Fuse Technologies, Inc. Booking Agreement
Please carefully and thoroughly read this agreement – it is a legally binding contract.
All purchases are made with Fuse Technologies, Inc. (“Fuse,” “we,” “our,” or “us”). When you purchase any product or book any Trip (as defined herein) with Fuse, You (on behalf of yourself and any of your guests or travelers using any of the products or services of the Trip you are purchasing (“Guests”), will be deemed to have entered into this agreement on behalf of all Guests named in the booking with Fuse Technologies, Inc. (the “Agreement”).
The Agreement contains the entire understanding between you, the Trip participant (“participant,” “traveler,” “you,” or “I”), Guests, and Fuse with respect to all transactions made with us and to any and all services or products organized, arranged, or provided by us or a third party, which may include hotel, lodging, or camping accommodations (all encompassed by “Hotel Accommodations”), transportation, admission or entry to an event (“Event Ticket”), and/or additional services not central to any travel component of the booking (e.g., an open bar at a venue, club access, etc.) (“Add-On”) (collectively referred to herein as “Trip”; “Trip” may also be used to refer to one component or some combination therein of our services).
By making any transaction, including, without limitation, the purchase, enjoyment, attendance or other use of any Trip with/from Fuse, a third party, and/or the Fuse website, you (and your parent or legal guardian, if you are a minor) acknowledge and agree to be bound by the terms and conditions set forth in this Agreement and that you are at least thirteen (13) years of age.
If you do not agree to this Agreement, in whole or any part thereof, do not purchase, enjoy, attend, or otherwise use any Fuse-related Trip and/or service, or enter into any Fuse-related transaction. Be sure to return to this Agreement periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify this Agreement without prior notice.
If you have a complaint about your Trip, you agree to inform our Support Team immediately so that they can attempt to rectify the matter. Fuse assumes no liability for complaints that are not properly brought to the attention of the Support Team with sufficient notice to resolve or attempt to resolve complaints. Any complaint made after the completion of a Trip must be received via the email associated with the purchase to [email protected] within 15 days from the end of the Trip. You acknowledge and agree that Fuse has no obligation to respond to or address any claims received after this period or sent via methods not specifically provided in this section.
Event Tickets are provided by third parties, not Fuse. You agree to follow the laws, rules, policies, protocols, terms, and conditions of the Event Ticket owner and/or operator (“Event Ticket Rules”), as well as policies or protocols put in place by local, state/provincial, and federal governments.
If your Trip includes an Event Ticket, you (on behalf of both yourself and your Guests) acknowledge and agree that the event will be provided by a third party and not Fuse, and that you are bound to the laws, policies, protocols, and terms and conditions of the Event Ticket producer and/or organizer, the underlying event, the venue owner and/or operator, local, state/provincial, and federal governments, and us.
An Event Ticket is a revocable license and the third party producing the event (or any of its representatives) may, in its sole discretion, refuse your admission or eject you to/from the event. We will not issue a refund for an Event Ticket, or any other portion of your Trip, including but not limited to Hotel Accommodations and/or Add-ons if you are denied access to or are ejected from an event.
Except to the extent permitted by applicable federal, state/provincial, or local law, statute, regulation, or ordinance, an Event Ticket may not be resold or offered for resale without our prior written consent, which may be delayed, conditioned, or withheld. Any resale in violation of this Agreement or applicable law will invalidate your Event Ticket purchase and revoke any license granted thereunder. Unlawful resale (or attempted unlawful resale) of an Event Ticket (including without limitation producing counterfeit or copies of Event Tickets) is grounds for seizure and cancellation without refund of not only the Event Ticket but also your Trip in full. Event Tickets may not be used for advertising, promotions, contests, or sweepstakes without our express formal written authorization.
If the correct price of an Event Ticket sold by us is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
While an Event Ticket may be for a category of location in a particular venue, we do not guarantee specific rows or seat numbers. The category of location is provided to us by the Event Ticket organizer or venue and may not be a specific description of the location. Any seating maps provided are illustrative of a venue’s layout which may not be exact and are subject to change at any time. We will not issue any refunds for Event Tickets if the seating map is updated, additional seats or rows are added, or seats are changed due to a venue change after your purchase.
Finally, you understand that if your Trip is not finalized pursuant to Section 8 of this Agreement (including but not limited to a Guest or traveler in your room’s failure to finalize the booking by the applicable deadline), Fuse reserves the right to cancel the Event Ticket, release it back into inventory, and any money you (and any of your travelers within your room) have paid to us is non-refundable.
Hotel Accommodations are provided by third parties, not Fuse. You agree to follow the laws, rules, policies, protocols, terms, and conditions of the hotel owner and/or operator (“Hotel Rules”), as well as policies or protocols put in place by local, state/provincial, and federal governments.
Hotel Rules may include but are not limited to: (i) minimum age (for example, the Hotel Accommodations provider may require that at least one (1) person in every room booked be at least twenty-one (21) years old at the time of check-in); (ii) a valid driver’s license or passport upon check-in, (iii) a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay; and (iv) a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay (such deposit is unrelated to any payment received by us for your Trip).
You agree that bed and room requests cannot be guaranteed by us and are assigned at the discretion of the Hotel Accommodations provider. Special requests such as single rooms, lower floors, connecting rooms, smoking preference, and ADA-accessible rooms must be made at the time of check-in. There may be additional charges for such requests which will be the sole expense of the guest making the request.
If you are a member of any rewards program, you will not receive points for your stay.
When necessary, we reserve the right to substitute other similar-quality Hotel Accommodations for Hotel Accommodations listed. Such substitutions may be made at any time and with or without prior notice. We are not responsible for hotel over-bookings; should the Hotel Accommodations provider over-book your Trip, we 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 Hotel Accommodations.
If the correct price of a Hotel Accommodation sold by us is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We will not issue a refund for the Hotel Accommodations portion of your Trip or any other portion of your Trip if you are denied access to or are ejected from a hotel.
Finally, you understand that if your Trip is not finalized pursuant to Section 8 of this Agreement (including but not limited to a Guest or traveler within your room’s failure to finalize the booking by the applicable deadline), Fuse reserves the right to cancel the Hotel Accommodations without refund of any money paid by you (and/or any of your Guests or travelers within your room) and release the inventory back for sale.
If your Trip includes any Add-Ons, such Add-On will be provided by a third party and not Fuse. You (on behalf of yourself and your Guests) acknowledge and agree that you will be bound by the laws, rules, policies, protocols, terms, and conditions of the Add-On service provider owner and/or operator and the local, state/provincial, and federal governments. We make no representation or warranty as to any Add-On to be provided or as to any restrictions placed on the use or enjoyment of the Add-On by either the Add-On service provider or applicable law.
If the correct price of an Add-On sold by us is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Finally, you understand that if your Trip is not finalized pursuant to Section 8 of this Agreement (including but not limited to a Guest or traveler within your room’s failure to finalize the booking by the applicable deadline) Fuse reserves the right to cancel any Add-On and released back into inventory and any money you (and/or any of your Guests or travelers within your room) have paid to us is non-refundable.
Any Trip purchased from Fuse and/or via the Fuse website is a revocable license from a third party for the applicable period. Once you have commenced use of any Fuse product and/or service, any portion thereof, the third party reserves the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or reject any person from any applicable facility or event, and/or withdraw or refuse to begin services or provide goods to any person who fails to comply with this Agreement, the rules of an applicable third party, and/or applicable local, state or federal law or ordinance, in whole or in part, or whose conduct is deemed by the applicable third party as disorderly, annoying, illegal, vulgar, abusive, threatening, uncomfortable, aggressive, or out of compliance with this Agreement or the applicable third party’s terms, conditions, rules, or policies (collectively, “Removal Behavior”). Notwithstanding the foregoing, if the third party determines, in its absolute and sole discretion, that prior to your use of any Fuse product or service, you engage in or are reasonably likely to engage in any Removal Behavior, the applicable third party shall have the right to, without any compensation to you, refuse to perform any applicable services or provide any applicable goods.
You and your belongings may be searched by the third party providing goods/services upon entry to, or otherwise in connection with your attendance at, any event or premises in connection with your transaction at Fuse, a third party, and/or the Fuse website. You hereby consent to such searches by third parties and forever waive any and all related claims that could arise. If you elect to withdraw such consent to such searches, you may be denied access to the corresponding good, product, and/or service without refund or other compensation. Under certain facility rules, certain items may not be brought into certain events or premises, including, without limitation, alcohol, drugs, controlled substances, weapons, cameras, recording devices, laser pointers, strobe lights, irritants, and various forms of containers. Breach of this Agreement or any applicable third party’s terms, conditions, or policies may result in termination of your license to attend the corresponding event or activity or otherwise enjoy the applicable good, product, and/or service, without refund or other compensation.
Fuse endeavors to publish and maintain accurate prices and information for its services. In the event, however, that a service is listed or provided at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from our affiliates and/or providers, Fuse retains the right to refuse or cancel any purchase for such services. Fuse shall have the right to refuse or cancel any such purchase whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your purchase is cancelled because of incorrect information. Fuse will promptly issue a credit to your credit card account in the amount of the charge.
If Fuse needs to make any changes to your purchase, we will advise you of such changes as soon as possible. If Fuse needs to make any significant changes to your purchase prior to commencement or use of any Trip, we will notify you with the details of the changes and the revised prices. At that point, you can (i) accept the changes and new prices, (ii) if available, accept a substitute that is equivalent to or greater in value (which may include additional fees) to the original Trip under your purchase, or (iii) if available, accept a substitute that is lower in value or quality to the one you purchased, or (iv) cancel your purchase for a full refund.
The Fuse website and other Fuse documents display information which is provided by third parties and, as such, we cannot check or guarantee the accuracy of such information. Many of the goods and/or services which make up your Trip are provided by third parties in accordance with their own terms and conditions which may limit or exclude such third party’s liability to you. You understand that any violation of any third party’s terms and conditions may result in cancellation of your purchased good and/or service, in your being denied access to the applicable product/services, in your forfeiting of all monies paid, and/or in our debiting your account for any costs we incur as a result of such violation. Fuse’s display of product options offered by third parties does not in any way imply, suggest, or constitute any sponsorship, recommendation, or approval of such third party or its goods or services by Fuse. You agree that Fuse is in no way responsible for the accuracy, timeliness, or completeness of information it may obtain from these third parties. You acknowledge that some third parties offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer.
YOUR INTERACTION WITH ANY THIRD PARTY ACCESSED THROUGH THE FUSE WEBSITE OR OTHERWISE IN CONNECTION WITH A FUSE OFFERING IS AT YOUR OWN RISK, AND FUSE WILL HAVE NO LIABILITY WITH RESPECT TO THE ACTS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE, GOODS, SERVICES, PERSONNEL AND/OR FACILITIES OF ANY SUCH THIRD PARTY AND FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM YOUR INTERACTIONS WITH ANY THIRD PARTY. WE ACCEPT NO RESPONSIBILITY FOR INFORMATION SUPPLIED TO US BY THIRD PARTIES AND WE RECOMMEND YOU CONFIRM ALL INFORMATION CONTAINED ON OR LINKED FROM THE FUSE WEBSITE WITH THE APPLICABLE THIRD PARTY. IF APPLICABLE, HOTEL INFORMATION PROVIDED VIA FUSE (INCLUDING, WITHOUT LIMITATION, RATINGS, PHOTOGRAPHS, LISTS OF HOTEL AMENITIES, AND DESCRIPTIONS OF PROPERTY) ARE PROVIDED BY THE RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS. THIS HOTEL INFORMATION ARE GENERAL GUIDELINES AND WE CANNOT GUARANTEE THEIR ACCURACY. THEY ARE TO BE USED AS A GENERAL GUIDE AND THE RATINGS AND INFORAMTION MAY BE AMENDED PERIODICALLY BY THE RESPECTIVE SUPPLIERS TO KEEP CURRENT. If, for any reason, any third party cancels or is otherwise unable to provide the goods and/or services that are included in a Fuse offering that you have purchased, in whole or in part, your remedy, if any, lies against that third party, and not against Fuse.
PLEASE BE AWARE THAT CERTAIN EVENTS AND/OR OFFERINGS MAY HAVE AGE LIMITS. PLEASE PAY ATTENTION TO ALL DETAILS OF THE RESPECTIVE GOOD AND/OR SERVICE YOU ARE PURCHASING, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE FOR ERRONEOUSLY PURCHASED ITEMS.
All purchases through Fuse involve a third party, and Fuse acts solely as a third-party intermediary between you and various third parties who are promoting, producing, or otherwise providing or making available the goods and/or services you purchase. Fuse provides such third-party goods and services on behalf of such third parties, which means Fuse does not actually set the prices or determine details like times and seating locations, except under certain expressly provided circumstances. Such third-party goods and/or services may be subject to a per-item convenience charge and/or a non-refundable per-order processing fee. In these cases, delivery prices, facility fees, ticketing charges, or other fees will be owed by you in connection with such goods and/or services.
For Fuse Trips and packages, pricing may change in real-time and may not be the same as when you originally booked or viewed pricing because prices tend to increase and on occasion could decrease due to ticket or hotel demand. All purchases are non-refundable, and pricing will not be adjusted or decreased to reflect changes in pricing.
Fuse does not own, operate, or control any of the suppliers that provide services for your Trip, including but not limited to Hotel Accommodations, Event Tickets, Add-Ons, or other goods or services connected with your Trip. These suppliers are solely responsible for their performance. Fuse and its owners, employees, shareholders, officers, directors, representatives, volunteers, successors, agents, and assignees are not liable for any negligence, willful act, error, omission, financial insolvency, or default of any supplier or any third party. Fuse does not have any special knowledge about its supplier’s financial condition. A supplier’s goods and services are subject to the supplier’s own terms and conditions and liability waivers, as well as local, state/provincial, and federal laws and regulations.
For us to confirm your Trip, you must provide all requested details at the time of booking, including but not limited to you and your Guests’ full names (as per government-issued identification), dates of birth, and any other information requested for the Trip.
The information required from each traveler will vary by Trip, which will be communicated during the booking process. If all requested information is not provided within 30 days of the Trip start date (or at the time of booking if purchased less than 30 days before the Trip start date), Fuse maintains the right to cancel without refunding your Trip and/or Trips purchased by you and assign the spot(s) to the next eligible traveler on the Waitlist.
Neither your Trip, nor that of any of your Guests, are finalized until (i) you provide all requested personal details as set forth in Section 7, (ii) your account and your travelers within your room’s accounts are paid in full, (iii) the room is finalized with travelers in your room that you select (which can only be done once your travelers within your rooms’ accounts are paid in full), and (iv) the Hotel Accommodations provider confirms the reservation.
You are responsible for coordinating with your selected travelers within your room for the indicated occupancy and ensuring each of these travelers finalizes their Trip by the indicated deadline. If the travelers within your room that you select fail to finalize their Trip by this deadline, your Trip will not be finalized and Fuse reserves the right to cancel your Trip without refund and release the Hotel Accommodations, Event Ticket, Add-Ons, and any other bookings back into inventory.
If one (or more) of your travelers within your room removes themselves from the Hotel Accommodations or cancels after your Trip is finalized, the remaining travelers in your room will be charged the difference in price between the actual Hotel Accommodation’s occupancy and the intended or paid-for occupancy, or the Hotel Accommodations reservation will be subject to cancellation without refund, or subject to change, including but not limited to change in rooming type and Hotel Accommodations.
We reserve the right to treat any reservation that is not fully paid in accordance with the booking and payment terms as a cancellation without refund and subject to the cancellation terms below.
If a Trip is sold out, you may be able to add yourself to a waitlist during the booking process (if available). If a spot becomes available, you will be notified by email and/or SMS/text. You will have 24 hours from when we send the email to accept the Trip and pay the deposit; otherwise, your spot on the waitlist will be forfeited and offered to the next person on the waitlist. Waitlists are not guaranteed and are available at the sole discretion of Fuse. This practice may be altered or ended at any time with or without prior notice. Neither admission to the waitlist nor the availability of a spot to you is a guarantee that you will be eligible to purchase or attend the Trip.
You have the choice to pay the Trip cost either in full at the time of booking or in installments. The installment payment schedule for the Trip cost is specific to each Trip and your time of booking and is provided on the Trip booking page. You are required to make the first payment before Fuse will review and confirm your booking request. There are no additional fees or charges for choosing an installment payment schedule. Once the initial payment is received, the purchased goods or services will be set aside and held until the final payment is made. You may pay the remaining balance at any time prior to the final payment.
Furthermore, you are required to make each additional payment (if any) in accordance with the terms and dates provided on the Trip booking page. If you fail to make a payment by the payment due date, we shall be entitled, in our sole direction and with or without prior notice, to (i) treat the missed payment as a breach of contract, (ii) cancel your reservation without refund, and (iii) impose the cancellation fees specified in this agreement. We also retain the right to assign your spot to the next eligible traveler on the Waitlist or release your Trip for resale to other travelers.
Your Trip cannot be reinstated after it has been cancelled, but Fuse may, in its sole discretion, (including but not limited to subject to availability), allow you to apply some or all amounts paid by you to another Trip or purchase, minus a $100 fee (“Credited Funds”). Credited Funds have no value other than credit against a future purchase from Fuse, and such Credited Funds may expire. Furthermore, the price of your Trip may increase based on availability of purchased goods and/or services – for example, Your original Trip included certain inclusions/hotels/tickets, but after Your Trip was cancelled and at the time you want to re-book and apply Credited Funds, the price for the same package has increased for any reason, You will be required to make the increased price difference for such package.
Fuse is not responsible for any charges levied or charged by third parties and/or financial institutions resulting from payment transactions related to the purchase of Fuse Trips or products. Those fees are your responsibility, and we will not refund or reimburse those fees.
In the event that your card payment toward a payment plan is declined, Fuse reserves the right to attempt to re-run the credit card on file for up to 5 days after the missed payment.
By booking a Trip, you agree that chargebacks are not an appropriate way to avoid our cancellation and refund policy. You further agree you will not charge back any authorized charges related to your Trip. Should you charge back any authorized charge, we will vigorously dispute the charge (including providing this agreement and any other documentation as proof that you agreed to our cancellation and refund terms). We also reserve the right to report fraudulent chargebacks to authorities. Should we successfully refute any chargeback that you initiate, you agree to reimburse us for our attorney’s fees, time, costs, and expenses in rebutting the chargeback and pay any damages we suffer from your chargeback dispute.
If you file a chargeback request/dispute but elect to reinstate your Trip thereafter (with such request for reinstatement subject to Fuse’s sole discretion and subject to availability), please be advised you will be charged a $100 reinstatement fee that must be paid at the time of reinstatement. Furthermore, Fuse may require You to pay for the Trip in full at the time of reinstatement.
UNFORTUNATELY, ON OCCASION, TRIPS ARE CANCELLED, IN WHOLE OR IN PART, RAINED OUT, POSTPONED, OR RESCHEDULED OR CERTAIN AMENITIES, ARTISTS, PERFORMERS OR OTHER PARTIES OR ASPECTS OF THE TRIP APPLICABLE TO YOUR TRANSACTION MAY BE CANCELLED OR ALTERED FOR ANY OR NO REASON. SHOULD THIS OCCUR, WE MAY ATTEMPT TO CONTACT YOU REGARDING APPLICABLE PROCEDURES, BUT ULTIMATELY FUSE SHALL NOT BE LIABLE FOR ANY SUCH CANCELLATIONS, RAIN OUTS, POSTPONEMENTS, RESCHEDULES OR ANY OTHER CHANGES TO THE TRIP IN CONNECTION WITH YOUR TRANSACTION, AND YOUR SOLE REMEDY SHALL BE WITH THE APPLICABLE THIRD PARTY.
In the event that the third party honors a refund for the Event Ticket portion of your purchase, Fuse will issue a refund to you on the original method of payment (and, if made via a payment plan, the most recent form of payment) for the Event Ticket portion of your Trip ONLY – no other portion of your Trip is eligible for a refund. To be clear, for example, if your Trip includes an Event Ticket, Hotel Accommodations, and an Add-On, and the underlying event is cancelled, regardless of when the event is cancelled (i.e., 24 hours, 10 days, 30 days, 90 days, etc. before the scheduled event date), you are only entitled to a refund of the Event Ticket portion of your Trip and will not receive a refund for the Hotel Accommodations and/or Add-On. If the Event is postponed or rescheduled, you should check with the Event producer to obtain information on the Event and whether they are eligible for a refund or transfer.
WITHOUT LIMITING THE FOREGOING, IF A THIRD PARTY GOOD AND/OR SERVICE IS CANCELLED, IN WHOLE OR IN PART, RAINED OUT, POSTPONED, OR RESCHEDULED, AND THE GOOD AND/OR SERVICE WAS PART OF A FUSE TRIP, THEN FUSE WILL MAKE REASONABLE EFFORTS TO CAUSE THE APPLICABLE THIRD PARTY TO ISSUE A REFUND FOR THE VALUE OF SUCH GOOD AND/OR SERVICE IF POSSIBLE; HOWEVER, NEITHER FUSE NOR ANY APPLICABLE THIRD PARTY WILL BE OBLIGATED TO ISSUE YOU A REFUND FOR THE AFFECTED PORTION, OR ANY OTHER ASPECT, OF YOUR TRIP.
The Trip is non-refundable – if you elect to cancel the Trip or the Trip is cancelled due to your failure (or your selected travelers within your room’s failure) to finalize your Trip as set forth in Section 8 above, or any portion of the Trip, no refund will be given for any reason or under any circumstances.
There are no exceptions to this cancellation policy, including but not limited to reasons related to weather; terrorism; civil strife or unrest; airline default; strikes; personal, family, or medical emergencies; or any other circumstances beyond our control. This means that even if you cancel because of medical issues, virus, sickness, quarantine, travel restrictions/warnings, fear of traveling, or any other reason, your booking will be subject to this cancellation and refund policy.
If you are quarantined or a supplier refuses services if you exhibit symptoms of or test positive for infectious disease, we cannot provide refunds for any unused portion of your Trip. Moreover, we will not have any liability to you nor owe you any refund or compensation for loss, damage or injury, or anything else if you are infected with an illness, disease, or sickness during your Trip, or if a third party refuses services (e.g., lodging or transport) because you show symptoms of or test positive for infectious disease or illness before, after or during your Trip. For example, we will not be liable to you if you are: infected with a virus such as a coronavirus at Hotel Accommodations that we book for you, refused service at Hotel Accommodations, or are unable to board a plane to or from your Trip for showing symptoms of a communicable illness such as a cough or fever, denied entry by a government or municipality, required to self-quarantine, or for any other reason.
Modifications to your Trip may be completed in Fuse’s sole discretion. To request a modification to your Trip, please contact Fuse at [email protected] In the event Fuse allows for such modification, you agree to pay any associated increase in price at the time of such request to modify your Trip. Prices for modifications to your Trip will be based on the current price of the alternative at the time the modification is made. In the event that the price of the Trip decreases, Fuse will not issue any refund for such difference.
Fuse reserves the right to cancel, alter or postpone a Trip at any time and with or without prior notice. Fuse will not be responsible for deposits, payments, incidental expenses, policies, or penalties for other services booked with any provider or supplier other than Fuse, such as airline tickets, separate hotel reservations, or other items (such as other travel plans or cruises).
If a Trip is cancelled due to reasons within Fuse’s control, we may, within our sole discretion, offer a refund equal to the Trip cost you actually paid, except unrecoverable costs (which may include Hotel Accommodations). If a portion of the Trip is cancelled due to reasons within Fuse’s control, Fuse may offer you a refund for ONLY monies actually paid toward the cancelled portion of your Trip (minus unrecoverable costs related to the cancelled portion of your Trip, including Hotel Accommodations). You understand these unrecoverable costs could mean your refund is a nominal amount if any. If during your Trip, a part of your Trip is cancelled for a reason within Fuse’s control, we may offer a reasonable alternative on a pro-rata basis.
Further, from the moment your Trip is booked, Fuse factors into the Trip price a fee of $200 to cover the work involved in planning, booking, and organizing your Trip. If a Trip is to be cancelled, withdrawn, altered, modified, postponed, or rescheduled, Fuse may, at their absolute discretion and regardless of their control of the situation, incorporate this fee as an unrecoverable cost.
You understand and acknowledge that, due to the unpredictable nature of your Trip, you are expected to be flexible in your travels and allow for alternatives. The itinerary provided for each Trip is representative of the types of activities that will be included and their approximate times and dates but is not a guarantee. While Fuse will do its best to operate all Trips as advertised, we may, at our sole discretion, deem it necessary to make reasonable changes to your itinerary.
We shall not be deemed to be in breach of this agreement or otherwise liable to you because of delay or failure in our performance of any obligations hereunder due to any cancellations, alterations, or modifications under this section.
The cancellation, postponement, or rescheduling of an Event Ticket is NOT considered a cancellation and/or change by Fuse. Such cancellation is not covered under this section but is instead covered by Section 14 here.
WITHOUT LIMITING ANYTHING SET FORTH HEREIN OR ANY OTHER RIGHTS OF FUSE, IF THE GOOD AND/OR SERVICE IS CONTROLLED SOLELY AND DIRECTLY BY FUSE, THEN, EXCEPT AS REQUIRED OR SUGGESTED BY THE APPLICABLE AUTHORITY OR LAW, FUSE SHALL HAVE THE SOLE AND ABSOLUTE DISCRETION IN MAKING THE FINAL DETERMINATION OF CANCELLATION, DISCONTINUATION, POSTPONEMENT, RESCHEDULING, AND/OR REFUND AVAILABILITY.
Fuse will not be deemed in breach of this agreement or otherwise liable to you because of delay or failure in performance of our or a third party’s obligations under this agreement to the extent that such delay or failure is due to any circumstance(s) beyond Fuse’s reasonable control, including without limitation acts of nature and/or God; weather conditions; flood; tempest; forceful wind; fire; earthquake; windstorm; explosion; accident; terrorist activities; electronic viruses or worms; failure of website hosting services; insurrection; war or threat of war (whether declared or undeclared); sabotage; hostilities; civil disturbance or commotion; riots; labor strike or lockout; lack of or failure of transportation facilities; lack of or failure of power facilities; requisition; sickness; quarantine; pandemic; epidemic; the spread or concern for spread of disease and/or virus that is known, unknown, or novel (including but not limited to coronavirus/COVID-19); border closing, limitation, or restriction; government intervention of any kind including those that affect domestic and/or international travel; regulation, ordinance, or requirement by any government or governmental agency having or claiming to have jurisdiction over the subject matter of this Agreement or over the parties; or any other unforeseen circumstances (all encompassed by “Force Majeure”).
If Force Majeure prevents, delays, significantly hinders, renders difficult, frustrates, or makes impossible or commercially impracticable our or our suppliers’ ability to provide the services including but not limited to your Trip, we and our suppliers may, in our complete and sole discretion, vary, delay, postpone, reschedule, alter, or cancel any itinerary, arrangement, or booking concerning the Trip, including the entire Trip itself.
In situations of civil unrest, Fuse will investigate the prevailing situation and determine, in our sole and absolute discretion, whether to proceed with the Trip.
If we are affected by Force Majeure, we, if practicable, will notify you of the nature and extent thereof.
WITHOUT LIMITING THE FOREGOING, ULTIMATELY, IN CASES OF FORCE MAJEURE, FUSE WILL MAKE REASONABLE EFFORTS TO CAUSE THE APPLICABLE THIRD PARTY TO ISSUE A REFUND FOR THE VALUE OF SUCH GOOD AND/OR SERVICE IF POSSIBLE; HOWEVER, NEITHER FUSE NOR ANY APPLICABLE THIRD PARTY WILL BE OBLIGATED TO ISSUE YOU A REFUND FOR THE AFFECTED PORTION, OR ANY OTHER ASPECT, OF YOUR TRIP. FUSE SHALL NOT BE LIABLE FOR ANY SUCH CANCELLATIONS, RAIN OUTS, POSTPONEMENTS, RESCHEDULES OR ANY OTHER CHANGES TO THE TRIP IN CONNECTION WITH YOUR TRANSACTION, AND YOUR SOLE REMEDY SHALL BE WITH THE APPLICABLE THIRD PARTY.
The transportation, accommodations, activities, entertainment, tickets, meals, and drinks provided as part of your Fuse transaction are specific to each Trip and are listed on the Trip booking page. Anything not expressly listed as included on the Trip booking is not covered by Fuse and is your financial responsibility.
Fuse may offer optional activities or supplemental charges (e.g., single room upgrade) which are specific to each Trip and departure date. Fuse will review all optional and supplemental requests and provide final approval once availability is confirmed.
You may be required to sign up for an account and select a password and username (“User ID”) to participate in our services. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select a name that you do not have the right to use or another person’s name with the intent to impersonate that person as your User ID. You may not transfer your account to anyone else without our prior express written permission. You will not share your account or password with anyone, and you must protect the security of your account and password. You are responsible for any activity associated with your account.
It is important that you carefully read all documents related to your Trip that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We are not liable for any errors or omissions if you do not notify us of such inaccuracies within 7 days of your receipt of those documents. You must sign and submit this Agreement, our release and waiver of liability and assumption of risk and indemnity agreement, and a medical statement or certification as necessary. If you fail to submit any of these documents or any other necessary documentation before departure, we reserve the right to cancel your Trip without refund and impose the cancellation fees outlined in this Agreement.
Depending on what you purchase from Fuse, you (and your guests) may be required to read and sign additional documents. You hereby agree to execute and deliver to Fuse or its designees any and all such documents consistent herewith or otherwise reasonably necessary to your purchase to be fulfilled or to effectuate the purposes of this Agreement when and as directed by Fuse or the applicable authority. In case of your refusal or failure to so execute or deliver, or cause to be so executed and delivered, any document or other instrument herein provided for within three (3) days (unless Fuse reasonably requires response in less time due to exigencies), then in such event, you hereby nominate, constitute, and appoint Fuse and Fuse shall therefore be deemed your true and lawful attorney-in-fact irrevocably to, at Fuse’s election, execute and deliver all of such documents and instruments in your name and on your behalf. If you fail or refuse to execute such documents and Fuse elects not to execute such documents on your behalf, then Fuse reserves the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from the applicable facility or event, and/or withdraw or refuse to begin applicable services or provide applicable goods.
YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE. IF YOU ARE NOT AT LEAST THIRTEEN (13) YEARS OF AGE, PLEASE DO NOT PROVIDE US WITH ANY INFORMATION ABOUT YOURSELF, DO NOT PURCHASE ANY FUSE-RELATED GOOD AND/OR SERVICE, AND DO NOT ENTER INTO ANY FUSE-RELATED TRANSACTION.
Without limiting anything set forth in this Agreement, you hereby represent and warrant that (1) you will not violate any applicable laws, ordinances, and/or regulations at or in connection with the Trip(s) and/or purchases corresponding to your transactions with Fuse, a third party, or via the Fuse website; (2) you are of sufficient legal age and authority to enter into any transaction with Fuse, the applicable third party, and/or the Fuse website, as well as to participate in the corresponding Trip, and create legal binding obligations for any liability you may incur as a result of entering into this Agreement; (3) you are an authorized user of the credit or debit card used to enter into any transaction with Fuse and/or via the Fuse website; (4) you shall at all times be in compliance with any and all terms, conditions, policies, and rules set forth by any applicable third party, (5) you have obtained any and all passports, visas, health information, and/or other permission necessary in connection with your transaction via Fuse and/or the Fuse website; and (6) you will not attempt to charge back your purchase with your bank or credit card company or any other applicable third party.
ALL THIRD PARTY AND FUSE PRODUCTS, GOODS, AND SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FUSE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY OR ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
We do not represent that any goods and/or services offered by Fuse or any third party will be suitable for you. Without limiting anything else set forth in this Agreement, you release Fuse from any claims in relation to the goods and/or services, including third party goods and/or services, are not suitable. Third parties are independent parties over which we have no control. The information and description given about the third parties and their goods and/or services are based on our inquiries and are believed to be accurate, but we cannot guarantee in respect thereof.
You acknowledge and agree that by purchasing a Fuse good and/or service and/or attending a corresponding event and/or using a corresponding third party good and/or service or other amenity, you may be engaging in activities that may involve risk of serious injury, including permanent disability and death, property loss, and severe social and economic loss. These risks include, without limitation, those caused by or in connection with: (a) the actions, inactions, or negligence of a third party, and participants, volunteers, and spectators at a corresponding event, (b) conditions of any premises or equipment used, (c) temperature and/or weather, (d) condition of other participants or guests; (e) vehicular traffic, and (f) other risks that are not known or foreseeable at this time.
LOUD MUSIC AND SPECIAL EFFECTS WARNING: Attendees of the Fuse-related or third-party Trips may be subject to extremely loud music and sounds, as well as strobe, hydro, pyrotechnic, animatronic, lighting, and/or other special effects, including, without limitation, flashing lights, rapidly changing or alternating images, the use of fog, haze, or smoke with theatrical stage lighting, laser projections, and fireworks. Women who are pregnant and/or individuals who suffer from certain health conditions, including seizures, light sensitivity, or other health conditions that could be aggravated by these special effects should consider this warning before entering or remaining on any event premises, as such special effects may cause or induce seizures, diminished or loss of hearing, and other health conditions.
ALL THIRD PARTIES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF FUSE. FUSE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FUSE HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEUERE, OR OTHER CAUSES BEYOND ITS DIRECTIONAL CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
You agree that the sole remedy for any default by Fuse arising under this agreement shall be the return of the paid Trip cost, to the extent consistent with applicable law. To the maximum extent permitted under applicable law, Fuse shall not be liable for any special, consequential, indirect, incidental, or other damages arising out of or in any way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under the statute, in equity, at law, or otherwise, even if Fuse has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.
This agreement shall inure to the benefit of and be binding upon Fuse and you and your respective heirs, legal and personal representatives, successors, and assigns, as well as any Guests or individuals to whom you provide or transfer our services.
If any provision of this agreement shall be illegal, unenforceable, or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement illegal, unenforceable, or invalid as a whole. Such an unenforceable provision will be replaced with one that is legal, valid, and enforceable and which achieves the original objectives and intent of the original provision to the maximum extent possible.
You agree that Fuse may use, re-use, link , repost, and/or reproduce any images, photos, videos, or written content (e.g., blog posts, articles) that you send to us or post online (including on social media) or which are captured by our guides, Trip leaders, and/or other travelers (whether of you individually or in a group) (all encompassed by “Content”). Fuse may utilize the Content free of charge and without your right to inspection in any medium (including but not limited to print, electronic media, or the internet) for the purpose of promoting and publicizing our travel products and services worldwide. We will strive to provide attribution, where reasonably possible, but do not guarantee such. If you do not want to grant this specific right to Fuse, you must contact us in writing before the start of your Trip and specifically state that you are opting out of this Section.
All Fuse Trips, products, bookings, reservations (including but not limited to those made online), policies, terms, and conditions are subject to the laws of the State of Nevada. You (on behalf of yourself and any Guest(s)) and all travelers submit to the exclusive jurisdiction of the state and federal courts located in Las Vegas, Nevada, United States for the resolution of any dispute under these terms and conditions or concerning Fuse.
You agree that you may not pursue any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. BY MAKING YOUR PURCHASE, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
Fuse reserves the right to update and/or alter these terms and conditions at any time with or without notice and shall post the amended terms and conditions on the Fuse website. Any such amendment shall take effect immediately upon being posted to the Fuse website or immediately upon notice to you in writing by email or mail. You are deemed to have accepted any amendments to these terms on the date they are posted to our website or when we provide notice to you in writing by email or mail, whichever occurs sooner. Your continued use of the services, participation on one of our Trips, or use of the Fuse website constitutes acceptance of any amendments that we make to these Terms. The latest terms and conditions, as amended, may be accessed at any time on Fuse’s website, and can be sent upon their written request via email to [email protected] All travelers and Fuse customers shall be deemed to have accepted any amendments to these terms and conditions on the date that is 7 days after their posting on the Fuse website.
Fuse retains the right to refuse service to any traveler or potential client at any time for any lawful reason, in its sole discretion.
Nothing contained in this Agreement will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate, or transfer your rights, if any, or obligations under this Agreement. Fuse may assign its rights and duties under this Agreement without such assignment being considered a change to the Agreement and without notice to you.
This agreement is the final, complete, and exclusive statement of the party's agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.
I have read this entire agreement and I understand that this is a legally binding contract. No other representations concerning the legal effect of this document have been made to me.
Please keep a copy for your records.
KNOWING AND VOLUNTARY EXECUTION: I have had sufficient time to read this entire agreement. I have carefully read and understand the provisions and legal consequences of this agreement, and I voluntarily agree to all its terms and conditions. I understand that I am giving up substantial rights by accepting the terms of this agreement. I acknowledge that it has been recommended that I have my attorney review this agreement before accepting it.