Agreement Between You and Abora Travel

Abora Travel, LLC, a Florida limited liability company ("Abora Travel," "we," "us," or "our"), provides personalized travel planning and booking services. The terms "you," "client," "traveler," or "guest" refer to the person making a booking with us and all members of their travel party. These Terms and Conditions, together with the terms and conditions of the applicable suppliers and any invoices, proposals, or other documents we provide, form the basis of a legally binding contract between you and Abora Travel. Please read them carefully, as they contain waivers of liability, a class action waiver, a jury trial waiver, and notice and limitation-of-claims provisions. By making any payment to Abora Travel, approving a booking, or participating in any travel arrangement booked through us, you accept these Terms and Conditions. If you do not agree, you must not book with us or make any payment. If you are booking as the lead guest of a group or family, you are responsible for sharing these Terms and Conditions with all travelers in your party and are financially responsible for the booking.

Eligibility. You represent and warrant that (a) you are at least 18 years of age and can create binding legal obligations; (b) you are legally authorized to act on behalf of, and to accept these Terms and Conditions for, every member of your travel party; and (c) all information you or members of your party provide is true, current, and accurate. A violation of these Terms and Conditions may result in cancellation of your reservation, forfeiture of amounts paid, and denial of access to the applicable travel products.

1. Seller of Travel Disclosure

Abora Travel is an independently owned and operated Dream Vacations franchise. Abora Travel operates as an authorized independent agent of Dream Vacations, a registered Florida Seller of Travel (FL ST-35829), California Seller of Travel (CST 2006278-40), and Washington Seller of Travel (UBI 601698664).

2. Agency Relationship and Limitation of Liability

Abora Travel acts as agent for disclosed travel suppliers, including airlines, cruise lines, hotels, tour operators, and other vendors. Abora Travel is not the merchant of record for any supplier service and is not responsible for the acts, errors, omissions, or failures of any supplier, including cancellations, delays, overbookings, substandard conditions, personal injury, or property damage. The client's sole remedy for a supplier failure is against the supplier directly.

TRAVELER FURTHER AGREES THAT ABORA TRAVEL SHALL NOT BE LIABLE FOR ANY INJURY TO PERSON OR PROPERTY, OR ANY OTHER LIABILITY WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, IN CONNECTION WITH THE TRAVEL PRODUCTS OR SERVICES BOOKED WITH ANY SUPPLIER THROUGH ABORA TRAVEL, OR FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, BANKRUPTCY, INSOLVENCY, OR NON-PERFORMANCE OF ANY SUPPLIER. Please review all documents, including the cancellation policies and terms and conditions of the suppliers, carefully and promptly; it is your responsibility to review all travel documentation and alert us within twenty-four (24) hours of any corrections.

3. Scope of Services

Abora Travel will provide: research, itinerary design, supplier booking, document delivery, and 24/7 support during travel. Abora Travel will not provide legal, medical, or insurance advice beyond general information. The client is responsible for obtaining valid travel documents, visas, and vaccinations.

4. Booking and Pricing

• All bookings are subject to the individual terms and conditions of the applicable supplier.
• Quoted prices are not guaranteed until a deposit is received and the booking is confirmed.
• After confirmation, supplier price increases may only be passed on to the client with the client's prior written consent.
• Currency for all pricing is USD unless otherwise stated.

Prices quoted reflect known costs at the time of issuance. After you pay your deposit and any service fees and confirm your booking, your price is fixed except for increases arising from fuel costs, airfare, transportation-related charges, local taxes or port fees, currency fluctuations, government action, or airline surcharges, which may be passed through as suppliers adjust them. After final payment, your price is locked in except as required by a supplier. We reserve the right to correct any pricing errors before your travel is confirmed.

5. Planning Fees

This fee covers: initial consultation, itinerary research, supplier communication, and document delivery. This fee is separate from, and in addition to, the cost of any flights, accommodations, cruises, tours, fees, taxes, or other supplier services booked on the client's behalf. See the separate Planning Fee Agreement for full terms.

6. Service Fees

Fee amounts, what it covers, when it is due, and whether it is refundable will be disclosed in writing before services begin. Service fees are non refundable even if the trip has not begun.

7. Payment Terms

Deposit amount and due date, and final payment due date, are provided in the trip proposal. Accepted payment methods, due dates, and currency will be confirmed in writing at booking. It is the responsibility of the client to maintain a record of these due dates and submit payment. Failure to submit payment by the stated due date may result in automatic cancellation under the applicable supplier's policy. Abora travel is not liable for losses that arise from automatic cancellation when payments are not made on time.

8. Cancellation and Change Policy

Cancellation and change terms vary by supplier and are disclosed in writing at the time of booking. Abora Travel's planning fees, where applicable, are non-refundable once research or booking work has commenced.

There is no refund for any unused portion of a booking, including where a traveler chooses not to participate, arrives late, or departs early. If a supplier makes a significant change to, or cancels, a confirmed booking, Abora Travel will inform you as soon as reasonably practicable and will help coordinate any alternative the supplier offers, but will have no further liability. Minor changes to an itinerary — such as substitution of accommodations of comparable quality, or changes to schedules, ports of call, or transportation — are not considered material and do not give rise to a right to cancel without penalty; normal cancellation fees continue to apply.

Changes to a Booking. Changes to a confirmed itinerary — including date changes, room-category or cabin-type changes, and passenger name changes after ticketing — are subject to the supplier's own change fees plus an Abora Travel administrative change fee of up to $25 per person for each changed service, and Abora Travel will advise you of the total fee before processing any change. A change may also alter the underlying cost of the service, which is separate from and in addition to the change fee: if the change results in a higher cost, you authorize Abora Travel to charge the difference to the payment method on file before the change is confirmed; if it results in a lower cost, Abora Travel will refund the difference, subject to any non-refundable portion of the original booking under the supplier's policy. Abora Travel will disclose any resulting price difference to you in writing before processing the change.

Cancellations and Non-Refundable Amounts. If you cancel, an Abora Travel administrative cancellation fee of $250 or $50 per person, whichever is greater, applies to every cancelled booking regardless of how far in advance the cancellation is made; this fee is in addition to, and does not replace or reduce, any cancellation penalty the supplier charges under its own policy, and it applies even if the supplier charges no cancellation fee of its own. These penalties are in addition to any non-refundable fees charged directly by airlines, cruise lines, hotels, or other suppliers.

Refundable vs. Non-Refundable Bookings; Supplier Terms. A refundable booking is one where the supplier's policy allows some or all of the amount paid to be returned upon cancellation according to that supplier's cancellation schedule; a non-refundable booking is one where the supplier's policy does not allow any amount paid to be returned, in whole or from a specified point onward. Unless the supplier's policy states otherwise, a non-refundable booking is also non-changeable, and a requested change may not be possible or may require cancelling the existing booking at full loss and purchasing a new one at your cost. Whether a booking is refundable or non-refundable, and the specific cancellation and change terms of the supplier(s) used for your trip (or a link to them), will be provided with your trip proposal before you pay a deposit so that you can make an informed choice.

Submitting Requests; Refund Timing. All change or cancellation requests must be submitted in writing, and the effective date of any change or cancellation is the date the written request is received. Undisputed refunds owed to you will be remitted promptly upon receipt from the applicable supplier.

9. Travel Insurance

Abora Travel strongly recommends that all clients purchase comprehensive travel insurance, including trip cancellation, medical evacuation, and travel delay coverage. Failure to purchase travel insurance is at the client's own risk. Abora Travel is not liable for losses that could have been covered by travel insurance. See the Travel Insurance Confirmation for more information.

Travel protection plans, which may include Cancel For Any Reason (CFAR) coverage, typically must be purchased within ten (10) days of initial trip payment to qualify for a pre-existing condition waiver. Some countries require proof of valid medical insurance for entry, and Abora Travel is not responsible for denied entry resulting from a traveler's failure to provide such proof. Abora Travel is not qualified to evaluate the adequacy of any coverage and makes no representation about the extent of coverage under any policy. BY DECLINING TO PURCHASE TRAVEL INSURANCE, THE TRAVELER ACKNOWLEDGES AND ASSUMES THE RISKS DESCRIBED ABOVE, AND ABORA TRAVEL WILL NOT BE LIABLE FOR ANY LOSS FOR WHICH TRAVEL PROTECTION COVERAGE WOULD OTHERWISE HAVE BEEN AVAILABLE.

10. Client Responsibilities

• Provide accurate names as they appear on the government-issued ID the client will be traveling with including, and dates of birth for all travelers.
• Review all booking confirmations immediately and report any error within 72 hours.
• Comply with all supplier rules, terms, and conditions of carriage.

Travelers are solely responsible for obtaining and maintaining all required passports, visas, entry permits, inoculations, and travel authorizations (including programs such as ETIAS and the UK ETA), and for complying with all entry, transit, and exit requirements of each destination. Many countries require that a passport be valid for at least six (6) months beyond the date of entry and contain blank pages. Minors traveling without both parents may require notarized parental or guardian consent, and non-U.S. citizens may need additional documentation. Enrollment in the U.S. Department of State's Smart Traveler Enrollment Program (STEP) at step.state.gov is recommended. Abora Travel is not liable for any loss resulting from a traveler's failure to meet documentation, health, or entry requirements.

11. Secure Flight Data

Legal name, date of birth, and gender on every airline ticket confirmation must appear exactly as shown on the traveler's government-issued identification, consistent with federal Secure Flight requirements. It is the client's responsibility to review this information immediately upon receipt and report any discrepancy.

12. Hazardous Materials Notice

Federal law forbids carrying certain hazardous materials aboard aircraft in checked or carry-on baggage, including but not limited to compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidizers, poisons, and briefcases with installed alarm devices. Consult the carrier for a complete list before packing.

13. Code-Share Disclosure

If a flight is operated under a code-share arrangement, both the operating carrier and the marketing carrier will be disclosed on the ticket confirmation. The operating carrier's rules, not the marketing carrier's, generally govern the flight.

14. Baggage Fee Notice

Baggage fees vary by carrier and are not included in Abora Travel's quoted airfare unless specifically stated. Clients should confirm current baggage fees directly with the operating carrier before departure.

15. E-Ticket Expiration

Every e-ticket document will disclose its expiration date. Clients are responsible for confirming expiration terms before rebooking or requesting a refund on any unused ticket.

16. Accommodations

Hotel and accommodation details, including property name, check-in and check-out dates, room type, and confirmation number, are provided to the client in the itinerary. Accommodations are subject to the issuing hotel's own terms and conditions. Abora Travel's after-hours emergency contact for hotel issues while traveling is 813-563-2404.

17. Other Travel Documents

Cruise boarding documents are subject to the cruise line's own terms and conditions, including its own liability limitations, incorporated by reference; clients should review the cruise line's passage contract before travel. Rail passes and tours or excursions are subject to the issuing rail carrier's or tour or excursion operator's own terms and conditions, incorporated by reference.

18. Travel Advisory Monitoring

U.S. Department of State travel advisory levels for any destination can change between booking and departure. Checking for updates before departure is the client's responsibility. Abora Travel's Before You Go materials, provided ahead of each trip, instruct the client to check the current advisory at travel.state.gov before departure, and this topic is reviewed in detail during the pre-departure meeting held approximately two weeks before travel.

High-Risk Destinations; Travel Advisories. For any trip to a destination rated Level 3 (Reconsider Travel) or Level 4 (Do Not Travel) by the U.S. Department of State, you acknowledge the advisory and its stated reasons as of the booking date. You voluntarily and knowingly assume all risks of traveling to such a destination — including crime, civil unrest, terrorism, kidnapping, wrongful detention, political instability, natural disaster, and limited or unavailable emergency medical or security response — whether or not specifically named in the current advisory. You understand that U.S. government consular assistance, evacuation, and protection may be limited, delayed, or unavailable (particularly at Level 4) and that neither Abora Travel nor its suppliers can guarantee rescue, evacuation, or government assistance. In consideration of Abora Travel booking the trip on your behalf, you (on behalf of yourself and your heirs, executors, administrators, and assigns) release, waive, and discharge Abora Travel, Dream Vacations, and their respective officers, employees, independent contractors, and agents from any and all claims, damages, or liability arising from destination or security risks, and you agree to indemnify and hold them harmless (including reasonable attorney's fees) from claims arising from your decision to travel there. You agree to be responsible for all costs of evacuation, emergency medical treatment, or security-related relocation not covered by your insurance, and, as a condition of booking such a trip, to purchase a separate evacuation and ransom insurance policy in addition to any standard travel insurance. Some suppliers in higher-risk destinations may require you to sign their own separate waiver or security-briefing acknowledgment, which does not substitute for these Terms, and both will be kept on file.

19. Force Majeure

Neither Abora Travel nor any supplier is liable for cancellation, delay, or modification caused by events beyond reasonable control, including acts of God, war, terrorism, pandemic, government travel restrictions, or supplier insolvency.

20. Accuracy and Confidentiality

Abora Travel represents that all information provided to the client is accurate and not deceptive. Abora Travel will keep all client personal and financial information confidential and will not share it with third parties except as necessary to complete the client's booking.

21. Conflict of Interest Disclosure

Abora Travel may receive commissions from travel suppliers. Commissions do not influence the recommendations made to clients. Abora Travel's professional obligation is to act in the client's best interest.

22. Complaint Resolution

Clients with complaints should contact Abora Travel at [email protected]. Abora Travel will respond substantively within 10 business days.

23. Governing Law, Dispute Resolution, and Electronic Signature

The Terms and Conditions are governed by the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising out of or relating to the Terms and Conditions shall first be submitted to mediation. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration in Hillsborough County, Florida, under the rules of the American Arbitration Association.. Electronic acceptance of these terms has the same legal effect as a handwritten signature under the Florida Electronic Signature Act (Florida section 668.50) and the federal E-SIGN Act.

24. Definition of Written Notice and Written Consent

Wherever this Agreement or any other Abora Travel document references "in writing," "written notice," or "written consent," that requirement is satisfied by email or text message sent to or from the contact information on file for the client and for Abora Travel, unless a specific document expressly requires a different form, such as a signed document or postal mail. This definition applies across Abora Travel's full suite of client-facing documents, not only to this one.

25. Acceptance of Supplier Terms and Conditions

The client acknowledges that each travel supplier used for a booking, including airlines, cruise lines, hotels, and tour operators, has its own terms and conditions, including cancellation policy, change policy, and associated fees, and that these terms govern that supplier's portion of the trip.

By approving a booking, submitting payment, or signing a credit card authorization for any trip, the client acknowledges having received and had the opportunity to review the applicable supplier's terms and conditions, including cancellation policy, change policy, and any associated fees, as provided with the trip proposal. A copy of these terms and conditions can be re-sent or requested from Abora Travel at any time.

26. Fraud in the Travel Industry

Fraud is increasingly common in the travel industry. Never wire funds related to travel without first calling us to confirm the wiring instructions by telephone. If you receive an email or text message concerning your trip that requests financial or personal information, do not respond; instead contact us immediately at [email protected] or 813-563-2404 so we can confirm whether the request is legitimate. Abora Travel is not responsible or liable for any loss arising from travel-related fraud.

27. Payment Methods and Chargebacks

Payments are processed through a secure system and may be made by major credit card or other approved method. You must provide a signed or electronic (checkbox) authorization for each transaction, which constitutes a legally binding authorization to process payment and an acknowledgment of these Terms and Conditions, including the cancellation terms. You agree not to make any improper chargeback. Before initiating any chargeback, you must first contact us at [email protected] so we may attempt to resolve your concern. Abora Travel reserves the right to dispute any improper chargeback and to recover its costs, including reasonable attorney's fees, and to cancel any reservation related to an improper chargeback. Improper chargebacks include, without limitation, those resulting from non-cancellable reservations; charges authorized by family, friends, or others with access to your card (excluding credit card fraud); a supplier's product description; force majeure; disagreement with a cancellation policy; the absence of an itemized cost breakdown; your failure to follow fraud-prevention measures; or dissatisfaction with a supplier's services or products.

28. Assumption of Risk; Release and Hold Harmless

Travel inherently involves risks, including risk of injury, illness, or death arising from, among other things, force majeure, transportation, water and other activities, criminal or terrorist acts, exposure to the elements, tainted food or water, your own or others' negligence, illness (including COVID-19 or other infectious disease), and the unavailability or inadequacy of medical care. You acknowledge that this description is not complete and that unknown or unanticipated risks may exist. In consideration of the services provided by Abora Travel, you voluntarily accept and assume all risks associated with your trip. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS ABORA TRAVEL AND ITS MEMBERS, MANAGERS, OWNERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM ANY AND ALL CLAIMS ASSOCIATED WITH THE TRIP, INCLUDING CLAIMS BASED ON THE NEGLIGENCE OF ABORA TRAVEL OR ITS REPRESENTATIVES OR OF THIRD PARTIES, AND YOU COVENANT NOT TO SUE ABORA TRAVEL FOR ANY SUCH CLAIM. THIS RELEASE BINDS YOUR HEIRS, LEGAL REPRESENTATIVES, AND ASSIGNS AND SURVIVES ANY TERMINATION OF THESE TERMS AND CONDITIONS.

Extreme, Adventure, and High-Risk Activities. Certain trips involve inherent physical risk or remote destinations — including polar expeditions, safaris, trekking, diving, and similar activities. If you participate in any such activity, you understand and voluntarily assume all risks associated with it (including risks such as extreme cold, ice-navigation and rough-sea hazards, wildlife encounters, remote or limited medical access, and demanding physical exertion), including risks arising from the negligence of Abora Travel and its associates, suppliers, guides, and operators. On behalf of yourself and your heirs, executors, administrators, and assigns, you release, waive, and discharge Abora Travel, Dream Vacations, and their respective officers, employees, independent contractors, and agents from any and all claims, damages, or liability arising from your participation, and you agree to indemnify and hold them harmless from any claims, costs, or liabilities (including reasonable attorney's fees) arising from your actions during the activity. You represent that you are in adequate physical health to participate, have disclosed all known medical conditions to your physician and obtained approval to participate, and acknowledge that Abora Travel is not responsible for determining your fitness. Because many travel insurance policies exclude or limit coverage for extreme, adventure, or high-risk activities, it is your sole responsibility to verify with your insurer before departure whether the activity is covered and to obtain additional or specialized coverage if it is not; Abora Travel makes no representation about your coverage and is not responsible for any loss, expense, or claim denial resulting from a gap in it. Some suppliers may require you to sign their own separate waiver, which does not substitute for these Terms, and both will be kept on file.

29. Indemnification

You agree to indemnify and hold harmless Abora Travel and its members, managers, owners, employees, affiliates, agents, contractors, and representatives from any losses, liabilities, damages, judgments, settlements, and costs (including reasonable attorney's fees) arising directly or indirectly from (i) your breach of these Terms and Conditions; (ii) your acts or omissions, including any damage you cause to persons or property; (iii) any force majeure or inherent risk of travel; or (iv) claims brought by third parties in connection with any of the foregoing. This section survives any termination of these Terms and Conditions.

30. Health Pre-Existing Conditions, and Travelers with Disabilities

Please advise us before booking of any disability, pre-existing medical condition, or special requirement that may affect your trip so that we can assist in assessing the suitability of the arrangements. Abora Travel will communicate accommodation requests to suppliers but cannot guarantee that Americans with Disabilities Act (ADA) accommodations will be available, particularly outside the United States; any accommodations are at the traveler's sole expense and are the supplier's responsibility to provide. If you are pregnant, please inform us before booking, as some suppliers restrict travel past certain gestational periods. Abora Travel reserves the right to request health information prior to travel and to exclude any participant it deems unfit for travel, and is not liable for losses arising from denied boarding or access due to a medical condition, pregnancy, or disability.

31. Traveler Code of Conduct

You agree to abide by Abora Travel's Traveler's Code of Conduct throughout your journey. Specifically, you agree to: respect the customs, laws, religious practices, and social norms of each destination, including dressing and behaving appropriately at religious, cultural, and residential sites and asking permission before photographing individuals, homes, or ceremonies; treat guides, drivers, crew, hotel staff, and local residents with courtesy and tip fairly in line with local custom; preserve cultural and natural heritage by following all posted rules and never removing artifacts, coral, plants, or wildlife; travel responsibly by respecting group-size, noise, and access limits and conserving resources; comply with all local, national, and international laws and all safety instructions from guides and suppliers; and carry all required travel documents, visas, and health documentation and maintain comprehensive travel insurance. You acknowledge that certain conduct addressed by the Code — including religious or cultural conduct, environmental and wildlife protection, photography restrictions, and interactions with local authorities — may be governed by local law and that violations can carry legal consequences such as fines, detention, or prosecution. You understand and agree that failure to comply with the Code, supplier policy, or local law may result in your removal from a tour, denial of service by a supplier, or termination of your itinerary without refund, and that neither Abora Travel nor its suppliers is liable for any cost, loss, or legal consequence arising from your non-compliance.

32. Photographic and Video Likeness; Feedback

You grant Abora Travel a royalty-free, perpetual, and irrevocable license to use any testimonials, reviews, photographs, or videos of the trip or of you, in any media, without further consent or compensation, solely to market our services, and you release Abora Travel and its representatives from any liability in connection with such use. If you wish to have a specific photo or video removed, you may request removal at [email protected].

33. Class Action Waiver and Limitation of Damages

YOU AGREE TO BRING CLAIMS AGAINST ABORA TRAVEL ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IN NO EVENT SHALL ABORA TRAVEL BE LIABLE FOR OTHER THAN COMPENSATORY DAMAGES, AND YOU WAIVE ANY RIGHT TO PUNITIVE DAMAGES. IN NO EVENT SHALL ABORA TRAVEL'S TOTAL LIABILITY TO YOU (OR ANY MEMBER OF YOUR TRAVELING PARTY OR THEIR HEIRS, SUCCESSORS, OR ASSIGNS), FROM ANY CAUSE OF ACTION WHETHER IN CONTRACT, TORT, INDEMNITY, EQUITY, OR OTHERWISE, EXCEED THE AMOUNTS PAID TO ABORA TRAVEL FOR ITS OWN SERVICES IN CONNECTION WITH THESE TERMS AND CONDITIONS, AND THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH BY ABORA TRAVEL.

34. Jury Waiver; Notice of Claim and Limitation Period

TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU WAIVE YOUR RIGHT TO TRIAL BY JURY. NO CLAIM WILL BE CONSIDERED, AND YOU AGREE NOT TO COMMENCE ANY ACTION AGAINST ABORA TRAVEL, UNLESS YOU FIRST PROVIDE WRITTEN NOTICE OF THE CLAIM TO ABORA TRAVEL WITHIN THIRTY (30) DAYS AFTER THE TRIP OR ITS CANCELLATION, SO THAT WE MAY ATTEMPT TO RESOLVE IT. This section supplements, and does not replace, the mediation and arbitration requirements in the Governing Law, Dispute Resolution, and Electronic Signature section above.

35. Electronic Communications

You consent to receive electronic communications from Abora Travel, and you agree that all documents, notices, disclosures, and other communications we provide to you electronically — by email or text — satisfy any legal requirement that such communications be in writing. This section supplements the Definition of Written Notice and Written Consent above.

36. Entire Agreement and Severability

These Terms and Conditions, together with the terms and conditions of our suppliers and any invoices, proposals, or other documents we provide, constitute the entire agreement between you and Abora Travel and supersede all prior or contemporaneous communications and proposals. If any provision is held unlawful, void, or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision.

37. Miscellaneous

These Terms and Conditions are written in, and all communications under them shall be in, the English language; any translation is unofficial and the English version controls. Any ambiguity shall not be construed against the drafting party. Provisions that by their nature extend beyond termination or expiration of these Terms and Conditions survive to the extent necessary for their enforcement.