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).
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.
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 7 of this Agreement (including but not limited to a Guest or roommate’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 roommates) 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.
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 7 of this Agreement (including but not limited to a Guest or roommate’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 roommates) 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.
Finally, you understand that if your Trip is not finalized pursuant to Section 7 of this Agreement (including but not limited to a Guest or roommate’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 roommates) have paid to us is non-refundable.
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 6, (ii) your account and your roommates’ accounts are paid in full, (iii) the room is finalized with roommates that you select (which can only be done once your roommates’ accounts are paid in full), and (iv) the Hotel Accommodations provider confirms the reservation.
You are responsible for coordinating with your selected roommates for the indicated occupancy and ensuring each of these roommates finalizes their Trip by the indicated deadline. If the roommates 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 roommates removes themselves from the Hotel Accommodations or cancels after your Trip is finalized, the remaining roommates 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.
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.
If You wish to reinstate your Trip after it has been canceled, such reinstatement will be at Fuse’s sole discretion (subject to availability) and you will be required to pay a $100 reinstatement fee at the time of reinstatement.
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.
Furthermore, if you have Hotel Accommodations that are part of your Trip, please be advised the Hotel Accommodations provider may have its own policies or requirements which you will be responsible for at the time of check-in. For example, a Hotel Accommodations provider may require a $50 per room per night resort fee at the time of check-in or require that at least one person in each room must be at least twenty-one (21) years old.
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.
If your Trip includes an Event Ticket and the underlying event is canceled, 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 canceled, regardless of when the event is canceled (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 an Event is postponed or rescheduled, your refund or transfer eligibility will solely depend on the Event Ticket producer and/or the third party. 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. No other portion of your Trip is eligible for a refund or transfer. To be clear, for example, if your Trip includes an Event Ticket, Hotel Accommodations, and/or Add-On, and the Event producer refunds your Event Ticket or allows you to transfer your Event Ticket to a new date or a different event, you will not receive a refund for the Hotel Accommodations and/or Add-On.
The Trip is non-refundable – if you elect to cancel the Trip or the Trip is canceled due to your failure (or your selected roommates’ failure) to finalize your Trip as set forth in Section 7 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.
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 canceled due to reasons within Fuse’s control, we may 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 canceled due to reasons within Fuse’s control, Fuse may offer you a refund for ONLY monies actually paid toward the canceled portion of your Trip (minus unrecoverable costs related to the canceled 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 canceled 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 canceled, 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 11 here.
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.
If a Trip is canceled due to Force Majeure, we may offer a refund equal to the Trip cost that you actually paid, minus unrecoverable costs (which may include Hotel Accommodations costs). If only a portion of your Trip is canceled due to Force Majeure, we may offer a refund equal to this portion of the Trip cost that you actually paid, minus unrecoverable costs. You understand that these unrecoverable costs could mean you do not receive a refund of any monies actually paid by you.
The transportation, accommodations, activities, entertainment, tickets, meals, and drinks provided by Fuse 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.
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.
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.
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.
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.