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