Terms & Conditions

Updated: April 20, 2026

The terms “we”, “us”, “our”, and “Olivia” refer to The Olivia Companies, LLC, Olivia Cruises and Resorts, and Olivia Records, Inc. The term “you”, “guest”, “traveler” or “participant” refers to the person making a booking with us and all members of their group.

CONTRACT

We draw your attention to the terms and conditions of travel herein, which include all brochures, documents, and correspondence, and the terms and conditions of our Suppliers (as defined herein) and form the basis of our legally binding contract with you (“Terms and Conditions”). Before making a booking with us, you must ensure that you have read and understood these Terms and Conditions (and ask any questions you may have). Please be aware that these Terms and Conditions contain waivers of liability as well as waivers of class action and venue selection and notice clauses. By making any payment to Olivia or participating in any of our travel experiences, you accept all the Terms and Conditions set forth herein (including the Cancellation and Chargeback sections) and acknowledge that you have read the Terms and Conditions of this legally binding agreement and agree with it. If you are making a booking as the lead or primary guest on a reservation, the person(s) or traveler(s) financially responsible for the booking must agree to the Terms & Conditions and share these Terms and Conditions with all travelers on the reservation. Olivia will not be liable for the financially responsible party’s failure to share these Terms and Conditions with all travelers on the reservation.

You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (c) the information supplied by you, or members of your group, is true and correct. Further, you agree that any violation of these Terms and Conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) your being denied access to the applicable Travel Products.

If you do not agree with any part of these Terms and Conditions, you must not make a booking with us or pay us in connection with our travel-related services.

CHANGES TO THESE TERMS AND CONDITIONS

Olivia reserves the right, in our sole discretion, to change these Terms and Conditions at any time and without notice. Updated versions of the Terms and Conditions will be posted here https://www.olivia.com/ on this website and are effective immediately on posting, and as such the current terms will apply to your booking.

ACCURACY OF ONLINE AND PRINTED MATERIAL

We thoroughly check all the information that is included within our brochures, custom itineraries, and website. However, changes do occur, and errors are occasionally made. Olivia is not responsible for any typographic or printing error in any brochure, itinerary, confirmation, or related material, and we reserve the right to re-invoice guests with the correct billing. You must ensure you check all details of your chosen trip (including the price) with us at the time of booking.

THIRD-PARTY SUPPLIERS

Cruise line(s), carrier(s), resort(s), shore excursion operator(s), tour agent(s), tour operator(s), and other such third parties may issue their own contract(s), and Olivia is hereby expressly authorized to enter into and/or accept such contract(s) on Traveler’s behalf, and traveler will be subject to the terms and conditions of any such third party. Any cruise ticket contract shall be forwarded to Traveler prior to departure of the cruise. The performance of any transportation and/or services undertaken by any cruise line(s), carrier(s), resort(s), hotel(s), shore excursion(s), operator(s), tour agent(s), and/or tour operator(s) in connection with the travel and tour shall be the sole and exclusive responsibility of the said carrier(s), resort(s), hotel(s), shore excursions operator(s), tour agent(s) and/or tour operator(s), as the case may be. In arranging the travel and tour and in performing any related services, Olivia makes no warranties nor representations to Traveler whatsoever, and in any event shall not be liable for any delay, cancellation, change in itinerary, or variation from schedule or advertised services, or any loss or damage arising from any cause whatsoever.

BOOKING/PAYMENT AND SERVICE FEES

BOOKING

Booking will be confirmed upon payment of your applicable non-refundable deposit. The Terms and Conditions must be signed and returned to Olivia immediately upon receipt of traveler’s deposit but not later than seventy-two (72) hours.

After booking is processed, you will receive your invoice with payment information, and other important travel information. While Olivia may send out a payment schedule reminder, it is the Traveler’s sole responsibility to make all payments in full and on time. Failure to make anypayment by the stipulated deadline, including full and final payment, may result in the cancellation of your travel. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect. Further, you are only entitled to request or make changes to your reservation as stipulated in the Changes and Cancellation section below.

SERVICE FEES

Any and all fees relating to our travel planning services, including without limitation, planning fees, revision or change fees, cancellation fees, and ticketing fees (collectively, “Service Fees”), if any, are NON-REFUNDABLE and must be received in full by Olivia.

Please review all correspondence and documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us within twenty-four (24) hours with any corrections.

OPTIONAL EXCURSIONS

 We do not provide or arrange excursions not listed on your itinerary. Our local representatives or guides may put you in touch with local organizers of excursions if you request them to, but we can have no liability for such excursions, as your contract for such excursions will be with a local company providing the services and not with us.

HOTELS

Travelers should be aware that hotel room sizes, standards and facilities can vary regionally and are often different from standards in the United States.  This can include differences in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning and compliance with other standards such as ADA and wheelchair accessibility.  One of the joys of international travel is experiencing different cultures and different ways of life, so we hope that you will accept these differences with grace and a sense of adventure.Olivia reserves the right, if necessary, to substitute other similar hotels for hotels listed. Such substitutions may be made at any time, and without prior notice. Olivia cannot be held responsible for hotel over-bookings; should such occur, Olivia will undertake to find similar accommodations in the same area. Such substitutions are at our sole discretion and no refunds will be offered for changes in accommodations.

SUPPLIER DESCRIPTIONS/AMENITIES/IMAGES

While we exercise due diligence in the selection of our partners, hotel and other accommodation profiles are based on information provided to us by the supplier.  This includes images and descriptions of the properties and rooms.  Additionally, travelers should be aware that star ratings or similar systems are based on country classifications and therefore can differ.  While Olivia does its best to maintain current and accurate information regarding these suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images. The Traveler agrees to furnish email address and receive email communications from Olivia. Olivia will not share email addresses with any other party (please view our Privacy Policy for more information).

TRAVELER INFORMATION

We bring to your attention the importance of accuracy. Names provided to secure reservations must match travelers’ government-issued identification and/or passports. Date of birth and complete passport details, if applicable, are required. It is your responsibility to review all travel documentation and alert us within twenty-four (24) hours of any corrections. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.

PAYMENT METHODS/CHARGEBACKS

Payments will be processed through a secure online system and can be made via major credit cards including Discover, Mastercard, and Visa, as applicable. Your verbal or written authorization is a legally binding agreement for us to process payment. Additionally, you agree not to make any improper chargebacks.

In certain cases, you can dispute charges made with credit cards ("chargebacks"). Before initiating a chargeback, the Traveler must contact Olivia concerning any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. Olivia retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees, related to improper chargebacks and to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut the chargeback claims below, including without limitation:

  • Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
  • Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card (this does not include credit card fraud).
  • Chargebacks arising from inconsistency or inaccuracy with regard to the product description.
  • Chargebacks resulting from force majeure or other circumstances that are beyond the control of Olivia or the Supplier.
  • Chargebacks resulting because you do not agree with the cancellation policy.
  • Chargebacks resulting because you were not provided with an itemized breakdown of costs in connection with your trip.
  • Chargebacks resulting from an experience where you were not satisfied with the services/products provided by Olivia or the travel Supplier.

PRICE AND RATE CHANGES

The price of your itinerary will be based on known costs at the date of issue.  All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for local taxes that are estimated at the date of publication. However, we reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase, until we receive your final payment. Any increase to your travel price will be as the result of circumstances outside of our control, including without limitation changes in our costs of supplying your travel resulting from changes by our Suppliers, dues or taxes payable locally, currency fluctuations and government action. If our costs to supply your travel increase, we reserve the right to increase the price of your travel and will forward a new invoice reflecting any changes made. Subject to the foregoing, after final payment your price is locked in.

We also reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware, and of the adjustment in price, if any, at the time of your booking.

CHANGES AND CANCELLATION BY TRAVELER

CHANGES BY TRAVELER

Since changes may be considered cancelled services, additional cancellation penalties may apply. Changes are subject to additional Supplier charges, are based on availability, and may incur additional fees. Any changes are subject to the applicable  Supplier’s terms and conditions. Olivia, in our sole discretion, may charge a change fee, based upon the complexity of the revision requested.

CANCELLATION BY TRAVELER

Cancellation of travel must be made in writing to [email protected] or a letter sent to the Olivia offices at 434 Brannan Street, San Francisco, CA 94107, and is effective from the date we receive the written notification. Service Fees paid to us prior to cancellation are always NON-REFUNDABLE.

 If the reason for cancellation is covered under the terms of your travel protection plan, you may be able to reclaim these charges. For this reason, we recommend the purchase of a comprehensive travel protection plan.

Olivia applies the following cancellation schedule:

Cancellation Fee, by Period Prior to Trip

  • 365+ days: 50% of trip cost
  • 0–364 days: 100% of trip cost (no refund)

Additional Fees per Person (All Trips)

  • Name Change: $75
  • Payment Plan Change: $50
  • Late Payments (10+ days late): $25
  • Nonsufficient Funds: $25
  • Rush + Shipping: $25

Please note that all vacation stretchers are non-refundable. Please note that resale of reservations/tickets is not permitted without written approval from Olivia.

Transfer funds and/or future trip credits

Transfer funds and/or future trip credits are non-refundable and non-transferable from the point of sale forward. Please consult the Traveler Info tab on our website for more information. There will not be any refund for any unused portion of a travel booking. While any participant can choose not to participate, please be aware there will be no refunds for any portion of the trip that participant is not able, or chooses not to engage in. Further, if you cancel while your trip is in progress, there is no refund for the unused portion. In addition, if you arrive late to any part of the trip, all costs required to reach and join the activity/trip in progress will be at your own expense. A fuel surcharge may be or become due, and the Traveler agrees to pay such charges and fees upon demand. The non-discountable amount (NDA), which includes port taxes and gratuities,is not included in the advertised fare. This amount is not subject to any promotional discounts and is subject to change without notice.  Some cruise lines include an additional gratuity charge on your bill for anything ordered at the bar, including sodas and water. Should your received payments at the time of cancellation be less than the cancellation fee, the difference shall become immediately due and payable by you.

CHANGES AND CANCELLATION BY US

We will inform you as soon as reasonably possible if a Supplier or Olivia needs to make a significant change(s) to your confirmed booking or to cancel. Before or during your trip, Olivia and its Suppliers may need to cancel or change/substitute parts of your itinerary, including but not limited to ports of call and embarkation schedule, hotels and accommodations of comparable quality, or surface transportation changes (e.g., drivers and guides), security matters, and/or other events make such alterations necessary. Suppliers may also substitute transportation equipment based on circumstances such as passenger volume. Some facilities or services may be limited or unavailable during holidays or special occasions. When possible, alternatives may be offered but are not guaranteed. Olivia is not responsible for closures or necessary itinerary changes. These changes are not considered material and do not give you the right to cancel without penalty. Normal cancellation fees still apply if you cancel your trip after these changes.

FORCE MAJEURE

Olivia assumes no liability for any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: natural disasters, fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commotion or disturbances, or any other acts of a similar nature, sabotage, cybersecurity issues and/or technology outages or disruptions, changes of schedules or operational decisions of air carriers, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics (including, without limitation, COVID-19), or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel Supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Olivia that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions (“force majeure”). In circumstances amounting to force majeure, we will not be required to refund any money to you, although if (and only if) we can recover any monies from our Suppliers (it being under no obligation to do so), we will refund these to you without any charge by Olivia.

TRAVEL PROTECTION/INSURANCE

Travel Protection Coverage is NOT included in the cost of your trip. It is the Traveler’s responsibility to protect their purchases. For this reason, Travel Protection/Insurance Coverage is recommended, and such plans should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage insurance. Travel protection/insurance plans can help protect you in the event of loss of NON-REFUNDABLE trip deposits and any other payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for costs related to, and not limited to, medical emergencies (including costly medical evacuation and repatriation costs), delayed or missed connections and baggage delay/loss.

Travel protection/insurance plans, which may include Cancel For Any Reason coverage, typically must be purchased within ten (10) days of initial trip payment in order to qualify for a pre-existing condition waiver.

While Olivia may recommend travel insurance options for you to choose from, we are not liable for any issues that result with said travel insurance options. Olivia is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel coverage plans and, as such, we cannot evaluate the adequacy of the prospective insured's existing insurance coverage. Further, we cannot guarantee that any insurance provider will approve coverage for a claim made under the insurer’s policy and make no representations about the extent of coverage for any policy it may offer or quote. Cancellation fees will not be accepted as part of your claim. If you have any questions about your travel protection, call your insurer or insurance agent or broker.

Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Olivia cannot be held responsible for denied entry if a traveler is unable to provide such details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred.

BY DECLINING TO PURCHASE TRAVEL INSURANCE, THE TRAVELER ACKNOWLEDGES THE AFOREMENTIONED RISKS ABOVE. FURTHER, IF YOU CHOOSE TO TRAVEL WITHOUT ADEQUATE INSURANCE COVERAGE, OLIVIA WILL NOT BE LIABLE FOR ANY OF YOUR LOSSES HOWSOEVER ARISING, FOR WHICH TRIP PROTECTION PLAN COVERAGE WOULD OTHERWISE HAVE BEEN AVAILABLE.  

DESTINATIONS AND DOCUMENTATION

Travel to certain destinations may involve greater risk than others. Olivia urges travelers to remain informed daily as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to destinations can be found at https://travel.state.gov/content/travel.html and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including without limitation any COVID-19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. A U.S. State Department list of travel advisories is available at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/.

Should you choose to travel to a country that has been issued a travel warning or advisory, Olivia will not be liable for damages or losses that result from travel to such destinations.

It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. When traveling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/traveler-information/acceptable-ids. Air travelers with identification (ID) that does not meet the REAL ID ACT requirements will have to use alternate ID forms (passport, military ID, or permanent resident card) to pass TSA security checkpoints—even for domestic travel. Visas are required when they apply. U.S. citizens traveling to the United Kingdom (UK) for short visits, tourism, or business, including those just passing through UK airports, will need an Electronic Travel Authorization (ETA) if they do not have a UK visa or legal residency in the UK or the Republic of Ireland. You can find out if your international destination requires a visa and how to apply at https://www.usa.gov/visas-citizens-traveling-abroad. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Olivia strongly recommends that you consider that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Many countries require a minimum number of blank pages in your passport book. Non-USA citizens may require additional documentation.  Please visit https://help.cbp.gov, www.travel.state.gov or https://www.dhs.gov/real-idfor the most updated requirements for travel documentation.

The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/. Further, certain countries restrict travelers with criminal convictions, even if expunged. Please inform us prior to booking with us if this applies to you and seek separate legal counsel to confirm your ability to travel to your desired destination. If you are denied access to a country or a Supplier due to a conviction, Olivia shall not be liable for any losses, expenses, or refunds to you or anyone in your group.

In addition, recommended inoculations and vaccinations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations and vaccinations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.

YOU ACKNOWLEDGE ANY FAILURE TO STRICTLY COMPLY WITH THESE REQUIREMENTS MAY RESULT IN DENIED BOARDING OR AN UNDUE DELAY AT AN AIRPORT SECURITY CHECKPOINT CAUSING TRAVELER TO MISS FLIGHT(S), AND SUBSEQUENT SCHEDULED TRAVEL BOOKINGS TRIPS.  OLIVIA BEARS NO RESPONSIBILITY FOR ADVISING AND/OR OBTAINING REQUIRED TRAVEL DOCUMENTATION FOR YOU, OR FOR ANY DELAYS, DAMAGES, AND/OR LOSSES INCLUDING MISSED PORTIONS OF YOUR VACATION RELATED TO IMPROPER DOCUMENTATION OR GOVERNMENT DECISIONS ABOUT ENTRY.

NON-RESPONSIBILITY

Olivia and its members, managers, owners, employees, affiliates, agents, contractors and representatives (“Representatives”) use third-party Suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this trip. Olivia is an independent contractor and is not a Representative of any of these Suppliers. Olivia does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurant, or any other entity that supplies services related to your trip. All Suppliers are independent contractors and are not Representatives of Olivia. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each Supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither Olivia, nor its Representatives are or may be liable for any loss, injury, or damage to any trip the Traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Olivia including in the event any third-party providers or healthcare professionals seek to assist with medical or other help and we are not liable for any costs or missed activities in relation to said assistance. Olivia assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; Olivia assumes no responsibility or liability for personal property; and Olivia shall be entirely relieved of any obligations under these Terms and Conditions in the event of any force majeure. Olivia accepts no responsibility for lost or stolen items. Further, Olivia reserves the right to refuse any customer or potential customer at its sole discretion.

ASSUMPTION OF RISK/WAIVER

The travel that you are undertaking in connection with your trip inherently involves risks, some in remote areas of the world. These risks include, but are not limited to, risk of injury or death from: force majeure, motor and conveyance vehicle collisions, water related activities, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, Olivia and its Representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, illnesses caused by COVID-19 (or other pandemics, infectious diseases, etc.), physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; equipment malfunctions; or a lack of safety features and/or failure to utilize any safety features.

The Traveler understands the description of these risks is not complete and acknowledges that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip and in consideration of the services provided by Olivia, the Traveler is willing to accept the risks and uncertainty involved as being an integral part of travel and is voluntarily participating in said travel with the knowledge that there are significant potential dangers and hereby agrees to accept any and all risks.

FURTHER, TRAVELER HEREBY ACCEPTS AND ASSUMES FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF ILLNESS, INJURY OR DEATH AND OF THE NEGLIGENCE OF OLIVIA AND AGREES TO AND SHALL HOLD HARMLESS AND FULLY RELEASE OLIVIA AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS ASSOCIATED WITH THE TRIP, INCLUDING ANY CLAIMS OF THIRD PARTY NEGLIGENCE AND/OR THE NEGLIGENCE OF OLIVIA AND/OR ITS REPRESENTATIVES, AND TRAVELER HEREBY COVENANTS NOT TO SUE OLIVIA AND/OR ITS REPRESENTATIVES FOR ANY SUCH CLAIMS OR JOIN ANY LAWSUIT OR ACTION THAT IS SUING OLIVIA. THIS AGREEMENT ALSO BINDS YOUR HEIRS, LEGAL REPRESENTATIVES, AND ASSIGNS. THE TERMS OF THIS HOLD HARMLESS AND RELEASE OF ALL LIABILITY PARAGRAPH, SHALL SURVIVE ANY TERMINATION OR CANCELLATION OF THESE TERMS AND CONDITIONS, WHETHER BY OPERATION OF LAW OR OTHERWISE.

INDEMNIFICATION

Traveler agrees to and shall indemnify and hold harmless Olivia and its Representatives from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Olivia or its Representatives (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, lawsuits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) your breach or violation, or threatened breach or violation, of these Terms and Conditions; (ii) any of your acts or omissions, including any damage caused by you to persons or property while participating in the trip, (iii) any force majeure or inherent risk of travel; or (iv) claims brought by third parties in connection with any of the foregoing. The terms of this INDEMNIFICATION paragraph shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.

HEALTH/PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES

It is essential that you advise us before booking if you have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Olivia will communicate requests to Suppliers but cannot be responsible if Americans with Disabilities Act (ADA) accommodations are not available. Accommodations provided will be at the sole expense of the Traveler requiring the accommodation. Please note that accommodations outside of the USA may not follow compliance with the Americans with Disabilities Act (ADA) and may not have wheelchair accessibility. Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the Traveler is traveling with. Travelers with disabilities must notify Olivia at the time of booking, of the status and identity of their non-discounted, fully paid travel companion who will be responsible for providing all necessary assistance. Please note we may request that you provide a letter from your doctor confirming your fitness to travel.

If you are pregnant or expecting at or around the time of your planned travel, please inform us prior to booking. Some Suppliers will not permit travel past certain gestational periods for your safety and the safety of your child/ren. If you become pregnant after booking with us, please consult with a doctor and review the Supplier terms and conditions as they relate to your booking to determine whether you will be permitted or prevented from traveling. If you are denied boarding embarkation, or access to a Supplier due to a pregnancy, Olivia shall not be liable for any losses, expenses, or refunds resulting from such loss in access for you or anyone you travel with.

For the safety of our guests, Olivia reserves the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion.

SPECIAL DIETARY REQUIREMENTS

For safety and liability reasons, Olivia and its suppliers cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. All special dietary requests regarding food and drink, including allergies, or dietary requirements and restrictions, must be disclosed at the time of booking and are the sole responsibility of the Traveler.

YOUR CONDUCT

Each Traveler on any trip planned by Olivia is expected to act responsibly and adhere to all behavior guidelines established by our Suppliers. All Suppliers reserve the right to remove you from any facility, hotel or resort property, tour location or means of transportation if your health or your conduct appears to endanger yourself or others, disrupts the general well-being of other individuals on any element of your trip, or interferes with the operation or security of the places we visit. In any such case, there will be no refund. When you book with Olivia, you accept responsibility for any damage or loss caused by you or anyone traveling with you including, without limitation, in connection with any violation of applicable laws, regulations or policies, or use of illegal substances at the location of your travel (e.g., marijuana). Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other Supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a trip, or any portion of a trip. You agree not to hold Olivia or any of its related entities liable for any actions taken under these Terms and Conditions.

PHOTOGRAPHIC/VIDEO LIKENESS AND FEEDBACK

The Traveler hereby gives consent and grants to Olivia a royalty-free, perpetual, and irrevocable license to publish any testimonials, reviews, photographs and/or videos of the trip or the Traveler in any form of media without obtaining further consent and without compensation, solely for the purposes of marketing our trips. Each traveler releases Olivia and its Representatives from any liability in connection with any use of such photographs and/or video. Notwithstanding the foregoing, if a traveler desires to have a specific photo or video removed from our website or social media, please request said removal by email to [email protected].

GOVERNING LAW AND VENUE

These Terms and Conditions and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in San Francisco in the State of California.

CLASS ACTION WAIVER AND LIMITATION OF DAMAGES

YOU AGREE THAT YOU WILL ONLY BRING CLAIMS AGAINST OLIVIA IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. OLIVIA SHALL NOT IN ANY CASE BE LIABLE FOR OTHER THAN COMPENSATORY DAMAGES, AND YOUR PAYMENT OF A DEPOSIT ON A TRIP MEANS THAT YOU AGREE TO THESE CONDITIONS OF SALE AND EXPRESSLY WAIVE ANY RIGHT TO PUNITIVE DAMAGES.YOU FURTHER AGREE THAT IN NO EVENT SHALL OLIVIA’S LIABILITY TO YOU (OR ANY MEMBER OF YOUR TRAVELING PARTY, OR YOUR/THEIR HEIRS, SUCCESSORS AND ASSIGNS), FROM ANY CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, INDEMNITY, EQUITY, OR OTHERWISE), EXCEED THE AMOUNTS PAID TO  OLIVIA FOR THE SERVICES OLIVIA PERFORMED AND PROVIDED TO YOU IN CONNECTION WITH THESE TERMS AND CONDITIONS, AND THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THESE TERMS AND CONDITIONS BY OLIVIA. 

JURY WAIVER AND NOTICE OF CLAIM/INTENTION TO COMMENCE ACTION

YOU HEREBY AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT NO CLAIMS WILL BE CONSIDERED AND THAT YOU WILL NOT BRING SUIT AGAINST OLIVIA UNLESS YOU HAVE FIRST PROVIDED A WRITTEN NOTICE OF CLAIM TO OLIVIA WITHIN THIRTY (30) DAYS AFTER THE TRIP OR CANCELLATION OF THE TRIP, FURTHER PROVIDED THAT YOU AGREE TO FILE SUIT WITHIN ONE (1) YEAR OF THE INCIDENT AND YOU ACKNOWLEDGE THAT THIS EXPRESSLY LIMITS THE APPLICABLE STATUTE OF LIMITATIONS TO ONE (1) YEAR. 

ELECTRONIC COMMUNICATIONS

 You consent to receive electronic communications, and you agree that all documents, notices, disclosures, and other communications that we provide to you electronically, via email or through text, satisfy any legal requirement that such communications be in writing.

ENTIRE AGREEMENT & SEVERABILITY

These Terms and Conditions, including the terms and conditions of our Suppliers, and any other documents, including invoices, that we provide you constitutes the entire agreement, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Olivia. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Failure by us to exercise or enforce any right or provision of these legally binding Terms and Conditions shall not constitute a waiver of such right or provision.

MISCELLANEOUS

These Terms and Conditions shall be written in, and all other communication under or in connection with these Terms and Conditions shall be in, the English language. Any translation into any other language shall not be an official version thereof, and in the event of any conflict in the interpretation between the English version and such translation, the English version shall control. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. The provisions of these Terms and Conditions, which by their nature extend beyond termination or expiration of these Terms and Conditions (whether by operation of law or otherwise) shall survive the expiration or termination of these Terms and Conditions to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate.

SELLER OF TRAVEL

CA SOT # 1009281-40; Registration by the State of California does not constitute approval by the State of California.

California Residents Only: Upon cancellation of the transportation or travel services, where the guest is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the guest, all sums paid to Olivia for services not provided will be promptly paid to the guest, unless the guest advises Olivia in writing, after cancellation. This provision does not apply where Olivia has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, Olivia will provide the guest with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.