Responsibility, Limitation of Liability, and Liability Release

Bradypus Tours Travel Agency is solely a travel agency and does provide the actual tours, services, accommodations, etc., associated with our client’s vacations.

Our Travel Providers, such as the carriers, hotels, vendors, tour providers, and other suppliers providing travel or other services available to the client on our website or booked directly with our company via telephone or other form of communication, are Independent Contractors and are not agents, employees, partners, or Bradypus Tours Travel Agency or any of its affiliates.

Bradypus Tours Travel Agency and/or any of its affiliates are not liable for the acts, errors, omissions, misrepresentations, warranties, breaches or negligence, financial default, or bankruptcy of any such third-party carrier, vendor, or supplier of services or for any personal injuries, death, property damage, or other damages or expenses that may result therefrom.

Bradypus Tours Travel Agency and its affiliates have no liability and will make no refund in the event that any third-party provider service results in any delay, cancellation, overbooking, strike, force majeure, or other causes beyond our direct control.

Any issues arising in connection with such third-party carriers, vendors, etc., must be addressed directly with such third-party providers in accordance with the procedures required by such third party.

To the fullest extent permitted by law, you on your behalf, or as parent or legal guardian of a minor traveler, on behalf of yourself, the minor, your heirs, legal and personal representatives, next of kin, including your spouse, successors and assigns (individually and collectively, “Releasors”), expressly RELEASE, WAIVE, FOREVER DISCHARGE AND COVENANT NOT TO SUE Bradypus Tours Travel Agency (or any of its owners, shareholders, officers, employees, directors, representatives, independent sales agents, volunteers, successors, and assigns) (individually and collectively, “Released Parties”) in either a representative or individual capacity, in law or in equity, and you shall never cause a lawsuit to be brought against any of the Released Parties for any claims, demands, rights, or causes of action whatsoever arising from or relating to any known or unknown, foreseen or unforeseen, bodily and personal injuries, deaths, property damage, or consequences thereof arising out of, relating to, or in connection with your and or the minor’s participation in the itinerary, package, and/or trip arranged through or provided by for yourself and or the minor, whether arising from the Released Parties’ negligence or otherwise.

In the event that despite the limitation set forth above, Bradypus Tours Travel Agency and/or any of its affiliates are found liable for any loss or damage which arises out of or in any way is connected with any of the occurrences described above, then the liability of Bradypus Tours Travel Agency and/or its affiliates, will in no event exceed (i) the total amount paid by the client to Bradypus Tours Travel Agency and/or its affiliates for the services contracted for or (ii) the amount of $500 USD, whichever ever amount is greater.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms are inure to the benefit of Bradypus Tours Travel Agency and/ or its affiliates.

You agree to defend and indemnify Bradypus Tours Travel Agency and/or its affiliates and any of their officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, brought by third parties as a result of:
(a) your breach of this Agreement;
(b) your violation of any law; or the rights of a third-party vendor, carrier, provider;
(c) your violation of the rights of a third-party vendor, carrier, or provider; or
(d) your violations of the rights of any other third party, including other travelers.