Terms & Conditions - Vacation Express
Vacation Express

Terms and Conditions for Travel to all Destinations (except for Cuba)

Please read these Terms and Conditions carefully as they contain very important information about booking a travel product and/or service with Vacation Express USA Corp. (Vacation Express”). When you book a travel product and/or service with Vacation Express to a destination (except Cuba), you expressly accept these Terms and Conditions, without modification, intend to be legally bound by them and acknowledge and agree that they become part of your contract with Vacation Express. To the extent that any travel products and/or services are booked through this website, the Vacation Express Sales Centre or your Travel Agent, you agree that these Terms and Conditions apply to all transactions.

1. Price: The package price, as indicated on your itinerary may include a flight as well as applicable airfare taxes, except for some destinations departure tax. Other tour services and accommodations are included in your package price only if they are indicated on your itinerary. These package inclusions/rates are based on inclusions/prices at print time and are subject to change without notice.

All reservations are locked into the price published once booked. From time to time, Vacation Express may offer discounts or special offers. Such discounts and special offers are applicable to new reservations only and may not be applied to an existing reservation. If you choose to cancel your existing reservation and make a new reservation, the deposit from the cancelled reservation will not be refunded and cancellation fees will apply as set out below.

All checks and money orders must be made payable to Vacation Express or to your travel agent, who in turn must make their check payable to Vacation Express.

Vacation Express makes every effort to ensure the accuracy of the information contained herein and to the best of its knowledge, all information is accurate at the time of publication. Vacation Express tries to ensure that the prices on this website are accurate, however, errors do occur and we reserve the right to refuse to accept and/or the right to cancel and refund any bookings, purchased at any price published in error. Updates are published on our website when new information is made available, however, Vacation Express cannot be responsible for any inaccuracies or omissions contained herein or for any third party publications or postings. Information contained herein should be verified directly with other available sources.

2. Reservations/Deposits: For most hotel-only reservations made more than 45- days prior to departure, a deposit in the amount of $100 per person is due to Vacation Express within 2 days of booking. The deposit amounts may change at any time without notice. Groups, Early Booking Bonus, bookings made during peak periods and other special bookings have different payment and cancellation policies. For reservations involving scheduled air, payment for the value of the air ticket plus $100 deposit per person will be due by 9pm Eastern Time on the same day. For Charter Flights and Charter Packages, a deposit in the amount of $100 per person is due within 2 days if the reservation is made more than 45 days prior to departure. Vacation Express offers a Reduced Deposit Plan (RDP) on bookings that contain scheduled air with hotel. If purchasing a vacation package with a departure date of 46 days or more, clients have the option of purchasing a Reduced Deposit Plan (RDP) for just $10 fee plus a $225 deposit for a total of $235 per person. This RDP secures the clients’ air and hotel booking for a total of $235 per person (plus the optional trip insurance, if purchased). If clients cancel their trip 45 days or more prior to departure, the RDP fee of $10 and deposit of $225 are non-refundable. If clients cancel their trip 44 days or less prior to departure, normal cancellation penalties apply. The RDP is not combinable with the Passenger Protection Plan or Penalty Protection Plan Plus. To protect your total RDP deposited amount, clients must add the Trip Insurance Plan and any claims for reimbursement of your RDP and total deposited amount must be filed with the insurance company. Final payment for all reservations is due 45 days prior to departure. All reservations made through the Vacation Express call center 30 days or less prior to departure require full payment to be confirmed by 9pm Eastern Time the same day. No checks are accepted less than 21 days prior to departure. On-line reservations made 10 days or less prior to departure require full payment at time of booking. If final payment is not received by the final payment due date, the reservation will be canceled and no monies will be refunded to the client. Please note: Airfare is subject to change until purchased. Office closes at 9:00pm Eastern Time on weekdays and 4:00pm Eastern Time on weekends. Please forward payments to: Vacation Express, 3495 Piedmont Rd, Building 11, Suite 400, Atlanta, Georgia 30305 USA. Bookings made that do not meet the deposit and final payment requirements set out in these terms and conditions will be cancelled without refund. If you booked your reservations through a travel agent, then please remember that it is the obligation of the agent of record for a reservation to obtain a credit card imprint, proper authorization and a signature from the cardholder. Vacation Express is not liable for chargebacks due to non-payment in cases where these forms of authorization were not obtained by the agent of record.

3. Groups: If you are traveling as part of a group of 15 or more adults, different deposit, payment and cancellation policies may apply. See your group contract for details. Differences for PPP booked for groups will apply. The RDP does not apply to groups.

4. Hotel Package Changes: If the departure date is 46 days or more, there is a $50 per person fee for any changes, including name substitutions, made once initial payment has been received by Vacation Express. If the departure date is 45 days or less, a change in departure date, hotel or number of travelers will be treated as a cancellation, and cancellation charges will apply. Name changes are subject to hotel acceptance and change fees. Notwithstanding the foregoing, Vacation Express currently sells hotels that are non-changeable as indicated on its website and/or as advised by Vacation Express. These hotels cannot be changed after they have been booked. If you wish to purchase insurance for packages that include non-refundable rates, the only available plan from Vacation Express is the Travel Insurance Plan.

5. Hotel Package Cancellation: For most hotels, a $100 charge per person will apply if the cancellation is made 45 days prior to departure. If cancellation is made 31-44 days prior to departure then a charge equal to 50% of package price will apply. If cancellation is made 30 days or less prior to departure then a charge equal to 100% of package price will apply. If final payment is not received 45 days prior to departure then Vacation Express has the right to cancel your reservation without refund of any deposits. Notwithstanding the foregoing, Vacation Express currently sells hotels that are non-refundable as indicated on our website and/or as advised by Vacation Express. These hotels cannot be refunded if canceled after they have been booked. If you wish to purchase insurance for packages that include non-refundable rates, the only available plan from Vacation Express is the Travel Insurance Plan.

6. Scheduled Air Cancellations & Changes: Scheduled airfares may carry advance purchase requirements and are subject to change until ticketed. There are no fees for airfare cancellations made within 24 hours of purchase. Regular cancellation penalties will apply to the hotel portion of scheduled air bookings. Once scheduled air tickets are issued, no changes are allowed and are non-refundable. Rebooking scheduled air if airline permits rebooking, with an airline imposed change fee, is possible if the reservation is cancelled with the airlines at least 24 hours prior to the scheduled departure time.

Notwithstanding the foregoing, select airfare may be non-refundable, non-changeable and carry no residual value if there is a need to cancel. Some of these tickets also do not allow for seat assignments and are not eligible for elite status upgrades. Please check the terms and conditions of your applicable airline as their terms and conditions will take precedence over the terms and conditions set out in this section.

Airfare with Spirit Airlines or Frontier Airlines will not be confirmed for 24hrs and may be rejected by the airline. If rejected, travelers may re-book different airfare with another carrier.

If purchasing a vacation package with a departure date of 46 days or more, clients have the option of purchasing a Reduced Deposit Plan (RDP) for just $10 fee plus a $225 deposit for a total of $235 per person. This RDP secures the clients’ air and hotel booking for a total of $235 per person (plus the optional trip insurance, if purchased). If clients cancel their trip 45 days or more prior to departure, the RDP fee and deposit are non-refundable. If clients cancel their trip 44 days or less prior to departure, normal cancellation penalties apply. All airline cancel and change policies are subject to change without notice.

7. Charter Air/Charter Packages Cancellations: If cancellation is made 45 days prior to departure then a $100 per person charge will apply. If cancellation is made 44-31 days prior to departure then a charge equal to 50% of the package price will apply. Any cancellation made 30 days or less prior to departure will be 100% non-refundable. If full payment is not received 45 days prior to departure, Vacation Express has the right to cancel your reservation without refund of any deposits.

8. Charter Flights: All air charter services are subject to government and/or The United States Department of Transportation (DOT) approvals. The operation of air charter services by Vacation Express is being conducted pursuant to Part 380 of the DOT Charter regulations. Vacation Express has surety trust agreements with WSFS, 309 Lancaster Ave, Malvern, PA 19355 for payment of any charter air package refunds as defined by the agreements. Under these agreements, unless you file a claim with Vacation Express (or with the bank as set out above) within 60 days after termination of your charter flight by the charter operator, Vacation Express and the bank shall be deemed released from all liability to you. Make all checks payable to WSFS Vacation Express Escrow.

9. Designated Carrier and Equipment: Flights are scheduled to be operated by Sunwing Airlines B737-800, Swift Air, LLC. B737-400, Volaris A319 and 320, Viva Aerobus A320, Dominican Wings A330, and Allegiant Air A319 aircraft.

10. Aircraft and Flight Times: Flight times are not guaranteed and are subject to change. It is your responsibility to confirm your flight time with your carrier. Nonstop and single plane service are not guaranteed. International flights are subject to the respective foreign governments granting landing rights for the flights. If the air carrier cannot obtain these rights, the flight will be canceled and a full refund will be made to you automatically. The air carrier and/or Vacation Express reserve the right to substitute other aircraft/airlines if necessary. Meal and beverage service is at discretion of carrier and alcoholic beverages are generally not included.

11. Charter Operator Cancellation: Charter flights will not be canceled by Vacation Express less than 10 days prior to scheduled departure unless for circumstances that make it physically impossible to operate the flight. In the event of a cancellation, all passengers will receive a full refund within 14 days.

12. Hotel Substitution and Description: Subject to Section 13, Vacation Express reserves the right to substitute any hotel for any reason. Vacation Express assumes no liability for hotel overbookings resulting in inconvenience and/or substitute accommodations being provided, whether of a similar or lesser quality and location. Description of services included and rates are based on inclusions/prices at print time and are subject to change without notice. Vacation Express will not be responsible or liable if any of the services, features, or facilities described on this website or in the brochure cease to be available or fail for any reason. Any resort credits provided by a hotel are provided at the hotel’s sole discretion and are subject to the hotel’s terms and conditions. Vacation Express shall not be held responsible for the use or nonuse of the resort credits.

13. Major Changes: A major change consists of: (1) change in departure or return dates (unless the result of a flight delay); (2) a delay of more than 48 hours; (3) a change in the origin or destination city; (4) a change in hotel accommodations to a property that is not named in any Vacation Express or affiliated companies brochure, website or other media; or (5) a price increase occurring more than 10 days prior to departure that increases the price paid by more than 10%. Notice of a major change or cancellation must be given to all travelers at least 10 days prior to departure or within 7 days of Vacation Express obtaining knowledge of the change or cancellation. If Vacation Express becomes aware of a major change less than 10 days prior to your scheduled departure, Vacation Express will notify you or your travel agent as soon as possible. If you are notified of a major change that you are unwilling to accept, you will have 7 days to cancel without charges (but not later than the departure date) and a full refund will be made within 14 days of your cancellation. If notification of a major change is received after departure, you may reject the major change and receive a pro-rated refund of the package price for the portion of the trip that you reject. All flights are subject to DOT approval.

14. Travel Protection Plan (PPP, PPP+ and TIP): Vacation Express offers three forms of travel protection: the Passenger Protection Plan (PPP), the Passenger Protection Plan Plus (PPP+) and the Travel Insurance Plan (TIP).

OPTION 1: PASSENGER PROTECTION PLAN (PPP):
For Hotel Only packages: From $29.00 per passenger (adult or child)

For Air/Hotel packages: $59.00 per adult and $29 per child (age 2-12)

Part A: Provided by Vacation Express

When you purchase the Vacation Express PPP, you can cancel your trip for any reason up to 24 hours before your scheduled departure date and time and all applicable cancellation charges (not change fees) as per the Terms and Conditions of the PPP contract will be refunded in the form of Vacation Express Travel Certificates (PPP Voucher) as follows:

1. Charter air packages and Hotel Only packages will receive the cost of the package, less the PPP fee on a PPP voucher, which must be redeemed within one year from the original departure date. 2. Scheduled-Air packages will receive a PPP voucher for the cost of the hotel portion less the PPP fee. Clients will receive the airline ticket numbers (or paper tickets) and be advised of the ticket cost. Clients can use the cost of the airline ticket, less the airline change fee (usually $150 to $250 per ticket) to purchase a new ticket to: a) the same Vacation Express destination on same carrier, b) a different Vacation Express destination on same carrier, or c) any destination that the issuing carrier flies. If clients take option “c” they must contact the issuing airline direct for reservations. VERY IMPORTANT – Scheduled-Air tickets must be used by one year from original purchase date. Any increases in the air or hotel price of rebooked vacations are the responsibility of the traveler. Travel certificates are issued in the original names of the passengers on the booking at the time of cancellation. The certificates are non-transferable and name changes will not be accepted. PPP can be repurchased when rebooking clients’ vacation with the original PPP voucher. Please note that the newly purchased PPP will only offer full protection for cancellation until the original date of departure. Under no circumstances does the PPP allow for a full or partial cash refund, nor is it extendible. Please note that the PPP provides limited post departure coverage as listed below.

Please note: This policy may not be purchased after you have made final payment for your trip.

For more details on this plan, please click http://www.tripmate.com/wp365S.

OPTION 2: PASSENGER PROTECTION PLAN PLUS (PPP+):
For Hotel Only packages: From $59.00 per adult and $49.00 per child (age 2-12)

For Air/Hotel packages: $89.00 per adult and $49.00 per child (age 2-12)

Part A: Provided by Vacation Express

When you purchase the Vacation Express PPP+, you can cancel your trip for any reason up to 24 hours before your scheduled departure date and time and all applicable cancellation charges (not change fees) as per the Terms and Conditions of the PPP+ contract will be refunded in the original form of payment as follows:

1. Charter air packages and Hotel Only packages will receive the cost of the package, less PPP+ fee. 2. Scheduled-Air packages will receive cash back for the cost of the hotel portion less the PPP+ fee. Clients will receive the airline ticket numbers (or paper tickets) and be advised of the ticket cost. Clients can use the cost of the airline ticket, less the airline change fee (usually $150 to $250 per ticket) to purchase a new ticket to: a) the same Vacation Express destination on same carrier, b) a different Vacation Express destination on same carrier, or c) any destination that the issuing carrier flies. If clients take option “c” they must contact the issuing airline direct for reservations. VERY IMPORTANT - Scheduled air tickets must be used by one year from original purchase date. Any increases in the air or hotel price of rebooked vacations are the responsibility of the traveler.

Please note: This policy may not be purchased after you have made final payment for your trip.

For more details on this plan, please click http://www.tripmate.com/wp366P.

OPTION 3: TRAVEL INSURANCE PLAN (TIP):
For Air/Hotel packages: $129.00 per adult and $69.00 per child (age 2-12)

The TIP is underwritten by U.S. Fire Insurance Company and the travel protection coverages are in excess of all other valid and collectible insurance or indemnity, and shall apply only after such other benefits have been paid. Below is a brief description of the benefits included within the TIP. For full details please click on the links at the end of this section.

Trip Cancellation: TIP allows you to cancel for any uncovered reason and receive a refund (in a form Tripmate deems appropriate) equal to 75% of the unused non-refundable prepaid expense, less TIP fee, provided that you cancel your trip 48 hours or more before your scheduled trip departure time and that your premium payment is received within 14 days of initial deposit/payment for your trip. TIP allows you to cancel for any covered reason and receive a refund (in a form Tripmate deems appropriate) equal to 100% of the unused non-refundable prepaid expense, less the TIP fee, provided that your premium payment is received within 14 days of initial deposit/payment for your trip.

Please note: This policy must be purchased within 14 days of deposit date or before final payment is due, whichever occurs first. Residents of NEW YORK state are not eligible to cancel for any reason.

For more details on this plan, please click http://www.tripmate.com/wp365D.

For schedule of benefits, please click www.vacationexpress.com/trip-protection/.

15. Documentation: Passengers traveling outside the United States are required to carry proof of citizenship. All U.S. citizens must have a valid U.S. passport. The passport must be valid for six months after the return date of your travel. Minors 17 and under traveling alone or with a single parent may be required to have additional documentation on international flights. It is your responsibility to secure the current requirements for your particular itinerary and carrier. At time of printing, Dominican Republic law requires that children under 18 on the day of departure traveling with an adult or guardian other than their parent, present a written, notarized authorization letter from the parent(s) giving consent for the minor to leave the country. In accordance with stricter security measures, it is required that all married passengers whose last name differs from their identification credentials must also provide a copy of their Marriage License Certificate upon check-in for all international flights. Non-U.S. citizens, to include permanent resident card (U.S. Green Card) holders, Travelers must check with the consulate of their intended destination, U.S. authorities and the air carrier(s) to obtain information on required documentation for entry to the destination and re-entry to the U.S. The above information regarding documentation is subject to change. It is your responsibility to obtain current requirements needed for your carrier and destination. Vacation Express will not be liable for passengers’ denied boarding, entry or re-entry due to lack of proper documentation and such passengers will not be entitled to a refund.

16. Health: Vacation Express recommends that travelers contact the Center for Disease Control or health provider for specific vaccinations, information for travelers with special needs and timely updates for other health news. Vacation Express will not be liable for your failure to meet the required health regulations in order to complete your travel arrangements.

17. Baggage: Baggage allowance is 44 pounds (one checked bag at 44lbs, plus one carry-on not to exceed 45 inches in combined overall dimensions) per paying passenger for most trips. Most carriers now charge for luggage, so please check with the carrier on your reservation. Limitations on checked baggage (not to exceed 44 pounds) may apply during peak travel seasons so please check with your carrier. Any overweight or oversized luggage (larger than suitcase size) will be carried, if at all, subject to load restrictions and at additional charges by the carrier. For international flights the air carrier's liability is limited to the limitations set out in the Montreal Convention. The air carrier's liability excludes cloth, canvas, vinyl, and soft-sided, or fragile baggage, jewelry, cameras, and photographic equipment, electronic equipment, cash, medicine, sporting equipment, and other valuable or fragile items. All claims are subject to proof of amount of loss, and, to preserve the passenger's rights, should be presented directly to the carrying airline in writing immediately upon discovery of the claim and prior to leaving the airport terminal. No baggage claim will be accepted after baggage has been removed from the terminal building at the airport. Oversized/non-standard checked baggage will be carried based on space availability on the aircraft.

18. Special Needs Travelers: Travelers with special needs who will require special services or assistance while traveling, including handicap adapted rooms and/or wheelchair accessible rooms, must advise Vacation Express at the time of booking. In order to ensure that you are properly assisted, we request that you advise of any and all specific needs that you may have. Please contact us at 404-321-7742 for further assistance.

19. Departure Tax: Must be paid upon departure from your destination and generally ranges from $15-$35 per person unless pre-collected by Vacation Express. Tax amounts vary by destination and are subject to change. Some destinations require the purchase of a tourist card upon arrival - in lieu of departure tax. Please note that except as otherwise stated on Vacation Express’ website or as advised by Vacation Express, departure taxes from your destination are included in most vacation packages.

20. Airport Check-In: Check-in commences approximately three hours prior to departure and we highly recommend that you check-in at this time. For cut-off/check-in deadlines, please check with your carrier. You are required to have obtained your boarding pass and to have presented all checked baggage before the carrier’s cut off/check-in deadline. For security reasons, you will be denied boarding if you have not checked in within that time. For charter flights, you must check-in a minimum of one hour prior to scheduled departure, otherwise you will be denied boarding. Passengers must be available at the boarding gate by the boarding gate deadline time noted on your boarding pass. Failure to respect the deadline may result in the reassignment of any pre-reserved seats (refunds not applicable) and the cancellation of your reservations. Please note that Vacation Express will not provide refunds or compensation for unused seating upgrades or provide any compensation as a result of a passenger being denied boarding. Should you be denied travel, it is your responsibility to make alternate arrangements. It is your responsibility to arrive at the airport on time and following check-in, to proceed to the correct departure gate by the time specified on your boarding pass. Vacation Express cannot be held responsible if you miss your flight by failing to comply with these requirements.

21. Hotel Check-in and Check-out Conditions: The check-in time for most hotels is 3:00 pm and check-out time can be as early as 11:00 am, regardless of your arrival or departure times. Please refer to your hotel accommodation voucher for actual check-in and check-out dates as this may differ from your departure and return date. Check-in policies differ by hotel and will therefore vary. Many hotels will offer hospitality areas for travelers who may be without their room for some time; however this arrangement is solely at the discretion of the hotel. Travelers wishing to make arrangements for a late check-out and baggage storage must arrange this service directly with the hotel. We do not accept responsibility for any inconvenience or loss arising from these types of arrangements. Some hotels may require you to leave a credit card imprint or cash deposit upon check-in to provide security for miscellaneous charges such as telephone calls.

22. Responsibility and Limitation of Liability: Each of Vacation Express, its agents and subagents’ act as an agent for you in relation to travel services and/or products purchased by you including, but not limited to, accommodations, transportation (including, but not limited to, ground and air transportation), and tours. Vacation Express makes no guarantees or warranties, express or implied, regarding any such services. This includes, but is not limited to transfers, flights, cruises, tours, services and accommodations purchased or provided, as well as other features listed or not listed in these Terms and Conditions and/or your itinerary.

All of these travel services and/or products purchased by you and provided in your itinerary are furnished by independent contractors over which Vacation Express and its agents and subagents exercise no control. Although Vacation Express has taken reasonable steps to ensure proper arrangements are in place for your travel plans, we cannot be held responsible for the acts or omissions of such independent contractors (including, but not limited to, delayed opening of hotel accommodations and any related relocations as a result of such delay. In such cases, you will be responsible for all costs and damages in connection with such delay and relocation including, but not limited to, airline fees and accommodation costs). Vacation Express, its parent, subsidiaries, affiliates, agents, subagents and each of their respective officers, directors, employees, agents and representatives shall not be liable for any injury, loss or damage whether mental, emotional or physical howsoever sustained, resulting or arising from any act, error, omission or negligence of any company or person, agent, employee or subcontractor supplying any of the travel services and/or products as part of your travel plans.

Vacation Express, its parent, subsidiaries, affiliates, agents, subagents, suppliers and each of their respective officers, directors, employees, agents and representatives’ liability for any loss, damage or injury, whether to property, physical or mental, arising from their own acts, omissions or negligence, is limited to the amount you paid to Vacation Express for the services with respect to which you are claiming.

The sole and exclusive responsibility and liability of any airline used in Vacation Express' services shall be in accordance with and limited by the contract of a carriage in the your ticket, the applicable tariffs, and the provisions of the Warsaw Convention or Montreal Convention, as applicable.

23. Force Majeure: Vacation Express, its parent, subsidiaries, affiliates, agents, subagents, suppliers and each of their respective officers, directors, employees, agents and representatives will not be responsible or liable for any loss, damage or injury of any nature and of any kind in whole or in part resulting from a force majeure condition including without limitation: act of God, fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, flood, water or power shortages or failures, tropical storms or hurricanes, dangers of the sea, breakdown of machinery or equipment, riots or civil commotions or disturbances and any other acts of similar nature, theft, pilferage, sabotage, arrests, strikes or other labor disruptions, restraints of rulers or peoples, expropriations, acts of terrorism, war, insurrection, strikes, epidemics, restrictions, government health advisories or warnings or alerts of any kind or nature, acts of governments or other authorities de jour or de facto, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities, or by reason of any other cause or causes of any similar nature or any other factor unforeseen by Vacation Express that impacts negatively on or hampers its ability to fulfill any of its contractual conditions. In the event that any of these conditions apply, Vacation Express shall be excused, discharged or released from its performance to the extent such performance is so limited or prevented, without liability of any kind.

24. Methods of Contact: You authorize Vacation Express to contact you from time-to-time via e-mail, phone or text message at the e-mail address or telephone number(s) provided by you when booking your reservation. Please note that message and data rates may apply. The purpose of the communications is to discuss the status of your travel products and/or services purchased by you, to tell you about additional products and services for which you may qualify and other business purposes. You may withdraw your consent at any time.

25. Post Travel Concerns: Any claims for refund or post-travel concerns must be sent to your travel agent in writing (with receipts or supporting documents) within 30 days of your return. If you booked directly with Vacation Express, any claims for refund or post-travel concerns must be sent in writing (with receipts or supporting documents) within 30 days of your return to Vacation Express, 3495 Piedmont Rd, Building 11, Suite 400, Atlanta, GA 30305 or faxed to 404-248-1237 Attention: Customer Service. Unused tour documents and components (whether voluntary or caused by airline delay or cancellation) are non-refundable. No responsibility is accepted for expenses or lost travel time incurred due to delay, aircraft reroute, change in schedule or any other causes. Vacation Express offers refunds under these Terms and Conditions with the express understanding that the receipt of that refund by a traveler waives any additional remedies. All requests for refunds must be sent in writing, certified mail, return receipt requested. Postmark date determines date of notification.

26. Miscellaneous: In the event any paragraph of these Terms and Conditions shall be declared invalid or void by any court, such declaration shall not invalidate the entire agreement and all other paragraphs of these Terms and Conditions shall remain in full force and effect. The parties agree any claim or litigation arising out of or relating to this these Terms and Conditions, or the breach or validity thereof, shall be brought in Fulton County, Georgia, the location of Vacation Express' corporate offices, and the governing law shall be the laws of the State of Georgia. You agree that in the event that any civil proceeding, arbitration, mediation or action of any kind, is commenced by you against Vacation Express or any of its agents, affiliates, officers, assignees or employees, the limit on any damages (which includes but is not limited to damages, interest, court costs, attorney fees, expenses of litigation, and punitive damages) shall be the amount you paid Vacation Express for the services which is the subject matter of these Terms and Conditions.