Your use of this site is conditional upon your acceptance of these terms and conditions ("Terms") without modification of the terms, conditions and notices contained herein.
Balboa Vacations is owned and operated by Balboa Travel, Inc. This Agreement describes the terms and conditions applicable to the services available through Balboa Vacations and this website. This Agreement describes your responsibilities and, among other things, limits the liability of Balboa Travel, Inc Balboa Vacations, TravelBreaks.com. Before submitting an account registration form and/or using any of the services offered on our website, please read all of this Agreement carefully. Your use of this website (the "Site") constitutes your agreement to be legally bound and abide by all terms, conditions and notices contained herein. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE. Additionally, children are prohibited from using this Site.
Balboa Travel, Inc. reserves the right, in its sole and absolute discretion, to amend this Agreement at any time by posting the amended terms on this Site. The amended terms shall be effective from and after the date that they are posted on the Site
GENERAL TERMS AND CONDITIONS
You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of TravelBreaks.com, Balboa Travel, Inc. and/or various third party providers ("Providers"). Reproductions or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code
Balboa Vacations and TravelBreaks.com are existing or pending marks of SARA Enterprises, Inc. Other product and company names identified on this Site may be the trademark, trade name, service mark, logo, symbol or other proprietary designation of a third party. The use on this Site of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party, and the availability of specific goods or services from such third party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third party, or the participation by such third party in the offering of goods, services or information through this Site.
It is a violation of law to purchase a product in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is", "as available" basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the purchase of any product, (ii) that a User will receive the lowest available price for goods and/or services available through this Site, (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location, (iv) that use of this Site and all software, products or services associated with this Site will be error free, (v) regarding the results that may be obtained from the use of this Site, (vi) regarding the completeness, accuracy, reliability or quality of any information content, data, service, advice or merchandise provided or available through this Site, or (vii) regarding the performance or non-performance of this Site including, but not limited to, any performance or nonperformance in connection with or as a consequence of the passage of time to and beyond the year 2003. You expressly agree that the use of this Site is at your sole risk.
GENERAL LIMITATION OF LIABILITY IN NO EVENT SHALL BALBOA TRAVEL, INC., INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, OR PROVIDERS (COLLECTIVELY, THE "COVERED PARTIES"), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACTS OF TERRORISM, WAR, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF BALBOA TRAVEL, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Further, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or causes beyond the Covered Parties' control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider's failure to comply with these Terms and Conditions nor for any Provider's failure to comply with applicable federal, state and local law including, without limitation, laws governing the sale, warranty, and return of perishables.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the fee or charge to the User assessed by Balboa Vacations or TravelBreaks.com for making a Purchase. Some states, to the extent their law might be deemed to apply notwithstanding the selection of California law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
If you use this Site to purchase products or services for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto.
Each User using this Site for or on behalf of a Third Party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described above.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of Balboa Travel, Inc. and may be used by a Covered Party in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
LINKS TO OTHER WEBSITES AND SERVICES
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources.
TERMINATION OF USAGE
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
CREDIT CARD SUBMISSIONS
Under no circumstances may a purchase be made by a User utilizing this Site unless the User has provided Balboa Vacations, balboavacations.com, or TravelBreaks.com with the account number and expiration date of a major credit card.
The captions in these Terms and Conditions are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
These Terms and Conditions, and the related Parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements or representations. The internal laws of the State of California shall govern the performance of the terms and conditions of this agreement.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Balboa Travel, Inc. as a result of this agreement or use of this Site.
We may modify these Terms, at any time, by posting conspicuous notice on our site at least thirty (30) days before any modification becomes effective. Your continued use of our site, following the posting of conspicuous notice of any modification, will be subject to the Terms in effect at that time. Additional terms may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such terms and conditions.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
SELLER OF TRAVEL
Balboa Vacations and BalboaVacation.com is registered seller of travel in California: California Registration Number: 2013711-10 Registration as a seller of travel in California does not constitute the state's approval.