FANDERLUST — TERMS & CONDITIONS

Last updated: 23/09/2025

Entity: Fanderlust LLC, headquartered in San Francisco, California, USA (“Fanderlust,” “we,” “us,” “our”).

You/Client: the purchaser and/or traveler utilizing our services (“Client” or “you”).

1) Scope; Our Role as Intermediary

1.1 Intermediary. Fanderlust arranges and facilitates services provided by independent third-party suppliers (e.g., event organizers, venues, ticket providers, hotels, transport, guides, restaurants). We do not operate or control supplier services and are not the issuer of ticketed Events unless expressly stated.

1.2 Supplier Terms. Your purchase is also subject to the applicable supplier’s terms, conditions, codes of conduct, and policies (collectively, “Supplier Terms”). Where Supplier Terms conflict with these Terms, Supplier Terms generally govern the supplier-provided portion of the services.

1.3 Descriptive Use. References to brands, events, trademarks, or organizations are for identification only and do not imply affiliation, sponsorship, or endorsement.

2) Eligibility; Client Responsibilities

2.1 Age & Capacity. You must be at least 18 and have legal capacity to contract. Certain Events may require 21+ (e.g., alcohol-related venues).

2.2 Accuracy & Cooperation. You agree to provide accurate information, timely respond to verification requests, and cooperate with ticket delivery or check-in processes.

2.3 Conduct. Venues may enforce dress codes, arrival times, security checks, and behavioral policies. Failure to comply may result in denied entry or ejection without refund.

3) Quotes, Pricing, Fees, and Surcharges

3.1 Market-Based Pricing. Tickets/packages are priced at current market value and may exceed the face value printed on a ticket. Prices fluctuate without notice until paid in full.

3.2 Seating. Unless a specific seat is confirmed in writing, we may allocate a general area/category. Seat maps are illustrative only. We guarantee any upgrades will be equal or better than the category contracted; in the rare case of a downgrade, we will notify you to approve alternatives or an appropriate price adjustment.

3.3 Card Surcharge Disclosure. If you choose to pay by credit card, a surcharge of up to 3.8% may apply to cover processing costs. This surcharge (if applied) will be disclosed prior to finalizing payment and does not exceed our cost of acceptance. You can avoid this surcharge by using a no-fee method (e.g., bank wire).

3.4 Taxes/Charges. Advertised amounts may exclude applicable taxes, resort/venue fees, shipping, and third-party charges, which you agree to pay.

4) Deposits, Payment, and Non-Refundable Amounts

4.1 Deposit. If we accept a deposit, 50% of the total is due within 5 days of reservation.

4.2 Final Payment. The remaining balance is due 30 days before the Event date (or earlier if required by a supplier). Tickets/access are not released until full payment is received.

4.3 Reasonable Liquidated Damages. Amounts identified as non-refundable are intended to reflect a reasonable pre-estimate of our non-recoverable costs (supplier payments, time, and overhead) in line with Cal. Civ. Code §1671.

4.4 Non-Payment. If you fail to timely pay, we may cancel your order, retain any non-refundable amounts as liquidated damages, and resell inventory.

5) Changes, Cancellations, and Refunds

5.1 Client-Initiated Cancellation. Orders are firm once placed. At our sole discretion, we may accept a cancellation subject to a cancellation fee up to 35% of the total purchase price or the actual non-recoverable costs incurred (whichever is greater but capped at the total price).

5.2 Event Canceled (Not Rescheduled). If an Event is officially canceled and not rescheduled, we will (at your election) provide: (a) a refund to the extent and at the time we recover funds from suppliers, less non-recoverable costs; or (b) a store credit for the refundable portion. Store credits will not expire and are redeemable for cash when the remaining balance is under $10 (consistent with Cal. Civ. Code §1749.5).

5.3 Postponements/Rescheduling. If an Event is postponed or rescheduled, your order is typically honored for the new date in accordance with Supplier Terms. Refunds are generally not available solely due to postponement or time change unless a supplier provides one.

5.4 Partial Cancellations. If only part of a multi-component itinerary is canceled, remedies apply only to the canceled component as provided by the supplier; other components proceed as planned.

5.5 Lost/Stolen/Unredeemed. We are not responsible for lost/stolen tickets, missed check-ins, refusal to accept delivery/transfer, or your failure to follow redemption instructions; these do not entitle you to a refund.

5.6 Chargebacks. You agree not to pursue chargebacks inconsistent with these Terms. We may dispute improper chargebacks with evidence of delivery/availability.

5.7 Our Cancellations. We may cancel due to fraud screening, supplier failure, legal/regulatory issues, or force majeure. If we cancel for reasons within our control, we will issue a full refund of amounts paid to us for the affected component.

6) Custom Requests & Concierge Services

6.1 Custom Work. For bespoke experiences not generally offered, we may incur significant planning time and non-recoverable expenses. If you decline to proceed after authorizing a custom request, you agree to pay 25% of the contracted amount (or actual non-recoverable costs, if higher but capped at the total price) as reasonable liquidated damages under Cal. Civ. Code §1671.

6.2 Cure Opportunities. If both parties agree an experience did not meet the custom brief, you will provide at least two reasonable opportunities to cure/re-schedule before seeking monetary remedies, subject to supplier availability.

7) Delivery, Verification, and Check-In

7.1 Timing. Due to supplier release schedules, tickets may be delivered as late as the day before or the day of the Event.

7.2 Methods & Fees. Delivery may be physical shipment, electronic transfer, or will-call/host meet-up. Shipping/handling may range from $11–$40 depending on method.

7.3 Cooperation. You must cooperate with delivery/transfer (e.g., accept mobile transfers, present ID/credit card used, download the official app, or meet a host). Refusal/failure to cooperate or no-shows do not entitle you to a refund.

8) Client Conduct; Venue/Organizer Rules

8.1 Right to Refuse. Venues and organizers may refuse admission or remove attendees for cause (late arrival, dress code violations, intoxication, harassment, safety/security violations). Such denials do not entitle you to a refund.

8.2 Security & Safety. You agree to comply with all safety, security, and screening protocols.

9) Disclaimers; Assumption of Risk; Limitation of Liability

9.1 Supplier Control. Schedules, performers, lineups, seat configurations, and venue policies are set by suppliers and may change without notice. We are not responsible for such changes.

9.2 Assumption of Risk. Travel and attendance at Events carry inherent risks (e.g., crowding, weather, transportation delays). You voluntarily assume all ordinary risks.

9.3 No Warranties. To the maximum extent permitted by law, services are provided “as available.” We disclaim implied warranties to the extent permissible under California law.

9.4 Limitation of Liability. To the fullest extent permitted by Cal. Civ. Code §1668 and other applicable law, Fanderlust’s aggregate liability for claims arising out of or relating to your order shall not exceed the total amounts paid to Fanderlust for the specific affected component.

9.5 Carve-Outs. Nothing in these Terms limits liability for gross negligence, willful misconduct, or violations of law that cannot be disclaimed under California law.

9.6 No Consequential Damages. We are not liable for indirect, incidental, special, punitive, or consequential damages (e.g., lost profits, additional travel costs) except where prohibited by law.

10) Force Majeure

We are not liable for failure or delay due to events beyond our reasonable control, including acts of God, weather, public health emergencies, strikes, labor or supply issues, war/terrorism, civil unrest, governmental actions, venue closures, technology outages, or organizer decisions.

11) Ticketing & Resale Compliance

11.1 Compliance. Where we facilitate ticket procurement, we comply with applicable ticketing laws and venue/organizer policies. Some jurisdictions restrict resale practices.

11.2 Face Value. Our sale price may differ from the face value printed on tickets.

11.3 Anti-Fraud. We may cancel orders suspected of fraud, bulk/automated purchasing, or policy circumvention.

12) California Seller of Travel Disclosures (If Applicable)

12.1 Registration. If Fanderlust acts as a “Seller of Travel” to California consumers, we will maintain registration: California Seller of Travel (“CST”) No.: [INSERT]. Registration as a seller of travel does not constitute approval by the State of California.

12.2 Trust Account/Deposit. Client payments may be deposited in a trust account or protected by a bond consistent with Cal. Bus. & Prof. Code §17550 et seq.

12.3 TCRC Participation. If we participate in the Travel Consumer Restitution Corporation (TCRC), sales may be eligible for restitution for California residents purchasing from sellers located in California (limitations apply). Details provided upon request.

13) Privacy; Communications

13.1 Privacy Policy. Our collection and use of personal information are governed by our Privacy Policy (CCPA/CPRA compliant) referenced and incorporated herein. California residents have rights to know, delete, correct, and opt-out of targeted advertising/sale/share of personal information.

13.2 Marketing Consent. By providing contact details, you consent to transactional communications. Marketing emails are subject to opt-in/opt-out rights (CAN-SPAM). Text messages require your express consent where required; standard rates apply.

14) Dispute Resolution (Arbitration), Class Action Waiver, and Opt-Out

14.1 Good-Faith Resolution. You agree to first notify us in writing of any issue during the Event (when feasible) and allow reasonable time to cure.

14.2 Small Claims Carve-Out. Either party may bring qualifying claims in San Francisco County Small Claims Court.

14.3 Binding Arbitration (San Francisco, CA). All other disputes will be resolved by final, binding arbitration administered by JAMS or AAA under their consumer arbitration rules, seated in San Francisco, California, in English. The arbitrator may award individual relief authorized by law but no class or representative relief.

14.4 Class/Representative Waiver. Disputes are arbitrated only on an individual basis; class, collective, or representative proceedings are not permitted.

14.5 30-Day Opt-Out. You may opt out of arbitration/class waiver by sending written notice to legal@fanderlust.com within 30 days after your first acceptance of these Terms; your notice must include your name, address, and a clear statement of opt-out.

14.6 Injunctive Relief. Either party may seek temporary injunctive relief in court to preserve the status quo pending arbitration.

15) Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to Section 14, the exclusive venue for any permitted court action is the state or federal courts located in San Francisco, California, and the parties consent to personal jurisdiction there.

16) Fraud Screening; Verification

We may require identity, payment verification, or additional documentation. Failure to timely provide verification may result in cancellation without refund of non-recoverable amounts.

17) Modifications; Entire Agreement; Electronic Acceptance

17.1 Updates. We may update these Terms prospectively by posting a new effective date on our website. Material changes will be reasonably notified. Your continued purchases after the effective date constitute acceptance.

17.2 Entire Agreement. These Terms, your order confirmation, and any Supplier Terms constitute the entire agreement regarding your purchase.

17.3 Assignment. You may not assign without our consent. We may assign to an affiliate or successor.

17.4 Severability. If a provision is unenforceable, it will be modified to the minimum extent necessary; the remainder remains in effect.

17.5 No Waiver. Failure to enforce a provision is not a waiver.

17.6 Electronic Signatures. You consent to transact electronically; electronic signatures/acceptances have the same force as originals (E-SIGN Act; Cal. UETA).

18) Notices; Contact

Legal notices must be emailed to legal@fanderlust.com and sent to:

Fanderlust LLC — Legal Department
[Insert street address], San Francisco, CA [ZIP], USA

Supplier & Client Acknowledgements

- You acknowledge that suppliers control Event operations (dates/times/lineups/entry conditions) and that changes/postponements generally do not entitle you to refunds beyond what suppliers allow.

- You agree to promptly notify us of issues during the Event where feasible to allow cure. Experiencing an Event to completion without providing us a reasonable chance to cure may limit remedies where permitted by law.

- You acknowledge that refusing delivery/transfer, failing to check-in, or non-cooperation with redemption processes does not entitle you to a refund.

California-Specific Disclosures (Informational)

- Liquidated Damages: Non-refundable amounts are intended as reasonable estimates of likely loss (Cal. Civ. Code §1671).

- Gift Cards/Credits: No expiration; cash redemption under $10 (Cal. Civ. Code §1749.5).

- Privacy: California Consumer Privacy Act as amended by CPRA (Cal. Civ. Code §1798.100 et seq.).

- Seller of Travel: Cal. Bus. & Prof. Code §17550 et seq. (registration/TCRC/trust/bond where applicable).