The responsibility of Kismet Journeys, LLC (“Kismet”) is strictly limited; tour participant agrees that maximum liquidated damages shall not exceed the tour price. Kismet is responsible for making arrangements for tour services offered, including hotels, sightseeing, transportation (whether by bus, boat, train, plane or any other means), guides, baggage handling, and meals from various vendors (collectively “Vendors”). The itineraries are subject to revisions, including substitution of hotels, activities and routings. If a service is not provided, and Kismet is unable to substitute a service of similar value, Kismet’s liability shall not exceed the actual cost of the services not provided.
The Vendors are not affiliated in any way with Kismet, but are Independent Contractors providing travel services to Kismet. Kismet is not liable for damages, including personal injury, accident, personal loss or other expense, from any cause, act or omission by Vendors or third parties. Tour participant agrees that by utilizing the travel services of Vendors, that tour participant will look to Vendors for any damages of any kind.
Kismet is not responsible for any purchases made during the tour. Kismet is not responsible for the costs of any medical treatment required during the tour, nor is Kismet responsible for the quality, or lack thereof, of medical care received while on tour. Kismet and/or its agents are not responsible for any expense or inconvenience caused by late departures, change of schedule, strikes or other conditions. Kismet Journeys, LLC is not responsible for additional expenses or losses due to schedule changes by airlines, severe weather, strikes, civil disturbances, acts of terrorism, earthquakes, tsunamis and other conditions commonly referred to as “acts of God”. Kismet is not liable for any wrongful, negligent, or unauthorized acts or omissions of any travel agent or travel agency. Legal proceedings by or against Kismet may be instituted only in a state or federal court within the State of Hawaii, and any claim involved in such proceedings shall be decided in accordance with the laws of the State of Hawaii. Kismet reserves the right to decline to accept or retain any person as a member of a tour at any time before or during the actual operation of the tour. Kismet reserves the right to cancel any tour at any time. In computer or human billing error, Kismet reserves the right to re-invoice with correct billing. Kismet is not responsible for printing errors or other errors.
