By using the services of Dickson Productions, Inc., you agree to these terms and conditions. Please read them carefully.
1. GENERAL: Thank you for choosing Dickson Productions, Inc. Upon deposit and/or full payment of the Tour price by the “Tour Participant” also referred to as “You, Your or Participant” as named in the Reservation Agreement, Dickson Productions, Inc., 2110 W. Slaughter Lane Suite 107 #164 Austin, Texas 78748, also referred to as “DP ”, agrees to provide the services specified in the accompanying advertisement and/or website subject to these Big Cabo Fest Tour Terms and Conditions (“Agreement”). This Agreement shall be effective when your Tour reservation is properly completed, all documents required are signed, and payments therein specified are received and accepted by DP. If DP does not receive your completed Tour reservation, DP cannot and will not include you on the Tour. Neither you, your representatives, nor your travel agent may modify, add, or delete any terms of this Agreement. Any individual who takes part in any of the activities or events of Big Cabo Fest have agreed, by their participation to the Terms and Conditions set forth herein regardless of whether they signed these Terms and Conditions. You must be 18 years of age or older to participate in this Tour. IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, PLEASE DO NOT USE THIS WEBSITE OR DP’S SERVICES.
2. PAYMENTS: All checks should be payable to Dickson Productions, Inc. Final payments must be received on or before 6:00pm CST on March 19th, 2019 (any person that makes a reservation on/after March 19, 2019 must pay in full at the time they make their reservation). DP is not responsible for reservations when final payments are not received on time in which the cancellation policy as stated herein will take effect. DP does not take responsibility for losses in delivery or delays in mailing. DO NOT MAIL CASH, or credit card numbers. DO NOT EMAIL credit card information. A late sign-up fee of $25.00 will be added to the Tour package price when DP receives reservation deposits after February 1, 2019. If final and full payment is not received by 6:00pm CST on March 19, 2019, reservations are subject to cancellation and deposits shall be forfeited. If a name change is requested/accepted after March 19, 2019, a $100.00 Name change fee will apply. All reservations are made on a first come, first serve basis.
3. CANCELLATION POLICY: There is a $300.00 PER PERSON (THREE HUNDRED DOLLARS AND ZERO CENTS) non-refundable cancellation fee. No refunds for any balances paid after March 19, 2019. Please see Travel Insurance purchase options at time of booking your trip.
All cancellations must be made in writing signed by the Participant and mailed to Dickson Productions, Inc., 2110 W. Slaughter Lane Ste. 107 #164 Austin, Texas 78748 or communicated via email to firstname.lastname@example.org. A DP representative will confirm written notice of cancellation.
NO REFUNDS will be given if the written cancellation is received after 6:00pm CST on March 19, 2019. The cancellation policy will be in effect if payments are not received on time or a written cancellation notice is not received by DP on or before the above date. DP is not responsible for lost payments or delays in mailing. Cancellations made by telephone must be signed and confirmed in writing by fax or mail and received by DP within three (3) days of the date of the telephone cancellation from the Participant that cancels. See paragraph 9, Participant Substitution for refund options. Please refer to Travel Insurance Options at time of booking your trip.
4. RECORDING, PHOTOGRAPHY, VIDEOTAPING: Activities during the entire Big Cabo Fest Tour (or any DP event), including but not limited to, all scheduled performances and activities in all venues, public areas, lodging properties, and any location deemed necessary or appropriate for recording as determined by DP, photographing, or videotaping may be photographed and/or recorded conducted for future rebroadcast, advertising, or commercial purposes. By participating in said Tour and or entering any venues, activities, or areas related to the Tour, You are consenting to being recorded, photographed and/or videotaped without payment or remuneration of any kind. DP does not offer or provide any surveillance or security cameras, videotaping or recording for any security issue whatsoever. Further, any recording, photographs or videos of any nature are the sole property of DP and DP reserves the right to use any photograph/video taken at any event or during any Tour activity, without the express written permission of those included within the photograph/video. DP may use the photograph/video in publications or other media material produced, used or contracted by DP, including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, or other social media.
Any person desiring not to have their photo taken or distributed must contact email@example.com in writing of his/her intentions and include a photograph.
5. Incidental/Damages: Property management will require a credit card or other form of collateral at check-in for any room charges, fees or others. Any such transaction for such fees will remain between you and the property management. It is your responsibility to pay all incidental unit or room charges or any other fees directly to your lodge.
6. Returned Checks: DP shall collect a $50.00 (FIFTY DOLLARS AND NO CENTS) charge for any returned checks. The $50.00 returned check fee plus the original amount of the check must be paid to DP within 72 (seventy-two) hours of verbal, email or other notification by DP or reservation will be canceled. Thereafter, the amount due must be paid by money order, cashier’s check, or certified check.
7. Collection Costs: Participant agrees to pay reasonable attorney’s fees and other expenses incurred by DP in the collection of unpaid damages, insufficient or stopped checks, credit card reversal or misrepresentation or other losses or damages under this Agreement if such collection is deemed necessary by DP.
8. Occupancy: Prices are based on noted occupancy. If your suite is not filled to occupancy due to cancellations or inability to fill vacant space(s) by Tour Participants, the remaining Participants in the suite will be charged pro rata for the vacancy and the pro rata charge must be paid in full prior to checking into the suite.
9. Name (as it appears on your passport) is required for reservations. In order to facilitate lodging check-in and Big Cabo Fest registration procedures, DP must have names as it appears on your passport, passport number, and expiration date for all purchased trips no later 6:00pm CST on March 19, 2019. Names provided to DP after this date, or name substitutions will constitute name change fee of $75 and must be paid in full at the time of the name addition/change. A Substitute may attend the Tour in place of the original Participant. However, the original Participant is responsible for all financial obligations and these Terms & Conditions in the event the Substitute fails to comply with them. A $100.00 (ONE HUNDRED DOLLARS AND NO CENTS) name change fee is required. The Substitute must complete all reservation requirements, including those stated under the payments section which must be sent to and received by DP along with a written notice of a substitution by you. Substitute must agree to this and any other Agreement related to the reservation process in order to participate in the Tour, and it is Substitute’s choice to not agree.
10. Roommate Request: You may choose your roommate(s). A roommate request must be received on or before February 5, 2019 from each Participant. In case of conflicting roommate requests, DP will assign roommates. Individuals that are not DP paid Participants may not stay in your unit or room. Having people stay in Your unit or room that are not DP paid Participants of the Tour will result in the eviction of You and all Participants in the unit or room from the Tour in its entirety. If evicted, you and all other Participants in that unit or room will not receive a refund for any portion of the Tour.
11. Participant’s Requested Changes: All requests for any changes from the advertised Tour or your reservation must be received in writing by DP on or before 70 days prior to the beginning of the trip. Such changes include, but are not limited to, roommate changes, date changes, accommodation changes, and transportation changes. Please see air/transportation terms listed in #13 below. Changes are not effective until approved in writing by DP. A $100.00 (ONE HUNDRED DOLLARS AND NO CENTS) per change per person service fee may be charged for any changes.
12. Refunds: No refunds will be given for any unused portions of the Tour including, but not limited to, transportation (see #13 air/transportation terms),accommodations, activities, unused activity or concert/festival passes, or optional items. Refunds may apply only where injury, illness or medical attention is required and prohibits the Participant from participation in the Tour. The decision of whether a refund will be given, either in whole or in part, is solely within the discretion of DP.
13. Flight and Other Travel Information: Airline and transfer restrictions are established by the company providing those services. Separate supplier terms and conditions will apply to your reservation and purchase of Tour-related goods, services, and activities that you select. You are responsible for the restrictions and any fees associated with them. When making connecting flights, allow adequate time for delays or changes in scheduling. DP cannot and does not accept responsibility for a Participant’s failure to verify flight times and/or transfers with the airline. Your transportation terms and agreement is strictly between you and your carrier, airline, or other third party supplier.
Participant authorizes DP to book a third party hotel to fulfill Participant’s travel requests. Participant ratifies DP’s actions on Participant’s behalf, including acceptance of such third party’s terms and conditions, which limit Participant’s rights, and Participant agrees to bind by such actions. In the event of any inconsistency or ambiguity of terms, DP shall benefit from the most favorable term(s) in each instance.
14. Participant’s Conduct Policy: DP, law enforcement, and/or the property management reserve the right to deny that any Participant stay in the accommodations or to be involved in any activities or events at any time during the duration of the Tour caused by any, conduct, action, problem or issue associated with or caused by any Participant that may harm or interfere with the enjoyment of other Tour participants for any reason whatsoever. There will be no refunds of any deposits, fees or charges of any type if any part of the Conduct Policy is violated. The decision as to whether the Participant’s Conduct Policy has been violated is solely within the discretion of DP.
15. Travel Insurance: DP OFFERS ACCESS TO MANY PRODUCTS AND SERVICES TO ENHANCE EVERY TRAVEL EXPERIENCE. DP strongly recommends the purchase of comprehensive travel insurance plans for, Tour cancellation protection, air travel, personal liability, lost or stolen luggage, including but not limited to, accidental death/dismemberment, and medical coverage. TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF PARTICIPANT’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTIONS, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, Participant understands and agrees that if Participant cancels or interrupts Participant’s travel for any reason, portions of the trip/tour may not be refunded. DP’s and travel suppliers cancellation penalties will apply resulting in the loss of monies up to the full cost of Participant’s Tour, all travel bookings, and related costs. Employees of DP are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for travel insurance selected. DP is not responsible for flight cancellations lost o
16. Travel Documentation: The requirements described are government regulations and policies. They are subject to change without notice.
- DP strongly recommends all guests travel with a passport that is valid for at least 6 months beyond the end of the trip.
- It is the sole responsibility of the guest to identify and obtain all required travel documents for the entire vacation and have them available when necessary.
- Guests who do not possess the proper documentation may be prevented from boarding their flight or from entering the country and may be subject to fines.
16. Trip Agenda and Event Schedule: DP does not accept responsibility for you or any qualifying Substitute’s failure to verify travel, Tour dates, time and location of check-in, check-out, and times of all activities and events. Check-in procedures and information will be available on line at www.bigcabofest.com approximately 30 (thirty) days before the first date of the Tour unless otherwise noted. The Tour Agenda and Events Schedule will also be available at check- in. All Tour events and activities are subject to change without prior notice.
17. Additional Hotel or Condominium Charges: Some properties (condominiums or hotels) may charge a daily or weekly fee. Additional fees may include, but not be limited to, bellman luggage fees and room service fees. Any such fees are the sole responsibility of the Participant. Contact the property front desk or management for information regarding these or any other fees.
18. Entertainment Portion of Tour: DP is not responsible for the cancellation of, lack of seating capacity for, or the unavailability of, all or any part of the celebrity Entertainment Portion of the Tour. Events, activities, and entertainment packages are subject to change without prior notice. Events are held in large and small capacity venues. Some venues may fill to capacity with only one-out-one-in access. DP will not refund any portion of the Tour price due to cancellations or unavailability of the Entertainment Portion of the Tour for any reason.
19. Website Errors: DP does not guarantee the website is free of pricing and description errors and/or changes. DP reserves the right to correct, change and charge for pricing errors, discrepancies and/or changes, if any.
20. DP Not Liable: Limitation of Responsibility and Disclosure. DP is acting solely as an agent for disclosed principal supplier hotels, ground transportation, and other independent contractors providing accommodations, transportation, and/or other services related to Tour events and activities (“supplier(s)”), and is not the source or provider of the services. Each of these supplier companies is an independent entity with its own management, and is not subject to the control of DP. Customer is advised that the suppliers whose names appear in Tour documentation are those actually responsible for providing the purchased, and consents to the use of those suppliers, and understands and agrees each supplier’s Terms and Conditions are contained in printed form and are set forth on their respective websites, which govern the transaction. All bookings are accepted by DP as agent for the disclosed suppliers of your Tour. The transportation, accommodations and other services provided by the identified suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective websites. DP is only responsible for making the arrangements for accommodations and services which constitute the Tour, except to the extent that accommodations or services cannot be supplied due to reasons beyond its control. DP is not in any way liable for personal injury, death, property damage or loss arising out of any act, omission or negligence of any transportation entity, including but not limited to, any air carrier, motor coach company, hotel, condominium or resort, any employee or agent or representative thereof, or any person or entity rendering any services or accommodations in connection with the Tour. Furthermore, DP is not in any way responsible for any injury, damage or loss, theft, accident, or any loss while traveling to and from and/or while on the Tour, including but not limited to, participation in any events on the Tour. DP is not responsible for weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of DP’s control. Natural events may be characterized as an “adverse weather condition” or a “natural disaster” by suppliers and your travel insurance company, which is beyond the control of DP. DP reserves the right to cancel any Tour events or activities, or any part of it, and to make such alterations in the Tour events and activities, as it deems necessary. DP shall not assume any responsibility for any air and/or ground schedule changes. Refunds will not be given due to inclement weather.
If the original advertised Tour property becomes unavailable for any reason, DP reserves the right to substitute accommodations that are the same or similar to those initially represented. DP does not represent, warrant or guarantee that other accommodations will be made available. DP.Y
21. FORCE MAJEURE. “Force Majeure” means, in relation to DP, any circumstances beyond the reasonable control of DP, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences). DP shall not be deemed to be in breach of these Terms and Conditions or otherwise be liable to You, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
If DP, and/or any of Event suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to your Tour. DP shall be entitled to recover the reasonable actual and potential costs to DP of the Force Majeure and applicable cancellation fees.
Regarding civil unrest, once DP has investigated the prevailing situation, as it deems fit, it shall remain in DP‘s sole and absolute discretion whether to proceed with your Tour. You may in such circumstances cancel the trip subject to DP’s and each supplier’s terms and conditions.
PARTICIPANT AGREES TO INDEMNIFY DP FROM THE CONSEQUENCES, IF ANY, OF ANY FAULT, CAUSATION, INTENTIONAL ACT, CRIMINAL ACTIVITY, CRIME, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT ENTRUSTMENT, NEGLIGENCE PER SE, BREACH OF DUTY, STATUTORY VIOLATION OR TORTIOUS CONDUCT ALLEGED ON THE PART OF DP, ITS AGENTS, SERVANTS EMPLOYEES, INCLUDING BUT NOT LIMITED TO, DICKSON PRODUCTIONS, INC. AND/OR JOHN DICKSON INDIVIDUALLY OR IN ANY OTHER CAPACITY SHOULD ANY INTENTIONAL ACT, CRIMINAL ACTIVITY, OR CRIME, BREACH OF DUTY, TORTIOUS CONDUCT, STATUTORY VIOLATION, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT ENTRUSTMENT, NEGLIGENCE PER SE, FAULT OR CAUSATION EVER BE ALLEGED OR PROVED AGAINST DICKSON PRODUCTIONS, INC. AND/OR JOHN DICKSON INDIVIDUALLY ARISING OUT OF OR BASED IN WHOLE OR IN PART ON THE TOUR AND/OR ANY ACTIVITIES CONDUCTED OR OFFERED DURING THE TOUR, INCLUDING TRAVEL TO AND FROM THE TOUR DESTINATION. THE INDEMNITY IS PAYABLE AND PERFORMABLE IN TRAVIS COUNTY, TEXAS. IT IS EXPRESSLY UNDERSTOOD THAT THE INDEMNITY AND HOLD HARMLESS AGREEMENTS PROVIDED FOR HEREIN ARE INTENDED TO INDEMNIFY AND HOLD HARMLESS DICKSON PRODUCTIONS, INC., AND/OR JOHN DICKSON INDIVIDUALLY FOR THEIR LIABILITY OR NEGLIGENCE.
PARTICIPANT EXPRESSLY AGREES THAT THESE INDEMNITY PROVISIONS COMPLY IN ALL RESPECTS WITH WHAT IS COMMONLY REFERRED TO IN TEXAS LAW AS THE “EXPRESS NEGLIGENCE DOCTRINE” AND/OR RULE, AND THE PARTICIPANT EXPRESSLY AGREES NOT TO ASSERT LACK OF COMPLIANCE WITH THAT DOCTRINE OR RULE OR ANY OTHER DEFENSE TO THESE INDEMNITY PROVISIONS AS A DEFENSE TO ATTEMPTS TO ENFORCE THEM OR AS A BASIS FOR NOT COMPLYING WITH THEM.
23. Venue. In the event of judicial action or proceedings of any kind or nature whatsoever arising out of or in connection with the Tour, DP and/or this Agreement, the parties agree that said action or proceedings shall be initiated and maintained only in the United States District Court for the Western District of Texas, Austin Division, Texas or in the Texas State District Court in Travis County, Texas. Participant irrevocably submits to the exclusive venue and jurisdiction of such courts for any such action or proceedings. Participant hereby irrevocably waives their choice of venue and/or the defense of an inconvenient forum to the maintenance of such action. Participant hereby irrevocably consents to the service of any and all citation and/or process in any action or proceeding by regular mail to the address Participant provided to DP on the Reservation Agreement.
24. Enforcement. In the event that a judicial action or any proceeding shall occur, and representation is necessary to collect or enforce the Terms and Conditions of this Agreement the promoting party is entitled to the recovery of all costs and expenses of enforcement of the Terms and Conditions of this Agreement, including reasonable attorneys’ fees.
25. Reservation Of Rights/ DP reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will be posted here on this website and are effective immediately on posting. Please check frequently to see if these Terms changed. Use of the website after any changes to the Terms and Conditions constitutes your consent to the changes.
26. General. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Participant and DP with respect to Tour bookings made with DP by any means accessing such information, including its website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Participant and DP with respect to communications with DP, including the DP website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
27. Additional Terms, Conditions, Releases, and Waivers of Liability.
DP HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND PARTICIPANT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM DP WILL BE LIMITED TO THE COMMISSION AND FEES PAID BY PARTICIPANT AND ACTUALLY RECEIVED BY DP IN THE PAST TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. Additional terms, conditions, releases and/or waivers of liability may be requested by the Tour activity provider. Your agreement to such terms, conditions, releases and/or releases are at your discretion and do not affect or alter the Terms and Conditions of this Agreement between you and DP.
28. Electronic Communications. When you use any DP service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other means of communication. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
29. Security And Privacy. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate all suspected violations of these Terms and Conditions.
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting disclosure of the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS DP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DP OR LAW ENFORCEMENT AUTHORITIES.
30. Copyright All content contained on this website, including downloadable files, text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the exclusive property of Dickson Productions, Inc. and protected by United States and international copyright laws. No part may be reproduced or reused for any other purpose without due acknowledgement and advance permission of the copyright holder.
31. Design Marks All rights are reserved. All other trademarks and service marks appearing on the site are the property of their respective owners, and all rights are reserved. Use of any of our trademarks, service marks or names as “metatags” on other websites is prohibited. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit any of the content contained in this website nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from this website or other sites owned and operated by Dickson Productions, Inc. without the express prior written permission of owner of such material (from whom you are solely responsible for obtaining permission) for any reason, and shall not acquire any ownership rights, nor create a database in electronic or manual form.
All Rights Reserved, Dickson Productions, Inc.