trip due to expired or missing travel documentation, you are responsible for all associated costs to rectify the situation.

7. TRAVEL RESTRICTIONS, ADVISORIES, & WARNINGS

You must conduct your own research and become informed about the destinations in your trip itinerary, including knowledge about any travel advisories and warnings issued by government authorities in your country. You must also conduct your own research to understand any travel restrictions and entry rules in place at your destination. In the U.S., you must consult the U.S. State Department’s website at www.travel.state.gov or contact them by phone at the number specified on their website. 

You are responsible for protecting your own well-being and personal property before, during, and after your trip. This includes ensuring any and all vaccinations, inoculations, or prescribed medications are taken as directed by your local doctor and/or travel clinic for the areas visited.

8. THIRD PARTIES

Wunderbird itineraries may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through the Site may be subject to an additional third party or open source licensing terms and disclosures.

Third Party tour providers, accommodations, restaurants, and other services cannot be controlled by Wunderbird. Wunderbird is not responsible for any damages and disclaims all liability that may result in your use of Third Party providers. 

Wunderbird makes no claims or promises with respect to any third party, such as the businesses listed on the site or included in itineraries. Accordingly, Wunderbird is not liable to you for any loss or damage that might arise from their actions or omissions.

Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk. Wunderbird expressly disclaims all warranties, whether express or implied, including warranties as to the products or services offered by businesses listed on the site or in itineraries, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative or Wunderbird shall create representation or warrant.

9. INDEMNITY

You agree to indemnify, defend, and hold Wunderbird, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each of them (collectively, the "Wunderbird") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Wunderbird reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Wunderbird. Wunderbird will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. APPLICABLE LAW, CHOICE OF FORUM, AND SEVERABILITY

You agree that this agreement shall be interpreted according to the laws of the District of Columbia in the United States. Jurisdiction over any dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement shall be filed exclusively in federal or superior court in the District of Columbia. You agree to personal jurisdiction in the specified forum. If any portion of this agreement is determined by a court to be null and void, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties. You also agree that this agreement is intended to be as broad and inclusive as permitted under applicable law. You agree that if any portion of this agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.

11. LIMITATION OF REMEDIES

You agree that the sole remedy for any default by Wunderbird arising under this agreement shall be the return of the paid service fee, to the extent consistent with applicable law. To the maximum extent permitted under applicable law, Wunderbird shall not be liable for any special, consequential, indirect, incidental or other damages arising out of or in any way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Wunderbird has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.

12. USING THE SITE

A. Eligibility: To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account. B. Permission to Use the Site: We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. C. Site Availability: The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. D. User Accounts: By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or messages from other Users. You will also receive periodic newsletters about happenings in Wunderbird. You can opt out of non-essential communications by clicking the “unsubscribe” button at the bottom of the communication.

13. SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents, or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Wunderbird and its users any claims and assertions of any moral rights contained in such Feedback.