Terms of Use

Last Modified: January 28, 2025

1        Acceptance of the Terms of Use; Services.

1.1       These terms of use are entered into by and between You and Banyan Hospitality LLC, DBA Sol Kiss Escapes (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use” or “Terms”), govern your access to and use of solkissescapes.com, including any content, functionality and services offered on or through solkissescapes.com (the “Website”), whether as a guest or a registered user.

1.2       Please read the Terms of Use carefully before you start to use the Website and/or our Services. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.solkissescapes.com, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

1.3       We provide our customers with certain travel consulting and support services (“Services”) which may include support and/or coordination with carriers to facilitate reservations and ticketing for air, rail, rental car, ocean, or other travel arrangements for personalized domestic and/or international travel itineraries. Nothing in these Terms shall prevent you from performing for yourself or acquiring from other providers the same or similar services, nor prevent us from providing the same or similar services to other customers. By signing the Consulting Services Agreement provided to you via email, you agree to be bound by these Terms. 

1.4       The Website and/or Services are offered and available to users who are 18 years of age or older. By using the Website and/or Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website and may not use our Services.

1.5       You understand and agree that the relationship between you and Company is that of independent contractors, and nothing contained herein shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between them. Neither party shall be authorized to contract for or bind the other party in any manner whatsoever, except for the facilitation of travel bookings and ancillary services in accordance with these Terms.

1.6       It is your sole responsibility to obtain and carry a valid passport book, visa (as applicable), and all other documents required by applicable government regulations. Acceptable identification can be found at http://www.tsa.gov/. It is your responsibility to review and verify all information on your travel documents for accuracy. If you have not notified us of necessary corrections to your reservations within 24 hours of receiving your travel documents, we shall bear no liability whatsoever for any additional fees and costs you may incur in making necessary corrections. You shall not be entitled to any refunds from us if you cannot travel and get your documents corrected in time for departure. 

1.7       Travel to certain destinations may involve greater risk than others. By offering Services that involve travel to certain destinations, we do not represent or warrant that travel to such places is advisable or without risk, and shall not be liable for costs, damages, or losses that result from travel to such destinations. Your use of the Services constitutes acceptance of such events at your own risk. 

2        Changes to the Terms of Use and/or Website.

2.1       We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as such changes are binding on you.

2.2        We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

3        Accessing the Website.

3.1       We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

3.2       To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

4        Intellectual Property Rights. 

4.1       The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

4.2       These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

a)       You may store files that are automatically cached by your Web browser for display enhancement purposes.

b)      You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

4.3       You must not:

a)       Modify copies of any materials from this site.

b)      Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

c)       Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

d)      You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

e)       If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

5        Trademarks.

5.1       The Company name, the terms “Sol Kiss Escapes”, “Sol Kiss”, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

6        Prohibited Uses.

6.1       You may use the Website only for lawful purposes and in accordance with Terms of Use. You agree not to use the Website and/: 

a)       In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

b)      For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

c)       To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms of Use.

d)      To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

e)       To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

f)      To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

6.2       Additionally, you agree not to:

a)       Use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.

b)      Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

c)       Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

d)      Use any device, software or routine that interferes with the proper working of the Website.

e)       Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

f)       Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. 

g)      Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

h)      Otherwise attempt to interfere with the proper working of the Website.

7        Termination.

7.1       We have the right to:

a) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 

b)   Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

c)    Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

8        Reliance on Information Posted.

8.1       The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.

8.2       This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties. 

9        Privacy and Confidentiality.

9.1       All information we collect on this Website and through providing the Services is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

9.2  Notwithstanding anything to the contrary in these Terms or the Privacy Policy, all non-public, confidential or proprietary information of either party (“Confidential Information”), including, but not limited to, information about such party’s business affairs, products, services, methodologies, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, or otherwise learned by the Receiving Party in connection with this Agreement is confidential, solely for use in performing the Services and may not be disclosed or copied unless authorized by the Disclosing Party in writing. The Receiving Party shall 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. Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party’s breach of this Agreement; (b) is obtained by the Receiving Party on a non-confidential basis from a third-party that was not legally or contractually restricted from disclosing such information; (c) the Receiving Party establishes by documentary evidence, was in its possession prior to the Disclosing Party’s disclosure hereunder; (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party’s Confidential Information; or (e) is required to be disclosed under applicable federal, state or local law, regulation or a valid order issued by a court or governmental agency of competent jurisdiction.

10     Payment for Services; Refunds; Taxes.

 10.1  If you would like us to provide you with Services, we may be reached through       the portal on the Website. We offer an initial free consultation, after which we will issue a written memorialization outlining the next steps in the process. After you agree to retain us for the Services, we will send the Consulting Services Agreement for your signature and issue an invoice from Gifted Travel Network. Once the Consulting Services Agreement has been signed and we have received payment, we will begin providing you with the agreed upon Services. 

10.2    You understand and agree that while there is no deadline for payment on the Services, we will not begin working under any circumstances unless and until payment has been received in full. Accordingly, we bear no liability or responsibility whatsoever if your desired dates, carriers, locations, events, or other desired itinerary components become unavailable due to delays in our receipt of payment. You further agree and acknowledge that certain bookings may not be able to be changed, and you will be responsible for any additional fees charged by the carrier, hotel, or other third party. All requests for changes to a booking must be made in writing. You will not be entitled to any refund for any unused portion of travel or if you change or cancel plans after booking confirmation. 

10.3    You shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by you.

10.4    By accepting these Terms, you represent and warrant that you are not and shall not act in a fraudulent manner with respect to the any payments due under these Terms. If you, or anyone acting on your behalf, makes a fraudulent claim against us, including but not limited to claims for fraudulent chargebacks, then you shall be in material breach of this Agreement for which we are entitled to attorney’s fees and any other costs and fees associated with addressing such fraudulent actions and/or chargebacks, in addition to damages for the amount challenged. We take fraud very seriously and will defend our rights to the fullest extent allowable by applicable law, including but not limited to, filing civil actions against fraudulent actors and/or reporting fraudulent conduct to the appropriate government authorities.

11     Linking to the Website and Social Media Features.

11.1    This Website may provide certain social media features that enable you to:

a)   Link from your own or certain third-party websites to certain content on this Website.

b)   Send e-mails or other communications with certain content, or links to certain content, on this Website.

c)    Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

11.2  You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

a)     Establish a link from any website that is not owned by you.

b)    Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

c)     Link to any part of the Website other than the homepage.

d)   Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

11.3    The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use.

11.4    You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

11.5    We may disable all or any social media features and any links at any time without notice in our discretion.

12     Links from the Website.

12.1 If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13     Geographic Restrictions.

13.1   The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

14     Disclaimer of Warranties.

14.1  You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

14.2  YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR COMPANY IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

14.3 THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

15     Limitation on Liability.

15.1    By using the Website and/or Services, you understand, acknowledge, and agree that the Services contemplate reliance on third parties such as airlines, rail companies, hotel companies, car rental agencies, and other similar service providers. Accordingly, you understand and agree that we shall bear no liability whatsoever for the actions of any such third party, including but not limited to, liability for delays, booking cancellations, or refund and/or credit requests. While we may, at our option, attempt to assist you in resolving disputes with such third parties, it is your sole responsibility to resolve such disputes directly with the carriers, car agencies, hotel, or other applicable party. 

15.2    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE; OR DIRECT DAMAGES OF MORE THAN THE AGGREGATE AMOUNTS PAID OR PAYABLE TO US IN ACCORDANCE WITH THE TRAVEL CONSULTING AGREEMENT.

15.3  Neither  party shall be liable, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any provision of these Terms (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from events outside of the party’s reasonable control (“Force Majeure Events”), including but not limited to: (a) acts of God; (b) flood, fire, earthquake, pandemic, epidemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; and (h) strikes, labor stoppages or slowdowns or other industrial disturbances. The affected party shall resume performance under this Agreement as soon as reasonably practicable after the Force Majeure Event has been resolved or terminated.

16     Indemnification.

16.1    You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and/or Services, other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website, and for any claims of a third party arising out of or occurring in connection with: (a) bodily injury, death of any person, or damage to real or tangible personal property resulting from Company’s willful, fraudulent or negligent acts or omissions; or (b) Company’s gross negligence, willful misconduct, or  breach of this Terms.

17     Governing Law and Jurisdiction.

17.1    All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

18     Dispute Resolution.

18.1    Any dispute, suit, action, or controversy arising out of or relating to these Terms of Use or use of the Website, including disputes arising out of or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be resolved in final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association then in force and effect. The arbitration shall be seated in the City of Miami, in Miami-Dade County, Florida, at a location chosen by us at our sole and exclusive discretion. The arbitration shall be submitted to a single arbitrator chosen by us at our sole and exclusive discretion. Any award and/or order by the arbitrator shall be binding upon the parties and enforceable in a court of competent jurisdiction. The prevailing party shall be entitled to recover from the non-prevailing party any and all fees and costs incurred by the prevailing party in such arbitration and any subsequent enforcement actions, including attorney’s fees and costs through all arbitral, trial, and appellate levels. 

19     Limitation on Time to File Claims.

19.1    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20     Waiver and Severability.

20.1    No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

20.2    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

21     Entire Agreement.

21.1    The Terms of Use, Consulting Services Agreement, and our Privacy Policy constitute the sole and entire agreement between you and Banyan Hospitality LLC, DBA Sol Kiss Escapes with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

22     Your Comments and Concerns.

22.1 All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info@solkissescapes.com.