Third-Party Services Disclosure & Client Agreement

Effective Date: 03/26/2026

This Third-Party Services Disclosure & Client Agreement (“Agreement”) is entered into by and between XSECAPE L.L.C., including all affiliated brands, divisions, and subsidiaries (collectively, “XSECAPE,” “we,” “our,” or “us”) and the client (“Client,” “you,” or “your”) engaging our travel-related services.

1 Scope of Services

XSECAPE operates as a travel advisor, facilitator, and curator of travel experiences, including but not limited to:

  • Vacation packages
  • Hotel and resort accommodations
  • Flights and transportation
  • Tours, excursions, and activities
  • Concierge and travel-related services

All services may be fulfilled through independent Third-Party Providers.

2 Third-Party Provider Disclosure

You acknowledge and agree that:

  • XSECAPE will disclose all known Third-Party Providers involved in your travel arrangements where reasonably applicable
  • All services are provided, owned, and operated by independent Third-Party Providers
  • XSECAPE does not own, control, or operate any Third-Party Provider

3 No Warranty or Guarantee

To the fullest extent permitted by law, XSECAPE makes no representations, warranties, or guarantees, express or implied, regarding any Third-Party Provider, including:

  • Availability, pricing, or fulfillment
  • Quality, safety, or suitability
  • Accuracy of listings or promotions
  • Platform performance or reliability
All services are provided “as is” and “as available.”

4 Limitation of Liability

XSECAPE shall not be liable for any acts, errors, omissions, or failures of any Third-Party Provider, including but not limited to:

  • Cancellations, delays, or schedule changes
  • Overbookings or reservation errors
  • Service disruptions or operational failures
  • Personal injury, illness, property damage, or loss
  • Financial losses, additional costs, or inconvenience

All such matters remain the sole responsibility of the Third-Party Provider.

5 Third-Party Terms Govern

All bookings and purchases are subject to the applicable Third-Party Provider’s:

  • Terms of Service
  • Terms and Conditions
  • Terms of Sale
  • Cancellation and refund policies

By proceeding, you agree to be fully bound by those terms and conditions.

6 Role of XSECAPE

XSECAPE acts solely as a:

  • Travel advisor
  • Booking facilitator
  • Experience curator

XSECAPE is not the direct provider of travel services and cannot override Third-Party Provider policies.

7 Client Responsibility

You agree to:

  • Review all confirmations and booking details
  • Understand all fees, taxes, and restrictions
  • Comply with all Third-Party Provider terms
  • Maintain valid travel documentation

8 Marketing & Promotional Materials

XSECAPE may market or sell vacation packages, incentives, or tours. You acknowledge:

  • These are fulfilled by Third-Party Providers
  • Offers may change without notice
  • Availability and benefits are not guaranteed by XSECAPE

9 Indemnification

You agree to indemnify and hold harmless XSECAPE and its affiliates from any claims, damages, liabilities, or expenses arising from:

  • Use of any Third-Party Provider
  • Disputes with Third-Party Providers
  • Violation of applicable terms

10 Disputes with Third Parties

All disputes must be directed to the applicable Third-Party Provider. XSECAPE:

  • Is not responsible for dispute resolution
  • Has no obligation to intervene
  • Makes no guarantees regarding outcomes

11 Chargeback & Payment Dispute Policy

By purchasing services through XSECAPE, you agree:

  • Not to initiate a chargeback or payment dispute without first contacting XSECAPE for resolution
  • That chargebacks filed for services rendered or booked in good faith may constitute a breach of this Agreement

If a chargeback is initiated improperly:

  • XSECAPE reserves the right to recover all costs, including administrative fees, legal fees, and collection costs
  • Your access to XSECAPE services may be suspended or permanently terminated
  • XSECAPE may provide this Agreement and booking records as evidence to dispute the chargeback

12 Force Majeure

XSECAPE shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to:

  • Natural disasters
  • Acts of God
  • War, terrorism, or civil unrest
  • Government actions or travel restrictions
  • Pandemics or public health emergencies
  • Airline, transportation, or supplier disruptions

In such cases:

  • Third-Party Provider policies will govern refunds, credits, or rescheduling
  • XSECAPE makes no guarantee of recovery or reimbursement

13 Class Action Waiver

To the fullest extent permitted by law, you agree that:

  • Any claims or disputes against XSECAPE must be brought individually and not as part of any class, collective, or representative action
  • You waive any right to participate in a class action lawsuit or class-wide arbitration against XSECAPE

14 Governing Law

This Agreement shall be governed by the laws of the State of New Mexico, without regard to conflict of law principles.

15 Severability

If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16 Entire Agreement

This Agreement constitutes the entire understanding between you and XSECAPE regarding Third-Party services.

17 Acceptance of Terms

By engaging XSECAPE services or completing any booking, you acknowledge that you:

  • Have read and understood this Agreement
  • Agree to all terms herein
  • Accept that XSECAPE bears no liability for Third-Party Providers or their services

Client Acknowledgment

Your use of XSECAPE services constitutes your acceptance of this Agreement.