Terms of service.
This Agreement (the "Agreement") is entered into between you, the Client, and OFF TO THE RACES, LLC ("Company", "we", "us", or "our") with a principal place of business at 30 N Gould Street, Sheridan, Wyoming. By availing our services, you agree to be bound by the following terms and conditions:
1) Services Provided: The Company provides consulting and services for organizing travel and trips. This includes curating travel packages tailored to the Client's preferences and needs. Packages offered by the Company may encompass meals, accommodation, various activities, and tickets to live events. The Client acknowledges and agrees that details and itineraries of these packages can be subject to change based on availability, unforeseen circumstances, or other factors beyond the Company's control. While every effort will be made to adhere to the originally proposed details and itineraries, the Company cannot guarantee the same and will not be held liable for such changes.
2) Contract
Our bookings are subject to availability. Before a booking is confirmed, full details of your package will be advised to you by email. A binding contract between us and you (the lead name on the booking) is only formed when we issue our booking confirmation after having received payment from you, in cleared funds, of either the required deposit or the full price of your package. By making the booking you accept that you have the authority to bind all members of your party to these terms and conditions of booking and you take responsibility as the lead name on the booking to make payment and to receive documentation on behalf of your party.
a) Installment Plans The Client agrees to pay the total contract amount in installments, as outlined in the payment schedule provided. Each installment is due on the specified date. Failure to make timely payments may result in late fees, suspension of services, or termination of the agreement at the Company’s discretion. The Client may cancel the booking without penalty and receive a full refund of their deposit if written notice is sent by email to hello@ott-races.com before the first installment payment is due. All refunds will be paid within 90 days of cancellation.
3) Cancellation by the Client
Any cancellation or amendment request must be sent to us in writing by email to hello@ott-races.com and will not take effect until received by us.
a) Amendment If after our booking confirmation has been issued, you wish to change your travel arrangements in any way, we will do our best to assist you in amending your arrangements after booking, but, subject to your right to transfer, we cannot guarantee that this will always be possible. Any request for changes must be in writing from the person who made the booking.
b) Transfers You may transfer your booking to another person who satisfies all the conditions applicable to your travel contract. We must receive at least 14 days’ written notice from you in order to make such a transfer. Any additional fees, charges or other costs incurred as a result of transferring your booking will be passed on to you with these costs being advised to you before we effect any transfer. You and the person to whom you transfer your booking shall be jointly liable to us for the payment of the balance due and for any such additional fees, charges or other costs.
If you and/or any member of your party are considering altering your booking in any way, please contact our staff, who will notify you of the applicable charges.
c) Cancellation You, or any member of your party, may cancel your travel arrangements at any time within 120 days before the start of the package. The cancellation will take effect from the date that we receive written notification of cancellation from you. We will accept notification of cancellation by email, on the understanding that you agree and accept that where you are shown as the sender of the email, we will be entitled to assume that such email has been sent by you.
Cancellations may incur cancellation charges depending on how much notice you give us prior to the departure date. Cancellation charges represent our reasonable costs of terminating your contract based on the time of termination of the contract before the start of the package and the expected cost savings and income from alternative deployment of the travel services where available.
In all cases, where cancellation results in us making a refund payment to you, such payment will be made to you as the lead and contracting member of your party, or any substitute lead and contracting member of the party. This will be the case regardless of which members of the party making the deposit and balance payments for the booking.
4) Cancelations by The Company
a) Amendments before departure We may occasionally have to make amendments to the proposed itinerary and may do so at any time. We will inform you of any changes that could affect your booking before confirming it. Sometimes, changes become necessary after your booking has been confirmed. We reserve the right to make minor changes to your booking, of which we will notify you. Should circumstances beyond our control force us to significantly change any primary aspects of the trip or if we cannot fulfill special requirements confirmed in your booking, you will be informed promptly. Within a period we specify, you may: (i) accept the proposed changes or (ii) end the contract without a cancellation fee. If you opt to end the contract, we may offer a substitute holiday, if available. If this alternative itinerary results in a package of lesser quality or cost, you will be eligible for an appropriate price reduction. If you choose not to accept the substitute package, we will fully refund your payment within 30 days of contract termination. Compensation may also be payable for any discrepancies.
b) Cancellation by us While we always strive to avoid it, we might occasionally need to cancel your itinerary. We retain the right to do so. In such cases, we will do our utmost to offer alternative arrangements of equal or superior quality. If only inferior quality options are available, we will provide a suitable price reduction. If no alternatives are feasible, we will issue a prompt and full refund. Compensation will be owed, unless:
Unavoidable and Extraordinary Circumstances prevent the contract's execution, and you're informed promptly before the package starts.
c) Unavoidable and Extraordinary Circumstances Unavoidable and Extraordinary Circumstances are situations outside a party's control, whose consequences remain unavoidable despite all reasonable precautions. These circumstances typically comprise but are not limited to war, threats of war, airport or major transportation closures, significant health risks like serious disease outbreaks at travel destinations, natural or nuclear disasters, inclement weather, political turmoil, terrorism, or advice from the Foreign & Commonwealth Office against traveling to specific destinations.
d) Events Beyond Our Control "Events Beyond Our Control" in this agreement refers to situations outside the control of us or our suppliers, whose repercussions couldn't be avoided despite taking all reasonable precautions. These events can be actual or threatened and often include war, civil unrest, terrorist activities, labor disputes, natural or nuclear disasters, adverse weather, health epidemics or pandemics, airport or port closures, travel restrictions imposed by regulatory bodies or other third parties, advisories against traveling to specific destinations by the FCDO, and other government travel restrictions. Except where otherwise specified in these terms, we will not be held liable, including for compensation, costs, or expenses, during such events.
5) Event Cancellation In instances where the primary purpose of the travel package is attendance to a specific event, and that event is canceled, postponed, or changed in any way, the following will apply:
a) Notification The Company will endeavor to notify the Client as soon as it is made aware of any such cancellation, postponement, or change relating to the event.
b) Refunds Should the event be canceled before the commencement of the travel package, the Company will offer a partial or full refund of the event ticket cost, as received from the event organizers, minus any handling or administrative fees. It is essential to note that other package components, such as but not limited to accommodation or transportation, might not be refundable or could be subject to the standard cancellation policies of the service provider.
c) Postponement or Change If the event is postponed or changed, the Company will endeavor to rearrange the travel package to align with the new event date or details. If the Client chooses not to or cannot attend the rescheduled or changed event, the Client will be subject to the standard cancellation policy of the Company and its service providers.
d) No Liability for Event Organizers' Actions The Company is not liable for actions, omissions, or decisions made by event organizers. This includes changes to the event program, performer line-up, seating arrangements, or any other related changes.
e) Recommendation Clients are strongly advised to take out comprehensive travel insurance that covers event cancellation or changes to mitigate any potential losses.
6) Responsibility for Travel DocumentationIt is the sole responsibility of the Client to ensure that they possess valid travel documentation, including but not limited to passports, visas, permits, and other required identification, for the entirety of their trip. The passport must have sufficient blank pages and be valid for a period as required by all countries being visited.
The Client acknowledges that entry requirements vary from one country to another and that it is their duty to check the relevant requirements for their trip. The Client is responsible for obtaining any necessary visas or other travel permissions for all countries visited, regardless of the length of stay.
Should the Client fail to obtain the required documentation before departure or choose to travel with expired or insufficient documents, the Company will not be liable for any costs, fines, damages, or losses that may arise as a result. This includes, but is not limited to, costs for rerouting the Client or for the entire trip to be canceled.
The Company is happy to provide advice or information about necessary travel documentation, but the final responsibility for obtaining and traveling with the correct paperwork lies with the Client.
7) Delays or Missed Travel Arrangements
a) Notification In the event of a delay or missed travel arrangement that affects the Client's itinerary, the Client must notify Off to the Races, LLC in writing as soon as possible. The Company will make reasonable efforts to assist in rebooking or rescheduling, but cannot guarantee any outcomes.
b) Client Responsibility It is the Client's responsibility to allow adequate time to reach their travel departure point and to account for potential delays, such as traffic, check-in times, security checks, and boarding processes.
c) No Liability for Third-Party Delays: Off to the Races, LLC is not responsible for delays caused by third parties such as airlines, rail companies, bus companies, or other transportation providers. The Company is also not liable for delays resulting from factors outside its control, including but not limited to weather conditions, mechanical breakdowns, or traffic congestion.
d) Missed Arrangements: If the Client misses a travel arrangement due to their delay or failure to check in on time, any additional costs incurred to rebook or reschedule will be borne by the Client.
8) Disability, Reduced Mobility, Medical Conditions, and Food Allergies Notification If the Client or any member of their party possesses any disability, reduced mobility, medical condition, or food allergy that may affect their ability to partake in or safely enjoy the travel experience, it is imperative that the Company is informed prior to the booking. This enables Off to the Races, LLC to assess whether the proposed travel experience is suitable, safe, and can be adapted to the specific needs of the Client or their party member.
By providing this information, the Client assists the Company in ensuring a seamless and safe experience, including catering to specific dietary requirements. All disclosed information regarding health, disability, mobility, or food allergies will be exclusively utilized for advising in relation to the booking, making necessary adjustments, and communicating with suppliers pertinent to the travel experience. All personal information shared will be treated with utmost confidentiality, in line with our Privacy Policy
9) Travel Insurance The Client is strongly recommended to purchase comprehensive travel insurance before availing any of the services provided by Off to the Races, LLC. Such insurance should cover, but not be limited to, trip cancellations or interruptions, personal injury or illness, medical expenses, and loss or damage to personal property. The Company will not be responsible or liable for any losses or expenses incurred due to the Client's failure to secure appropriate insurance. It is the sole responsibility of the Client to evaluate and determine the type, extent, and levels of any insurance coverage they need or desire for the planned travel duration.
10) Indemnification: The Client agrees to indemnify, defend, and hold harmless the Company and its officers, directors, agents, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, legal and accounting fees, arising out of or in any way connected with the Client's access to or use of the Company's services or the Client's violation of these terms.
11) Miscellaneous:
a) Binding Arbitration The Client and the Company mutually agree that any disputes, claims, controversies, or differences that may arise between them concerning the interpretation, performance, or breach of this Agreement, or any related matters, shall be resolved exclusively through binding arbitration in the state of New York. b. This agreement to arbitrate shall be interpreted in a comprehensive manner, inclusive of any and all disputes and claims, regardless of their nature or origin.
b) Procedure The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (or another recognized arbitration entity upon mutual agreement by the parties), which are in effect on the date a dispute is submitted to the American Arbitration Association or the agreed-upon entity. b. The venue of the arbitration shall be in the state of New York, unless both parties mutually agree in writing to another location. c. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction.
c) Waiver of Jury Trial The Client and the Company each recognize and acknowledge that by entering into this Agreement, they are giving up the right to have any dispute between them resolved in a court of law by a judge or by a jury. b. Notwithstanding the foregoing, either the Client or the Company may bring an action in a small claims court of appropriate jurisdiction if the claims are within the jurisdictional limits of the small claims court and if they are outside the scope or reach of this arbitration agreement.
d) Costs Unless otherwise determined by the arbitrator or mutually agreed by the parties, the cost of the arbitration, including the fees of the arbitrator, shall be shared equally by the parties.
By signing this Agreement, the Client and the Company expressly acknowledge and accept the terms set forth in this Arbitration Clause, including the waiver of the right to a jury trial.
f) Social Media Commentary: The Client hereby commits and agrees not to disseminate, post, or broadcast any negative, derogatory, or defamatory commentary, feedback, or reviews pertaining to the services provided by the Company on any social media platforms. This includes, but is not limited to, platforms such as Instagram, Facebook, TikTok, and LinkedIn. Any breach or violation of this clause may result in the Company taking legal action against the Client, and the Client may be held liable for any consequent damages or reparations. You acknowledge that any breach of this clause may cause substantial harm to the Company, and that monetary damages may be inadequate to compensate the Company for such harm. Therefore, the Company may seek injunctive relief, in addition to any other rights and remedies it may have at law or in equity, to prevent or cure any breach or threatened breach of this clause by you.
By accepting these Terms & Conditions, the Client confirms understanding and adherence to the stipulations set forth in this Social Media Commentary Clause.
g) Payment Dispute: The Client hereby acknowledges and agrees that if any disputes arise in relation to payment or invoicing, Off to the Races, LLC retains the exclusive and ultimate authority to determine the outcome of such disputes. This determination will be at the sole discretion of Off to the Races, LLC and shall be final and binding upon the Client.
It is imperative that both parties ensure a thorough understanding of this clause. By agreeing to the Terms & Conditions of this document, the Client expressly accepts the terms set forth in this Payment Dispute Clause.
h) Governing Law: This Agreement will be governed by and construed in accordance with the laws of the state of New York, notwithstanding any principles of conflicts of law.
12) Confidentiality Both parties agree to maintain the confidentiality of all information acquired during the engagement. The Company will not disclose, reproduce, distribute or misuse any confidential information shared by the Client, and the Client will reciprocate this confidentiality with regard to information about the Company.
13) Changes to the Agreement Off to the Races, LLC reserves the right to modify these terms and conditions at any time. The Client's continued use of our services after any such modifications shall constitute the Client's consent to such changes.
By availing of the services provided by Off to the Races, LLC, you indicate your understanding and agreement with these terms and conditions.