These Terms and Conditions (these “Terms & Conditions”) set forth the legally binding terms and conditions for your purchase of, and registration in, the multi-day education program (the “Program”) in Costa Rica, for which certain services are provided by Served S.A. (“SERVED”). By purchasing and registering for the Program, (i) you, as the purchaser (“you” or the “Purchaser”), are acknowledging, agreeing to and accepting all of these Terms & Conditions and (ii) you are entering into a binding and enforceable legal agreement with SERVED. You hereby represent and warrant that you are authorized to enter into these Terms & Conditions. Please read these Terms & Conditions carefully since, by registering for the Program with SERVED, you are signifying your acknowledgement, agreement and assent to these Terms & Conditions.
SERVED S.A. Telephone/Fax: dialing internationally 506 2695 5050 Website: earth2oprogram.com
2. SERVED S.A. NORMAL HOURS OF OPERATION (excluding major holidays): Monday-Friday (9:00 a.m. – 5:00 p.m. Central Time).
3. PAYMENTS/DEPOSIT: Full payment to SERVED S.A for the Program (the “Program Fee”) is required to finalize a reservation. Program participation will require you to purchase non-refundable airline tickets. This is the responsibility of the Purchaser and is separate from the Program Fee.
The Program Fee must be submitted in full. However, under certain circumstances and at SERVED S.A.’s sole discretion, a payment plan may be agreed between you and SERVED S.A. in which the Program Fee is to be paid in three separate payments (an Initial Deposit, a Second Payment and a Final Payment). The Second Payment is due four (4) weeks after the Initial Deposit and the Final Payment is due not later than 60 days before the first day of the Program. These dates will be specified on the invoice provided to you by SERVED S.A..
The terms and conditions set forth in the Payment Policy available on SERVED S.A.’s website are incorporated herein and you acknowledge and agree to such terms and conditions with respect to the Program.
If your payments are not received by their appropriate deadlines, SERVED S.A. reserves the right to deem such inaction as a cancellation of your reservation in the Program.
4. PROGRAM FEE INCLUDES: The Program Fee includes transportation to all Program excursions, emergency medical insurance, all meals except for 3 to 5 opportunities to explore local cuisine, hotel stays for all nights during the Program, all Program-developed adventure excursions, official educational tours, and life time membership to the SERVED S.A. Alumni Network.
5. PROGRAM FEE DOES NOT INCLUDE: The Program Fee does not include, among other items, (i) government fees, travel taxes and certain other taxes, which fees and taxes must be paid directly to the local authorities in Costa Rica, as applicable, (ii) incidentals, (iii) passport and visa fees, (iv) items of a personal nature, (v) airfare travel charges, and (vi) exit taxes out of the country.
All charges and fees that are required to be pre-paid to SERVED S.A. in addition to the Program Fee, will display as separate line items on the invoice provided to you by SERVED S.A..
6. CHANGES TO PROGRAM FEE: SERVED S.A.’s website lists the Program Fee and inclusions for the Program, which are subject to change. If the Program Fee is changed, you may cancel your reservation in the Program without penalty if SERVED S.A. receives notice in writing of your intent to cancel within seven (7) days of such change to the Program Fee. All non-refundable charges, including credit card handling fees and costs of education materials, are exempt from this policy.
7. TRAVEL DOCUMENTS: It is your responsibility to check the accuracy of your travel documents. You are responsible to ensure that your first and last name provided to SERVED S.A. on your application and at the time of registration are exactly as they appear on your valid passport.
8. PASSPORT/VISAS: Valid government-issued photo identification is required at time of check-in for all flights. A valid passport is required for travel outside the United States. Many countries require that a visitor’s passport be valid for up to six months beyond the date of return from the respective country. You are responsible for contacting the consulate of Costa Rica, as applicable, for requirements and necessary documentation (such as visas) for entry into such country. For the latest information on travel requirements, log on to the Costa Rica consulate website. If you are not a U.S. citizen, you may have different entry requirements than U.S. citizens and it is your responsibility to be informed and ensure that all your travel documents are compliant with the laws and regulations in the applicable country(ies) prior to attending the Program.
9. SPECIAL REQUESTS: SERVED S.A. will make commercially reasonable efforts to accommodate special requests and dietary needs. However, SERVED S.A. will not be held responsible for the failure of carriers, hotels, or other suppliers or third party service providers to accommodate such requests.
10. TRAVELERS REQUIRING SPECIAL ASSISTANCE: Any disability requiring special attention must be reported to SERVED S.A. at the time you make your reservation. SERVED S.A. will make commercially reasonable efforts to accommodate any special needs due to a disability you may have; however, SERVED S.A. is not responsible for denial of services by carriers, hotels, or other suppliers or third party service providers. SERVED S.A. is not responsible for providing individual assistance for walking, dining, embarking/disembarking transportation, and/or for other personal needs, and you acknowledge and agree that a qualified companion must accompany you if you require such assistance and such companion will be subject to separate and full program fees for the Program.
11. GRATUITIES: All hotel and meal gratuities are included in the Program Fee. However, gratuities for the tour director, hosts, local guides, drivers and hotel staff are not included in the Program Fee and are to be given at the discretion of the individual traveler.
12. CANCELLATION PENALTIES AND REFUNDS: Cancellation penalties will be strictly enforced. If you must cancel your reservation, the effective date of the cancellation will be the first weekday your cancellation notice is received by SERVED S.A. via fax, overnight courier or mail. Please review the terms and conditions set forth in the Payment Policy available on SERVED S.A.’s website, which are incorporated herein as set forth above.
13. ITINERARY VARIATIONS: SERVED S.A. will make commercially reasonable efforts to ensure that the Program operates as advertised. However, circumstances may arise that require changes or exceptions in certain aspects of the itinerary due to, among other things, adverse weather conditions, changes by vendors or other third party service providers, or other unforeseen circumstances. Under any such circumstances, SERVED S.A. reserves the right to make such modifications and substitute conveyances, hotels, excursions and educational visits as SERVED S.A. may deem necessary in its sole discretion.
14. PROGRAM CANCELLATIONS: SERVED S.A. reserves the right to cancel, in whole or in part, the Program for any reason and at anytime, as SERVED S.A. may deem necessary in its sole discretion. In such event, any liability by SERVED S.A. shall be limited to (i) in the case of cancellation of the whole Program, the amount of any payments made by you to SERVED S.A. up to the full amount of the Program Fee, and (ii) in the case of the cancellation of only a proportion of the Program, an amount (determined by SERVED S.A. in its sole and reasonable discretion) of the cost of such relative portion(s) of the Program cancelled.
15. PHOTOGRAPHY RELEASE: The terms and conditions set forth in the Photography Release Form provided to you by SERVED S.A. are incorporated herein and you acknowledge and agree to such terms and conditions with respect to the Program.
16. PROHIBITED ACTIVITIES: While you may make limited copies of your travel itinerary (and related travel documents) for travel or services reserved through the SERVED S.A. website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or resell any information, software, products, or services obtained from or through the SERVED S.A. website. Additionally, you agree not to:
(i) use the SERVED S.A. website or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand with SERVED S.A.;
(iii) access, monitor or copy any content or information of the SERVED S.A. website using any robot, spider, scraper or other automated means or any manual process for any purpose without SERVED S.A.’s express written permission;
(iv) violate the restrictions in any robot exclusion headers on the SERVED S.A. website or bypass or circumvent other measures employed to prevent or limit access to the SERVED S.A. website;
(v) take any action that imposes, or may impose, as determined by SERVED S.A. in its sole discretion, an unreasonable or disproportionately large load on SERVED S.A.’s infrastructure;
(vi) deep-link to any portion of the SERVED S.A. website (including, without limitation, the purchase path for any travel services) for any purpose without SERVED S.A.’s express written permission; or
(vii) “frame”, “mirror” or otherwise incorporate any part of the SERVED S.A. website into any other website without SERVED S.A.’s prior written authorization.
17. LIMITATION OF LIABILITY: IN NO EVENT SHALL SERVED S.A. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVED S.A. WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVED S.A. WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THE SERVED S.A. WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVED S.A. WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVED S.A. WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF SERVED S.A. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, SERVED S.A. is found liable for any loss or damage which arises out of or in any way connected with any of the events or circumstances described above, then the liability of SERVED S.A. will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to SERVED S.A. in connection with such transaction(s) on the SERVED S.A. website, or (b) One-Hundred Dollars (US$100.00) (or the equivalent in local currency).
The limitation of liability set forth above reflects the allocation of risk between you and SERVED S.A.. The limitations specified in this Section 17 will survive the termination of these Terms & Conditions and apply even if any limited remedy specified in these Terms & Conditions is found to have failed of its essential purpose. The limitations of liability provided herein shall inure to the benefit of SERVED S.A. and its suppliers and third party Program operators.
18. INDEMNIFICATION: You agree to fully indemnify and hold harmless SERVED S.A. and its affiliates, strategic partners (of written or verbal alliance), members, heirs, successors and assigns (each an “Indemnified Party” and collectively, the “Indemnified Parties”) from and against all actions or claims for mental and bodily injury, death, property and other damages, losses, liabilities and expenses (including reasonable attorney’s fees and costs of suit, which shall include all penalties, expenses, fees, costs, amounts paid in settlement, expert witness fees and disbursements in connection with investigating, defending or settling any such action or claim or threatened action or claim) which may be incurred, or reasonably required to be paid, by any Indemnified Party, brought by third parties as a result of:
a. your breach of these Terms & Conditions or any document referenced herein; b. your violation of any law or the rights of a third party; or c. your use of SERVED S.A.’s website.
19. RESPONSIBILITY: SERVED S.A. acts only as a sales agent for hotels, car rental companies, transfer companies, sightseeing companies and other service providers named on your ticket, other travel documents and/or your itinerary (the “Suppliers”). SERVED S.A. is not responsible for acts or omissions of the Suppliers or their failure to provide services or adhere to their own schedules. SERVED S.A. assumes no responsibility for, and shall not be liable for, any refund, personal injury, property damage (including damaged baggage), or other loss (including lost baggage), accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of the Suppliers; (2) any defect in or failure of any vehicle, craft, equipment or instrumentality owned, operated, or otherwise used or provided by the Suppliers; (3) any force majeure, including but not limited to, acts of God, war or terrorism; or (4) any wrongful or negligent acts or omissions on the part of any other party not under SERVED S.A.’s control.
SERVED S.A. has no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For information concerning possible dangers at destinations, SERVED S.A. recommends contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov. For medical information, SERVED S.A. recommends contacting the Centers for Disease Control at (877) FYI-TRIP or wwwnc.cdc.gov/travel/. You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination or other entry requirements of your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). You hereby release SERVED S.A. from all claims arising out of anything covered by this paragraph.
20. GENERAL: SERVED S.A.’s website is operated by a Costa Rican entity and these Terms & Conditions are governed by the laws of the Province of Guanacaste, Costa Rica. You hereby consent to the exclusive jurisdiction and venue of courts in Tilaran, Guanacaste, Costa Rica in all disputes arising out of or relating to the use of SERVED S.A.’s website. Use of SERVED S.A.’s website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms & Conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and SERVED S.A. as a result of these Terms & Conditions or use of SERVED S.A.’s website.
Our performance of these Terms & Conditions is subject to existing laws and legal process, and nothing contained in these Terms & Conditions limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of SERVED S.A.’s website or information provided to or gathered by SERVED S.A. with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of SERVED S.A.’s website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of these Terms & Conditions is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
These Terms & Conditions (and any other terms and conditions referenced herein), together with such other documents signed by you in relation to the Program, constitute the entire agreement between you and SERVED S.A. with respect to SERVED S.A.’s website and the subject matter therein and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and SERVED S.A. with respect to SERVED S.A.’s website and the subject matter herein. A printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SERVED S.A. collects limited amounts of personal information. This information is necessary to properly respond to user requests and interactions, and process e-commerce transactions.
SERVED S.A. respects your privacy and keeps personal information confidential. The only circumstance under which SERVED S.A. would share such information is with a partner organization in order to carry out the business of SERVED S.A. We do not sell or rent personal information.
By using SERVED S.A.’s website or any of SERVED S.A.’s affiliated extranets, or submitting content for either, you (as the user) agree to abide by the following terms and conditions. Unless otherwise specified, requirements apply to both thegreenprogramcr.com as well as SERVED S.A. extranets. If you visit or purchase at thegreenprogramcr.com, you accept these terms and conditions.
Copyrights for materials posted on thegreenprogramcr.com reside with SERVED S.A. or, when credited, other contributors. For permission to use any of this material, please contact SERVED S.A. at email@example.com
Using Posted Materials
SERVED S.A. provides materials to help students, educators and community-based organizations take part in high quality education as well as community service. You (as a user) are granted permission to download, print and use documents from thegreenprogramcr.com or SERVED S.A.’s affiliated extranet for your own personal and professional purposes so long as you do not (i) make any charge for copies of such documents provided to or used by third parties, (ii) include such documents on another website, (iii) make or distribute more than 10 copies of any such document, (iv) include such documents in any other publication whether in print, electronic or other form, or (v) otherwise republish any such document.
Printouts and other copies of any documents from thegreenprogramcr.com, including web pages, must be made and used in their entirety and not altered in any way. Materials may not be reposted, reprinted, redistributed, or used as part of any profit-making venture without express written permission from SERVED S.A..
If you have any questions or concerns regarding such permission, please contact SERVED S.A. at firstname.lastname@example.org
SERVED S.A. extranets are intended solely for specific users who have been approved by SERVED S.A.. Any registration by, use of or access to any SERVED S.A. extranet by anyone not authorized for use by SERVED S.A. is unauthorized and in violation of these Terms & Conditions. By using a SERVED S.A. extranet, you represent and warrant that you have complied with all of these Terms & Conditions and have been approved for site use by SERVED S.A..
SERVED S.A. may terminate your membership, delete your profile and any content or information that you have posted on SERVED S.A.’s website, and prohibit you from using or accessing SERVED S.A.’s website (or any portion, aspect or feature thereof) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if SERVED S.A. believes that your account was not approved by SERVED S.A..
Registration Data/Account Security
In consideration of your use of SERVED S.A.’s website, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on SERVED S.A.’s website or otherwise (the “Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data and any other information you provide to SERVED S.A., so that it remains accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Code of Conduct
You agree not to use SERVED S.A.’s website to:
● Harvest or collect email addresses or other contact information of other users from SERVED S.A.’s website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
● Use SERVED S.A.’s website in any unlawful manner or in any other manner that could damage, disable, overburden or impair SERVED S.A.’s website;
● Use automated scripts to collect information from or otherwise interact with SERVED S.A.’s website;
● Upload, post, transmit, share, store or otherwise make available any content that SERVED S.A. deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
● Upload, post, transmit, share, store or otherwise make available any photos or videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
● Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
● Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
● Upload, post, transmit, share, store or otherwise make publicly available on SERVED S.A.’s website any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
● Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
● Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
● Intimidate or harass any other person;
● Upload, post, transmit, share, store or otherwise make available content that would (i) constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or (ii) otherwise create liability or violate any local, state, national or international law;
● Use or attempt to use another person’s account, service or system without authorization from SERVED S.A., or create a false identity on SERVED S.A.’s website; or
● Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of SERVED S.A., is objectionable or which restricts or inhibits any other person from using or enjoying SERVED S.A.’s website, or which may expose SERVED S.A. or any of its users to any harm or liability of any type.
You are solely responsible for your interactions with other SERVED S.A. extranet users. We reserve the right, but have no obligation, to monitor disputes between you and other such users.
Third Party Websites and Content
SERVED S.A.’s website contains (or you may be sent through SERVED S.A.’s website) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by SERVED S.A., and SERVED S.A. is not responsible for any Third Party Sites accessed through SERVED S.A.’s website or any Third Party Applications, Software or Content posted on, available through or installed from SERVED S.A.’s website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by SERVED S.A.. If you decide to leave SERVED S.A.’s website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that these Terms & Conditions and SERVED S.A.’s other terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from SERVED S.A.’s website or relating to any applications you use or install from SERVED S.A.’s website.
SERVED S.A.’s website may be temporarily unavailable from time to time for maintenance or other reasons. SERVED S.A. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. SERVED S.A. is not responsible for any technical malfunction, failure or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, email or players, or on account of technical problems or traffic congestion on the Internet or at SERVED S.A.’s website or any other web site or combination thereof, including injury or damage to any user’s or other person’s computer, mobile phone, or other hardware or software, relating to or resulting from using or downloading materials in connection with the Internet and/or in connection with SERVED S.A.’s website.
Children Under Age 13
SERVED S.A. does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under the age of 13, please do not attempt to register on SERVED S.A.’s website or send any information about yourself to SERVED S.A., including your name, address, telephone number, or email address. No one under the age of 13 may provide any personal information to or on SERVED S.A.’s website. In the event that SERVED S.A. learns that it has collected personal information from a child under the age of 13 without verification of parental or school consent, SERVED S.A. will delete such information as quickly as possible. If you believe that SERVED S.A. might have any information from or about a child under the age of 13, please contact SERVED S.A. at email@example.com.
Children between the Ages of 13 and 18
SERVED S.A. requests that minors over the age of 13 first receive permission from their school or educational institution before sending any information about themselves to SERVED S.A. or anyone else over the Internet. SERVED S.A. holds each minor’s school responsible for obtaining parental permissions to use SERVED S.A.’s website. If you believe that a minor over the age of 13 is using SERVED S.A.’s website or extranet without their parent or educational institution’s approval, please contact SERVED S.A. at firstname.lastname@example.org.
Governing Law; Venue and Jurisdiction
By visiting or using the SERVED S.A.’s website, you agree that the laws of Costa Rica, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and SERVED S.A. or any of SERVED S.A.’s affiliates. With respect to any Excluded Claims (as defined below), you agree not to commence or file any action in connection therewith other than in Costa Rica, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction of Costa Rica
(a) Any Dispute shall be settled by arbitration in accordance with the Rules; provided, however, that this agreement to arbitrate Disputes shall not include the arbitration of any Excluded Claims.
(b) Arbitration pursuant to this Section 21 is not a waiver of and shall not impair the right of SERVED S.A. to exercise any other similar remedy under these Terms & Conditions or any other document to which you or SERVED S.A. is a party, and such exercise by SERVED S.A. shall not be deemed to be inconsistent with or a violation of the arbitration provisions of this Section 21.
(c) Any awards issued by the Arbitral Tribunal shall be final and binding on the Arbitration Parties; any orders so issued shall be binding on SERVED S.A., you and any other party to such arbitration. Judgment upon any award issued by the Arbitral Tribunal may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party to such arbitration or its assets. You hereby submit to the jurisdiction of Costa Rica for the limited purpose of enforcing this agreement to arbitrate.
(d) The seat of the arbitration shall be Tilaran Guanacaste Costa Rica.
(e) The language of the arbitration shall be SPANISH. All hearings shall be conducted in Spanish, all awards and orders shall be issued in Spanish, and all communications, pleadings and documentary evidence shall be presented in Spanish. If any documents are not in Spanish, the offering party shall provide translations thereof at its own expense.
(f) The Arbitral Tribunal shall consist of three arbitrators appointed in accordance with clause (g) below, unless, within twenty (20) days after the receipt by the respondent of the Notice of Arbitration, the parties to the arbitration shall have agreed that the Arbitral Tribunal consist of only one arbitrator, and shall have agreed on the identity of such arbitrator.
(g) If the Arbitral Tribunal is to consist of three arbitrators, you and SERVED S.A. shall nominate one arbitrator. The claimant shall nominate an arbitrator at the same time as serving the Notice of Arbitration. The respondent shall nominate an arbitrator within twenty (20) days of receipt of notice of the claimant’s nomination. If either such party fails to nominate an arbitrator within such time limits, the other party may request that the Administrator appoint the second arbitrator. The Administrator shall promptly make such appointment, and may exercise its discretion in making such appointment. The two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator of the Arbitral Tribunal. If within twenty (20) days after the appointment of the second arbitrator the two arbitrators have not agreed on the choice of the presiding arbitrator, the Administrator shall promptly appoint the presiding arbitrator using the following list-procedure, unless (x) all parties to the arbitration agree that the list-procedure should not be used or (y) the Administrator determines in its discretion that the use of the list-procedure is not appropriate for the case:
(i) At the request of one of the parties to the arbitration the Administrator shall communicate to all parties to the arbitration an identical list containing at least three names.
(ii) Within ten (10) days after the receipt of this list, each party may return the list to the Administrator after having deleted the name or names to which it objects and numbered the remaining names on the list in the order of its preference.
(iii) After the expiration of the above period of time, the Administrator shall promptly appoint the presiding arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties; provided, however, that if no approved names remain on the lists returned to it, the Administrator shall promptly appoint the presiding arbitrator in accordance with the Rules.
(iv) In making the appointment, the Administrator shall have regard to such considerations as are likely to secure the appointment of an independent and impartial arbitrator.
(h) Unless the parties to the arbitration agree otherwise, the Arbitral Tribunal shall endeavor to issue its final award within thirty (30) days from the date that the Arbitral Tribunal is constituted. Any time limit set by the Rules, the Administrator or the Arbitral Tribunal shall be extended only for extraordinary reasons (as determined in the sole discretion of the Arbitral Tribunal), unless otherwise agreed by the parties to the arbitration.
For purposes of this Section 21, the following terms shall have the following meanings:
“Administrator” means the International Centre for Dispute Resolution.
“Arbitral Tribunal” means the arbitral tribunal constituted in accordance with the Rules.
“Dispute” means any dispute, controversy or claim arising out of, relating to, or in connection with these Terms & Conditions or any other document to which you or SERVED S.A. is a party, including any dispute, controversy or claim relating to the formation, existence, validity, interpretation, enforceability, breach, performance or termination of thereof.
“Excluded Claim” means any dispute, controversy or claim (including any counterclaim, defense or set-off) against SERVED S.A. sounding in tort or other non-contractual basis for liability.
“Notice of Arbitration” means the written notice issued by a party to an arbitration to the Administrator and at the same time to the other party(ies) to the arbitration, referring a Dispute to arbitration pursuant to this Section 21.
“Rules” means the International Arbitration Rules of the American Arbitration Association in effect as of the date of the Notice of Arbitration, except as modified above or as may be modified by mutual agreement of SERVED S.A., you and any other party to such arbitration.
Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms & Conditions with the initial letter(s) capitalized will have the meaning attributed to them in these Terms & Conditions.
Updated: April 15 2014
SERVED Payment Plan and Cancellation Policies
By submitting payment to SERVED S.A. Network LLC (“SERVED S.A.”), you, as the purchaser, pay for the educational services and opportunities, cultural experiences, adventure excursions and transportation while in Costa Rica during the full term of the multi-day education program (your “Program”). In addition, the payment covers hotel night stays for the duration of the Program with full amenities, meals, and emergency medical insurance.
You are responsible for discretionary travel insurance, airfare, and optional international mobile services, and travel tax expenses, all of which are not covered by your payment to SERVED S.A.. While these items are recommended, they cannot be purchased through SERVED S.A.. However, they can be purchased through third-party providers.
Payment Plan The initial deposit (the “Initial Deposit”) of $500 (Costa Rica Program) is due on the day of Deposit (the “Initial Deposit Date”). This amount is non-refundable, and allows SERVED S.A. to book your reservations and begin the registration for your Program. The second payment (the “Second Payment”) is due on the date (the “Second Payment Deadline”) which is four (4) weeks after the Initial Deposit Date.*Note: If your Second Payment is not received by the Second Payment Deadline, you will be given a grace period of seven (7) days, during which time you will still be allowed to submit the Second Payment. If we do not receive your Second Payment by the Second Payment Deadline or within the seven (7) day grace period, you will forfeit your reservation in the Program, which will be given to another student on SERVED’s waiting list. Failure to submit the Second Payment by the Second Payment Deadline or within the seven (7) day grace period constitutes a forfeiture of your reservation in the Program as well as the full amount of the Initial Deposit. Also, you will need to reapply to attend another program organized by SERVED S.A. in the future. The final payment (the “Final Payment”) is due on the date (the “Final Payment Deadline”) which is six (6) weeks before the first day of the Program. *Note: If your Final Payment is not received by the Final Payment Deadline, you will forfeit the following:
(i) your reservation on the Program;
(ii) the full amount of your Initial Deposit; and
(iii) half (1/2) of your Second Payment.
*Note on Credit Cards: There is no credit card fee on the Initial Deposit. However, the Second Payment and Final Payment, if paid online by credit card, will be automatically charged a $25 credit card processing fee on each such payment, regardless of whether you submit one single one-time payment (rather than two separate payments) for the Second Payment and Final Payment.
Need to Cancel? Hey, We Understand
Once you have secured a reservation on the Program, SERVED S.A. starts incurring costs of reservations, accommodations, hotel fees, and more. But we understand that you have a busy schedule and sometimes emergencies do arise. So we want to help you! The following table describes cancellation time spans and refunds.
|Number of Days Prior to Program||Your Refund||Kept On Credit with SERVED S.A.|
|More than 60 days prior to Program||Second Payment & Final Payment||Initial Deposit|
|30-60 days prior to Program||Full Final Payment||Initial Deposit & Second Payment|
|0-30 days prior to Program||Half (1/2) of Final Payment||Initial Deposit, Second Payment & Half (1/2) of Final Payment|
What is “On Credit With SERVED S.A.? Any funds that are not refunded to you due to a cancellation (as described above) will be kept on credit and can be transferred to another program of your choice organized by SERVED S.A., as long as it takes place during the same season as your original Program or during the immediately succeeding season. Example: If you have to cancel your Program that is scheduled for the summer season, your credit can be applied towards another program organized by SERVED S.A. scheduled during that summer season or during the following winter season. In order to transfer your credit to another program organized by SERVED S.A., there will be a program change fee of $250.00. But there’s good news – if you notify SERVED S.A. of your desire to change to another program 60 or more days prior to the first day of your original Program, the program change fee will be waived.If you choose not to change to another program and pay the program change fee by the end of the season in which your original Program was scheduled, you will forfeit your Initial Payment, your Second Payment, and your reservation on the Program. Unfortunately, your reservation on the Program is not transferrable to another party.
Full Cancellation/Change Policy Overview
More than 60 Days prior to Start of Program
In the event of a cancellation more than 60 days prior to the first day of the Program, the Second Payment and the Final Payment (if you already submitted it) will be refunded. However, the Initial Deposit will not be refunded.
Between 30-60 Days prior to Start of Program
In the event of a cancellation between 30-60 days prior to the first day of the Program, the Final Payment (if you already submitted it) will be refunded. However, the Initial Deposit and the Second Payment will not be refunded. You will also forfeit your reservation on the Program.
Between 0-30 Days prior to Start of Program
In the event of a cancellation between 0-30 days prior to the first day of the Program, half (1/2) of the Final Payment (if you already submitted it) will be refunded. However, the Initial Deposit, the Second Payment, and half (1/2) of the Final Payment will not be refunded. You will also forfeit your reservation on the Program.
Additional Notes on Program Changes
1. A refund cannot be issued after commencement of your Program and entering Costa Rica on the date the Program commences.
2. In the unlikely event that all programs within a season do not fill up to the minimum capacity, SERVED S.A. reserves the right to consolidate two or more programs in order to provide a more fulfilling experience for all participants. In such event, you will be asked to choose one of the consolidated dates for your program.
3. Due to such possible changes to programs and schedules, it is important to contact SERVED S.A. prior to booking your flight reservations to Costa Rica. Please email your personal representative at SERVED S.A. before you book your flight reservations to ensure that the program you selected has not been consolidated.
All programs, activities, excursions, and itineraries provided during the Program are subject to change at the discretion of the in-country program operators or of SERVED S.A. with no refund option for you as a purchaser.