Destination: CIM Terms and Conditions
First in Sport LLC dba Destination: CIM Terms and Conditions
Version 2.0 | Updated September 1, 2019
Products and services featured on this website are organized by First in Sport LLC dba Destination: CIM (“Destination: CIM” and/or “our”). Reservations are similarly processed by Destination: CIM. Destination: CIM reserves the right to modify or rescind these Terms and Conditions in whole, or in part at any time with or without notice. Destination: CIM’s responsibility to the Guests is to deliver the services stipulated within this agreement.
"Customer," “purchaser”, "you" or "your" means the Person who has ordered and provided payment to Destination: CIM for one or more Packages or other products and where applicable shall also be considered a Guest. If the Customer transfers any inclusions of a Package to a third party user, the Customer has the obligation to inform such user of his or her rights and responsibilities under these Terms and Conditions.
“Hospitality Packages” or “Packages” means any product comprised of a California International Marathon race registration, and one or more of the following hospitality services: hotel accommodations, ground transportation, food and beverage services, and other products or services as specified at the time of sale. Package components may be sold on a stand alone basis or bundled together, with or without race registration, at the sole discretion of Destination: CIM.
"Terms and Conditions" mean terms and conditions for purchasing the Packages and other products and using the website destinationcim.com, including all provisions set out above and available at the links contained herein, which also include other rules, policies and instructions as well as any other rules that have been brought to your attention.
Consent to Terms and Conditions
Access to and use of the services of Destination: CIM and our website is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through our offices or through our website, you, the purchaser (“Customer” and “you/your”) agree to be bound by these terms. PLEASE READ THE TERMS BEFORE USING THIS WEBSITE. These terms and conditions govern the relationship between Destination: CIM and you, the Customer. These terms restrict your rights and remedies and provide protection to Destination: CIM. These also include warranty disclaimers and liability exclusions. By using this website you acknowledge and agree (a) this is a fair balance because this website is accessible by you conveniently and at no charge to access the website; and (b) if you do not agree or do not accept these Terms and Conditions, you can choose to not use this website or Destination: CIM offices. So, if anything is in these Terms and Conditions, including warranty disclaimers and liability exclusions, that you disagree with or are not willing to be bound by, or if something is missing from these Terms and Conditions that you consider essential, then you must not use this website. IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, PLEASE DO NOT USE THIS WEBSITE OR DESTINATION: CIM’S SERVICES. No alterations to these terms and conditions may be made by any DESTINATION: CIM employee, authorized representative or agent, unless in writing by an authorized officer of DESTINATION: CIM.
Use of Destination: CIM
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to purchase from Destination: CIM by any means, including our Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your purchases (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of Destination: CIM communications by minors under your name or account. You also warrant that all information supplied by you or members of your household transacting business with Destination: CIM is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the reservations facilities provided by Destination: CIM shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.
Separate supplier terms and conditions may apply to your reservation and purchase of goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by Destination: CIM and any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your purchase, in your forfeiting any monies paid for such reservation(s) or purchase, and in Destination: CIM debiting your account for any costs Destination: CIM incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by Destination: CIM.
The purchase of Packages from Destination: CIM constitutes the Customer’s verifiable acceptance of these Terms and Conditions as well as the California International Marathon Race Rules (available at runsra.org/california-international-marathon/general-information/) and other applicable supplier rules and regulations. You will be required to accept these Terms and Conditions prior to submitting your order.
Making a Purchase
Inclusions and Pricing
When buying products or services from Destination: CIM, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using Packages and other products or services are listed on the website. We reserve the right to change our prices for Packages and other products or services displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
All purchases must be paid in full at the time of purchase with a credit/debit card unless otherwise agreed to in writing by Destination: CIM. Transactions on your bank statement will appear based on your country of residence as First in Sport LLC dba Destination: CIM. You may be asked for additional written authorization confirming the credit/debit card purchase.
Payment by wire transfer payment is available by emailing email@example.com.
Package sales will be available on a first-come, first-served based via live sales. Once the transaction is completed you will receive a Purchase Confirmation via email stating such.
The purchaser will be considered as the sole contact for Destination: CIM. It is the purchaser’s responsibility to register the user or transfer the Package no later than 30 days prior to the 2019 California International Marathon, and to keep the registrations up to date. Only Registered Guests may receive services and/or products included in the package for which they are registered.
On a case by case basis, Destination: CIM may offer Customers the ability to appoint a proxy under limited circumstances to pick up the Customers respective eligible orders. Customer may request the appointment of a proxy up to, but no later than ten (10) business days before the start of the event. If Destination: CIM grants the Customer permission to use a proxy, Destination: CIM will respond to the Customer with instructions and a proxy form which must be completed in its entirety, will be reviewed by Destination: CIM, and if approved presented at the time of order retrieval.
Air and Other Travel Arrangements to Sacramento
UNLESS SET FORTH IN WRITING, AIRLINE AND/OR OTHER RESERVATIONS FOR YOUR TRAVEL TO/FROM SACRAMENTO ARE NOT INCLUDED IN YOUR BOOKING. It is the Customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. Destination: CIM shall not assume any responsibility for any air and/or ground schedule changes.. Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights.
Destination: CIM neither controls nor warrants the issuance of visas related to applicable travel. Should a visa not be issued, Destination: CIM is not responsible for lost payments made toward the contemplated trip. Please note that USA rules regarding entry and exit change can change without notice. When travelling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification found Examples: DHS-designated enhanced driver’s license, USA Passport, a foreign government passport.
Unless otherwise noted in writing, airport transfers included in Destination: CIM packages are provided only from Sacramento International Airport to the included downtown Sacramento hotel with return.
Loyalty Program Rewards
Room nights and other package inclusions are not eligible for loyalty program rewards via Destination: CIM or direct through the underlying service or product provider.
Changes by Destination: CIM and/or Purchaser
Cancellation by the customer
Unless otherwise defined during the reservation process, final payment is due upon booking. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. You are eligible for full refund less transaction and other applicable fees up to 5 business days after the booking is made and paid for. Your right to a refund if you change or cancel your travel plans is limited. All cancellation requests must be sent to Destination: CIM in writing via info@desintationCIM.com. As a result of cancellation, Destination: CIM’s and third party supplier’s cancellation penalties will apply. Cancellation penalties are advised at time of booking and provided to you upon confirmation. If you have any questions, or any penalties are unclear, please contact Destination: CIM prior to booking. All cancellation fees will be charged to the credit/debit card you authorized to pay for travel services, or deducted from the supplier’s refund.
Cancellation by Destination: CIM
Destination: CIM reserves all rights to refuse any orders which are not complete, inaccurate, or which do not satisfy any or all of these Terms and Conditions. Destination: CIM may, in its sole discretion, refuse applications or cancel Orders submitted by anyone who resells or attempts to resell the order(s) and/or any component of an order in a manner inconsistent with these Terms & Conditions, unless previously and expressly authorized by Destination: CIM. An attempt to resell orders and/or any component of an order in a manner inconsistent with these Terms & Conditions is grounds for seizure or cancellation/invalidation of such orders without refund or other compensation.
The Customer is not authorized to transfer the California International Marathon race entry or other order components without written approval and instructions from Destination: CIM.
A Customer is expressly prohibited from reselling the California International Marathon race entry or other order components to promote itself or any third party as a reseller of components of Packages, or to use components of Packages for any promotional, sweepstakes or contest purpose that would violate the provisions of the Destination: CIM and other applicable Terms and Conditions.
PURCHASER AGREES THAT THE PACKAGE(S) MAY NOT BE RE-SOLD OR USED TO PROMOTE ANY PERSON, ENTITY, PRODUCT OR SERVICE WITHOUT PRIOR WRITTEN APPROVAL FROM DESTINATION: CIM.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Alterations in itinerary may be necessitated for any number of reasons, including but not limited to severe weather at the sole discretion of Destination: CIM and subject to supplier terms and conditions. If a property, supplier, activity, or area is deleted for any reason, it may be replaced with a comparable one.
If you decide to change any portion of your confirmed arrangements prior to departure or during your trip, we will attempt to assist you. Certain bookings may not be able to be changed. Administrative charges of $50 or more per change/per person are advised at the time of booking, provided to you upon confirmation, and depend upon circumstances of the request. All desired changes must be made in writing to Destination: CIM.
Limitations of Responsibility
Destination: CIM acts principally as a booking agent for disclosed suppliers and other independent contractors providing accommodations, transportation, and/or other services (“supplier(s)”), and is only a limited source or provider of the travel services. Each of these supplier companies is an independent entity with its own management, and is not subject to the control of Destination: CIM. Customer is advised that the suppliers whose names appear in booking documentation are those actually responsible for providing the travel services purchased, and consents to the use of those suppliers, and understands and agrees each supplier’s Terms and Conditions are contained in printed form and are set forth on their respective websites, which govern the transaction. All bookings are accepted by Destination: CIM as agent for the suppliers on your itinerary. The transportation, accommodations and other services provided by the identified suppliers are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective Web sites.
BECAUSE DESTINATION: CIM ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS, AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE DESTINATION: CIM IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. DESTINATION: CIM HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY SUPPLIER BOOKING THROUGH DESTINATION: CIM’S OFFICE OR THROUGH THIS WEB SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL INCREASES, AND OTHER MATTERS OUTSIDE OF DESTINATION: CIM’S CONTROL, AND YOU HEREBY EXONERATE DESTINATION: CIM FROM ANY LIABILITY WITH RESPECT TO THE SAME.
Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of Destination: CIM's control. Volcanic eruptions, ash clouds, and wind may be characterized as an adverse weather condition or a natural disaster by suppliers and your travel insurance company, which is beyond the control of Destination: CIM. Destination: CIM reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary, and to refuse to accept or to retain as a member of any tour any person at any time. Destination: CIM shall not assume any responsibility for any air and/or ground schedule changes.
“Force Majeure” means, in relation to Destination: CIM, any circumstances beyond the reasonable control of Destination: CIM, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).
Destination: CIM shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
Without appropriate travel insurance, Customer understands and agrees that if Customer cancels or interrupts Customer’s travel for any reason, portions of the trip/tour may not be refunded and Destination: CIM’s and travel suppliers cancellation penalties will apply resulting in the loss of monies up to the full cost of Customer’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any other product or service offered by Destination: CIM. Employees of Destination: CIM are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage.
If Destination: CIM, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by Destination: CIM to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although Destination: CIM shall use its reasonable efforts to reimburse you where possible. However, Destination: CIM shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Destination: CIM of the Force Majeure and applicable cancellation fees.
Regarding civil unrest, once Destination: CIM has investigated the prevailing situation, as it deems fit, it shall remain in Destination: CIM’s sole and absolute discretion whether to proceed with the trip. You may in such circumstances cancel the trip subject to Destination: CIM ’s and each supplier’s terms and conditions.
You agree to indemnify and hold Destination: CIM harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Destination: CIM, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Destination: CIM assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Destination: CIM. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Destination: CIM reserves the right to use any photograph/video taken at any event or during any travel activity, without the express written permission of those included within the photograph/video. Destination: CIM may use the photograph/video in publications or other media material produced, used or contracted by Destination: CIM, including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. Any person desiring not to have their photo taken or distributed must contact Destination: CIM in writing to of his/her intentions and include a photograph.
Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Preference of law and dispute resolution
The laws of the State of New York, USA, govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in the State of New York, USA, in all disputes arising out of or relating to travel bookings with Destination: CIM, including the use of the Destination: CIM Website. Use of the Destination: CIM Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Customer and Destination: CIM with respect to bookings made with Destination: CIM by any means accessing such information, including its Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Customer and Destination: CIM with respect to communications with Destination: CIM, including the Destination: CIM Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
Customer Concerns or Questions
If Customers have any concerns or questions about their Destination: CIM product purchase, Customers may email and a representative will take the appropriate action. Concerns or questions must be filed in writing no later than 30 days after the event date and should include all supporting documentation to effectively evaluate the concern or question.