Terms & Conditions
Terms & Conditions
YOUR AGREEMENT WITH SIENNA CHARLES LLC
By requesting our services and agreeing to pay an invoice sent by Sienna Charles LLC, you indicate your acceptance of these terms, which will form a contract between Sienna Charles LLC (“Company”, “Sienna Charles” “we” or “us”) and you, on behalf of yourself and all Travelers and individuals of your traveling party. These Terms will be incorporated into each request you make with Sienna Charles LLC. If you are paying an invoice on behalf of another traveler, you represent and warrant that you are an authorized agent for such traveler and have express authorization from such traveler to enter into this agreement on their behalf.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of the services or access to the website following the posting of any changes constitutes acceptance of those changes.
These terms are collectively referred to as our Agreement or the Terms.
Upon request, and subject to availability, Sienna Charles shall organize curated travel and lifestyle experiences for our customers (the "Services") based on the specifications and preferences of the customer. Sienna Charles expressly reserves the right to decline any booking requests in its sole discretion.
In order for us to properly a curate a trip, we must have complete preferences and documentation from the customer. By making a booking request or paying an invoice, customer agrees to cooperate with Sienna Charles in the planning process. Because the Services are curated to traveler’s preferences and specifications, traveler acknowledges that the traveler must complete the intake process, prior to Sienna Charles planning the trip or otherwise providing Services. Traveler shall provide traveler’s preferences and necessary documentation required by Sienna Charles to provide the Services.
Travelers, and all affiliates of Traveler, must comport themselves in a respectful, non-violent, and non-aggressive manner in all interactions particularly in all interactions with Sienna Charles, our agents, employees, contractors, service providers and guests (“Sienna Charles Associates”). Travelers are responsible for the conduct of their affiliates. Travelers and their affiliates may not abuse, verbally or otherwise, Sienna Charles Associates. Travelers who fail to comport themselves in accordance with this section are subject to termination of the Services and shall not be entitled to a refund, prorated or otherwise.
Traveler agrees to respond promptly to any reasonable requests from Sienna Charles for instructions, information or approvals required by Sienna Charles to provide the Services. Failure of Traveler to promptly confirm, approve or respond to requests from Sienna Charles may result in the loss of the reservation or booking, or increased pricing of the reservation or booking. Traveler agrees to take all steps necessary to prevent traveler-caused delays in Sienna Charles's provision of the Services.
Sienna Charles may use subcontractors to provide certain aspects of the Services. Sienna Charles will remain traveler’s point of contact at all times and will not provide the contact information of our subcontractors to our customers unless necessary for such subcontractor to perform the relevant Service.
Sienna Charles vets all of its subcontractors and service providers thoroughly, however, Sienna Charles does not control such third-parties and therefore cannot guarantee their services will be error free. In the event of an issue with a third-party service provider, Sienna Charles will use its best efforts to satisfactorily resolve the issue, however, Sienna Charles shall not be liable for any errors, omissions or acts of our third-party service providers.
Sienna Charles is unable to accommodate requests to work with third parties. When utilizing Sienna Charles’ services, Sienna Charles will be the exclusive travel agency for that specific trip.
Sienna Charles will use its best efforts to satisfy Traveler’s requests, but Sienna Charles makes no guarantee regarding the services and cannot guarantee availability at specific hotels, restaurants, events, etc. The effective date for Sienna Charles service commences only once the applicable invoice has been paid. Sienna Charles shall have no obligation to traveler until payment of the applicable invoice is received.
In the event, you request in person services, the Company shall be entitled to reimbursement, and you agree to reimburse, the Company and its employees and contractors for all travel expenses incurred in or related to the performance of the in person services, including but not limited to flight, lodging, transportation and food expenses.
Sienna Charles acknowledges that Traveler and Traveler’s affiliates (including but not limited to Traveler’s spouse, partner, children, parents, siblings, and/or friends) place a high value on protecting his/her/their privacy, both as to Traveler’s and Traveler’s affiliates’ personal and business matters, and that Traveler reasonably considers preserving privacy to be critical to Traveler’s and Traveler’s affiliates’ personal safety, well-being, and business interests. This concern for privacy extends to all information about Traveler and Traveler’s affiliates. Sienna Charles agrees to safeguard such personal information and maintain the confidentiality and privacy of such personal information.
From time to time during the Term of this Agreement, either Party (as the "Disclosing Party") may disclose or make available to the other Party (as the "Receiving Party"), non-public, proprietary, and confidential information of Disclosing Party that, if disclosed in writing or other tangible form is clearly labeled as "confidential," or if disclosed orally, is identified as confidential when disclosed and within 10 days thereafter, is summarized in writing and confirmed as confidential ("Confidential Information"); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party's breach of this Section 7; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party's possession prior to Disclosing Party's disclosure hereunder; or (d) was or is independently developed by Receiving Party without using any Confidential Information. The Receiving Party shall: (x) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (z) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's Group who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement.
If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other remedy. For purposes of this Section 7 only, Receiving Party’s Group shall mean the Receiving Party’s affiliates and its or their employees, officers, directors, shareholders, partners, Travelers, managers, agents, independent contractors, service providers, sublicensees, subcontractors, attorneys, accountants, and financial advisors.
Sienna Charles will invoice Traveler for its service fee and any bookings requested by traveler. All invoices are due upon receipt. Bookings are not confirmed until payment has been received. Failure to timely pay invoices may result in loss of the booking or increased cost of the booking.
Sienna Charles, under certain circumstances, may proceed with booking a trip prior to receiving payment for its service fee. In the event this occurs and payment is not received for the service fee prior to the commencement of the trip, the trip may be cancelled by Sienna Charles and any amounts paid by Traveler shall be forfeited.
When paying for travel, reservations or other experiences through Sienna Charles, Sienna Charles may require a deposit. All such deposits are non-refundable. The booking, reservation or other experience may be subject to other cancellation policies on a case-by-case basis. Traveler shall be responsible for understanding the relevant cancellation policy of any travel, reservation or other experience booked through Sienna Charles.
In the event you fail to make payment of any request invoice by its due date, Sienna Charles LLC will give you notice of your missed payment and if it is not paid by the deadline set forth on the notice, Sienna Charles LLC has authority to terminate the request and may suspend services. Amounts payable to us are exclusive of any tariff, duty, or tax, however designated or levied.
WARRANTIES AND DISCLAIMER
Sienna Charles warrants that it shall perform the Services: (a) In accordance with the terms and subject to the conditions set out in this Agreement. (b) Using personnel of required skill, experience and qualifications. (c) In a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services.
Sienna Charles's sole and exclusive liability and Traveler's sole and exclusive remedy for breach of this warranty shall be as follows: Sienna Charles shall use reasonable commercial efforts to promptly cure any such breach; provided, that if Sienna Charles cannot cure such breach within a reasonable time (but no more than 30 days) after Traveler's written notice of such breach, Traveler may, at its option, terminate the Agreement by serving written notice of termination. No refund, prorated or otherwise, of any Service Fees paid shall be provided. The cancellation of travel shall be subject to the third party provider’s cancellation policy.
SIENNA CHARLES MAKES NO WARRANTIES EXCEPT FOR THAT EXPLICTLY PROVIDED IN THIS SECTION. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED. EXCEPT AS PROVIDED IN THIS SECTION OR OTHERWISE REQUIRED BY APPLICABLE LAW, TRAVELER EXPRESSLY AGREES THAT THE SERVICES ARE PROVIDED AS-IS.
Sienna Charles acts as Traveler’s agent and is not related to the third parties or other suppliers of travel and concierge services provided to you in connection with our Services. Sienna Charles does not have control over and shall not be responsible for the acts or omissions of the suppliers of travel or their subcontractors or any person related to them for their failure to provide services, adhere to their own schedules, or honor their contracts. Nor will Sienna Charles be responsible for any personal or property injuries, omissions, delays, failures to make connections, re-routings, or acts of any governmental authority, or for damage and/or delay due to causes beyond Sienna Charles’ control. Each supplier has its own terms and conditions that are applicable to Traveler’s particular arrangements in addition to this Agreement and Traveler is solely responsible directly to them and assumes full and complete responsibility.
Traveler agrees at all times to indemnify and hold Sienna Charles harmless from any claim, cause of action, damages, liabilities, demands, costs and expenses, including reasonable attorney's fees, made by any third-party due to or arising out of Traveler’s use or misuse of the Services, Traveler’s breach of this Agreement, Traveler’s negligence or intentional wrongdoing, or Traveler’s violation of any law or rights of a third-party.
NON-SOLICIT AND NON-CIRCUMVENTION
Traveler shall not, without Sienna Charles’ prior written consent, directly or indirectly; (i) solicit or encourage any person to leave the employment or other service of Sienna Charles; or (ii) hire, or otherwise engage, on behalf of the Traveler or any other person or entity, any person who has left the employment within the one year period following the termination of this Agreement. Traveler will not, whether for its own account or for the account of any other person, intentionally interfere with the relationship of Sienna Charles, or endeavor to entice away from Sienna Charles, any person who during the term of this Agreement is, or during the preceding one-year period, was a subcontractor, employee, investor, service provider, joint venturer or other Traveler of Sienna Charles.
For a period of three (3) years following the termination of this Agreement, Traveler will not attempt to do business with, or otherwise solicit services from any business contacts referred to Traveler by Sienna Charles for the purpose of circumventing Sienna Charles’ Services without the specific written approval of Sienna Charles. If such circumvention shall occur Sienna Charles shall be entitled to any applicable commission if Sienna Charles has such an agreement with the service provider. The foregoing shall not apply to any person Traveler finds or is referred to independent of Sienna Charles.
FOREIGN ENTRY REQUIREMENTS AND HAZARDS
We have no control or special knowledge regarding foreign entry requirements, unsafe conditions, terrorism, health hazards, weather hazards, supplier bankruptcies, or the suitability for a disabled person of any portion of any trip. For information concerning possible dangers at destinations, we recommend going to the State Department travel website at www.travel.state.gov. For information about passports and visas, and possible dangers at your destinations, go to: https://travel.state.gov/content/travel.html, click on "Find International travel Information” then click on "Country Information", and fill in the name of the destination country. For medical and health information, we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or www.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 and your connecting points, and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination. Many countries require your passport to be valid for six months beyond the date of entry.
All intellectual property rights, including copyrights, trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") in and to all documents, work product, and other materials that are delivered to Traveler under this Agreement or prepared by or on behalf of the Sienna Charles in the course of performing the Services, including any itineraries, travel plans, and related written documentation (collectively, the "Deliverables") shall be owned by Sienna Charles. Sienna Charles hereby grants Travler a license to use all Intellectual Property Rights in the Deliverables free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free and perpetual basis to the extent necessary to enable Travler to make reasonable use of the Deliverables and the Services.
All Service Fees paid are non-refundable. Amounts paid for travel bookings shall be subject to the third party provider’s cancellation and refund policy. When paying for travel, reservations or other experiences through Sienna Charles, Sienna Charles may require a deposit. All such deposits are non-refundable. The booking, reservation or other experience may be subject to other cancellation policies on a case-by-case basis. Traveler shall be responsible for understanding the relevant cancellation policy of any travel, reservation or other experience booked through Sienna Charles.
The parties intend that Sienna Charles' no refund policy above constitutes liquidated damages, and not a penalty. The parties acknowledge and agree that the harm caused by a cancellation would be impossible or very difficult to accurately estimate at the time the services are requested, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from such cancellation.
No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of the Traveler to make payments to Sienna Charles hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, pandemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond the control of the Impacted Party.
The Impacted Party shall give notice within 10 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 30 days following written notice given by it under this Section, the other Party may thereafter terminate this Agreement upon 10 days' written notice.
This Agreement supersedes all prior proposals, discussions, and agreements and constitutes the entire Agreement between the parties relating to the services. This Agreement may be modified or supplemented only by a written document signed by an authorized representative of each party. There are no covenants, promises, agreements, conditions, or understandings, either oral or written, between the parties relating to the subject matter of this Agreement, other than as set forth herein. No representation or warranty has been made by or on behalf of a party to this Agreement or any officer, director, agent or employee thereof, to induce the other party to enter into this Agreement, except representations and warranties expressly set forth herein. The preprinted terms and conditions of any request invoice or other ordering document issued by you in connection with this Agreement which add to or conflict with the terms and conditions of this Agreement shall not be binding on Company and shall not modify this Agreement. Our services are solely limited for Travelers and their immediate family only.
In the event a dispute arises between the Parties, they will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period of time, but in no case longer than three (3) months, then any or all of the outstanding issues may be submitted to final and binding arbitration to be held in Los Angeles, California in accordance with the laws of the State of California. The arbitrator’s award will be final, and judgment may be entered upon it by any court having jurisdiction.
WAIVER OF JURY TRIAL. EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO THIS AGREEMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS OR APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
SELLER OF TRAVEL LAW
Sienna Charles LLC’s Florida Seller of Travel Number is ST37410
Our CST Number is 2143895-50