Booking Terms and Conditions
We look forward to having you enjoy your vacation with us and wish to provide you with, and have you agree to, the terms and conditions for your travel.
PARTIES: Travels with Audrey (Operator), provides Pre-packaged and Personalized Escorted Tours in the following countries: France, Italy, Germany, Spain, Portugal and South America (Chile, Argentina, Peru, Bolivia). By booking a tour program with Operator (each a Tour), you (“you” also includes all persons for whom you are booking a Tour and all of you are also referred to as Guest) agree to these Terms and Conditions (Agreement) and the Liability Waiver and Release, which, along with the Guest Registration Form, make up the contract between Operator, Guest and each person participating in the Tour included on the Guest Registration Form (each such person is a Guest and subject to the terms of this Agreement). It is Guest’s and each person traveling with Guest’s responsibility to read and understand this Agreement. Guest’s completion and submission of Operator’s Guest Registration Form accompanied by the per person Tour deposit and the Liability Waiver and Release constitutes Guest’s acknowledgement, agreement and acceptance of the Agreement. All monies must be paid in U.S. Dollars. Operator reserves the right to change its travel policies without advance notice. Any change in travel policies will be effective when posted on Operator’s website at www.TravelsWithAudrey.com for all persons who have not paid in full for the Tour as of the effective date. Operator will notify Guests promptly upon any such change.
Guest’s booking will be deemed confirmed and accepted when Operator receives payment of the deposit (Initial Tour Payment), the signed Liability Waiver and Release for each person for whom Guest is making payment, the filled out and signed Guest Registration Form. The invoice will reflect the due date for payment of the balance of the Tour package price.
1. PARTICIPATION REQUIREMENTS
The pre-packaged Tours include many historic buildings and sites, many dating from antiquity. Therefore, roads, walkways, sightseeing locations and hotels may present difficulties for Guests with physical disabilities. The old towns of Europe are often a maze of hills with narrow cobblestone streets and charming squares. There is a fair amount of walking on the pre-packaged Tours. Countries outside the United States do not necessarily have laws similar to the Americans with Disabilities Act, and often do not have the accommodations you would find in the U.S. For that reason, we regret that our pre-packaged Tours cannot accommodate the use of wheelchairs or motorized scooters. Likewise, we regret that we are unable to provide individual assistance to Guests with walking difficulties or other physical or mental needs and, if such individual assistance is needed, Guest must be accompanied by an able-bodied companion who can provide such assistance. If Guest needs or has questions regarding such assistance, please contact Operator to discuss whether the pre-packaged Tour is right for Guest’s abilities.
By completing a Guest Registration Form, signing the Liability Waiver and Release form and submitting the Initial Tour Payment, Guest certifies that he/she does not have any physical condition or disability that would create a hazard for him/her or other Tour participants or other travelers. Guest certifies that he/she is in good health and is able to walk long distances on uneven or uphill or downhill terrain and is able to stand for significant periods of time. Walking is a fundamental part of the Tour. The Tours may require two to three hours of walking and standing at a time with few opportunities to rest. Guest certifies that he/she is aware of all walking and standing requirements of the Tour.
If Guest, or any member of Guest’s party, has a medical condition or disability which may affect the Tour, they must inform Operator at the time of booking so Operator can advise as to the suitability of Guest’s chosen arrangements. If Operator reasonably feels the Tour suppliers will be unable to accommodate the particular needs of the Guest, Operator reserves the right to decline the booking without liability to Operator.
A Guest under the age of 18 must be accompanied by an adult and we request that the underage Guest share a room with their related adult. Tours are designed for the mature traveler, so we regret we cannot accept children under the age of 12. However, if the entire Tour group is comprised only of related family and friends, children of any age are welcome.
Guest must provide Operator, and maintain up to and throughout the Tour, a current valid email address, cell phone number and contact information, as Operator will send information via email, including invoice, hotel information and receipts. All personal information, address, emergency contact numbers, and Guest Registration Form needs to be in Operator’s possession at the time of booking. All of Guest’s personal information are strictly confidential and will not be shared with anyone except as otherwise provided in this Agreement or in any other document that makes up the contract between Operator and Guest.
Operator’s contact information is: firstname.lastname@example.org, phone 778.402.6440 or 720.339.2364 and facsimile 720.638.0878.
3. BOOKING YOUR VACATION
Bookings can be made through Guest’s travel agent or with Operator directly (online, via phone, fax or email). For all pre-packaged tours, a deposit of 30% of the Tour price per Guest per Tour must be paid at the time of booking. There is a $500 cancellation fee per person for all cancellation requests, regardless of when the cancellation request is made. There is no cancellation fee only if the Operator cancels the entire Tour.
Customized escorted Tours require a non-refundable design fee of $700.00 for designing detailed itineraries for the Tour. Once the price of the Tour has been determined and approved, a deposit of 30% of the total Tour price (not including the design fee) will be due. All deposits are counted toward the total Tour price upon Guest approval and booking of Tour.
For all Tours, see Section 9 for the full cancellation and refund policy.
Balance of the payment is due 90 days prior to the start date of the Tour (Start Date). If the booking is made within 90 days of the Start Date, the full payment must be made at the time of booking. If Guest’s final payment fails to reach Operator by the due date specified on Guest’s invoice, Operator reserves the right to cancel Guest’s booking without refund.
If booking is made through a travel agent, Operator will address all correspondence to that travel agent.
Unless otherwise indicated, the Tour package price is based on double occupancy, i.e., rooms shared by two people. If a Guest desires not to share a room with another person participating in the Tour, single occupancy rooms are subject to availability and at an additional fee.
Operator accepts payment by check, electronic fund transfer and credit card. To the extent permitted by law, a 4% service charge will be added to all payments made by credit or debit card. An administrative fee of $30 will be charged for each check returned due to insufficient funds, and $30 will be charged for each reversed credit card transaction.
Should Guest wish to pay the balance prior to receiving the final invoice, Guest must email Operator to request an up to date balance outstanding.
4. TRAVEL DOCUMENTS/TRAVEL REQUIREMENTS
Guest should carefully read the confirmation invoice, and all other Tour documents sent to them promptly upon receipt, and contact Operator and/or their travel agent immediately to advise of any information that does not appear to be correct. While Operator will do its best to rectify any such inaccuracies brought to its attention, Operator cannot accept any liability for any incorrect information if Operator is not notified of such inaccuracy in writing sent to the address in Section 2 above within 14 days of Guest receiving documents from Operator and/or the Guest’s travel agent.
Guest is responsible for ensuring that all necessary passports, visas, vaccination certificates, and other entry requirements are obtained, valid and effective throughout the Tour dates. Operator will not make any refund or pay compensation if Guest or any member of Guest’s party is unable to proceed with the Tour as planned because of incorrect or missing travel documents. Note that some countries, in order to allow entry into their country, require that your passport not expire for up to 6 months after your anticipated travel dates.
Guest is responsible for arriving at the specified time and address for the start of the Tour on the Start Date. There are no exceptions, and there are no refunds for failure to do so.
Guest is responsible for obtaining all safety and security conditions of the Tour destinations during the length of the Tour. For information concerning possible dangers at international destinations, visit the U.S. State Department website at www.travel.state.gov. For vaccination and other medical information, visit the U.S. Center for Disease Control website at www.cdc.gov/Travel.
5. TRAVEL INSURANCE
Travel health insurance/trip cancellation-interruption insurance is strongly recommended. Regardless of the reason, cancellations result in costly charges from hotel and travel providers. Travel health insurance/trip cancellation-interruption insurance may cover any unforeseen costs Guest may incur. Operator does not sell or provide travel insurance or health insurance. Guest is responsible for identifying and obtaining appropriate travel insurance.
Operator is not responsible for any cancellations by Guest due to personal reasons, health, medical, adverse weather conditions, war, and threat of war, civil strife, terrorism, or natural disaster or any other reason. Guest is responsible for protecting his/her investment with travel insurance, covering, but not limited to: medical expenses, baggage, accident, loss or damage to property, cancellation and curtailment, personal liability and emergency.
Operator is not responsible for any expenses that Guest may incur as a result of Guest not purchasing travel insurance or the travel insurance not covering the loss at issue.
There is limited luggage capacity on many modes of transportation, and travel is much easier to navigate with less luggage. For these reasons, Guests are entitled to bring only one piece of luggage, which cannot measure more than 62 inches (158cm) (the sum of the length + width + height), including handle and wheels, and cannot weigh more than 44 pounds (20kg). In some cases, the luggage can be no bigger than 26x17x11 inches, including handle and wheels. Please check with the Operator to determine which size restrictions apply to your Tour. Guest may also bring one small tote bag, duffel bag, or backpack. If these limits are exceeded, there may not be space in the vehicle to transport the excess luggage, and Guest will be responsible for arranging, at his/her own expense, the transportation or storage of his/her excess luggage throughout the Tour. Guests must be capable of handling their own luggage. Guest is responsible for his/her luggage at all times; Operator has no responsibility for luggage or personal items, such as the loss or retrieval of any of Guest’s personal items which are lost, misplaced or stolen during the Tour.
Tour prices mentioned on our website, printed materials and advertisements reflect best pricing based on group availability with Operator’s suppliers. Tour package price quotes are based on vendor pricing (entrance fees, transportation, hotels) and currency exchange rates at the time of the quote. Site entrance tickets and train tickets are released anywhere from 2 months to 2 weeks before tour start and those prices could be subject to change. For in country flights on a Tour, they are priced separately from the Tour package and payment is due at 90 days before Tour start.
Due to fluctuations in the U.S./Euro currency exchange rates, Operator ONLY guarantees Tour prices (whether pre-packaged or personalized) will not increase once Operator has received Guest’s completed Tour Guest Registration Form, full payment for the Tour and signed Liability Waiver and Release. Otherwise, prices are subject to change without notice. Once the full payment for the Tour has been paid, the price is locked, regardless of any fluctuation in currency exchange rates that occur after full payment has been made. We will adjust the price of a Tour only if the currency exchange rate between the U.S. dollar and the Euro (or such other currency as may be applicable) increases by 5% or more measured from (a) the time the Tour reservation is made to (b) the time full payment for the Tour is made (and does not include any fluctuations in between these two events). Any variations in price that may increase your balance will be communicated by email.
If there is an increase in cost as a result of a fluctuation in the currency exchange rate, Operator reserves the right to alter Tour itineraries in order to maintain advertised Tour prices. In this event, Guest will have the option of remaining with the original Tour (with the altered itinerary), obtaining a refund or selecting an alternate Tour.
There may be additional fees that fall outside of the Tour package prices, such as additional fuel charges, security and baggage surcharges and fees charged by airlines, hotels or other service providers, and government entry and exit fees.
Deposits and payments made to Operator for tour guides, transportation, entrance tickets, reservation fees, day tours, shore excursions, museum tours, booking fees and other customized activities are non-refundable. Costs of museum tickets and entrance fees to all sites when purchased in advance are non-refundable
8. EXPENSES NOT INCLUDED/INCLUDED FROM TOUR PRICE
The following are NOT INCLUDED in the price of the pre-packaged Tour: transportation (airfare, train, bus, or other means) to and from the country where the Tour begins and ends and transportation to the specific Tour group pick-up or drop-off location at which the Tour begins or ends, telephone calls, personal items, laundry, individual purchases, taxi fare, forwarding of luggage, loss of luggage, medical expenses, travel insurance, items of a personal nature, optional excursions, any meals not specified as included meals in the Tour itinerary, room service, mini bar consumption, visa fees if required, special arrangements not specified on the Tour itinerary, airport taxes, alcoholic and non-alcoholic beverages unless specified in the Tour itinerary, wine beyond the limited amount provided, if applicable, for the Tour meal, extra meals or snacks, cocktails, or personally ordered wines, even if consumed instead of provisions provided during the Tour, gratuities to Tour guide(s)/leader(s)s of Guest’s specified Tour, any other costs not specified in the final Tour itinerary or elsewhere in writing. Guest is responsible for all of the above and the cost of any charges he/she makes outside the Tour and Tour provisions. Guest is responsible for his/her transportation costs incurred to and from the Tour hotel unless specified as included in the Tour package, or in the event that Guest is unable to participate in the group pick-up on the Tour Start Date and/or group drop-off on the Tour conclusion day (End Date). Additionally, the cost of the Tour does not include any expenses related to any unforeseen travel conditions, weather conditions, transportation delays, strikes and acts of terrorism.
The following are INCLUDED in the price of the pre-packaged Tour: professional Tour manager/driver, local guides, hotel accommodations as designated by Operator during the Tour, entry fees to historic sites and monuments specified as included in the finalized Tour itinerary price, fees for interactive excursions during the Tour as specified in the finalized Tour itinerary price, such as, cooking classes, winery tours and wine/gastronomic tastings, some beverages during meals provided on the Tour as specified in the finalized Tour itinerary and designated by the Operator, daily breakfast, gratuities to service personnel at restaurants designated in the finalized Tour itinerary and at the hotel, meals as specified in the finalized Tour itinerary, private ground transportation during the Tour.
9. GUEST CANCELLATION & REFUND POLICY
Guest must cancel a Tour booking in writing sent to Operator at the address set forth in Section 2 above. Any oral message or notice sent to an address other than the above will not constitute notice of cancellation. Only those persons identified by name in the cancellation notice will be cancelled.
Guest shall be subject to the following cancellation fee schedule:
For all Tours, the amount of the refund and cancellation fees depends on when Operator receives (and acknowledges) written notice of cancellation:
Cancellation fees apply regardless of the reason for a cancellation. Operator may, in its discretion, remove a Guest from a Tour if the Guest has not paid the total Tour price for that Guest no later than 75 days before the Tour Start Date.
The cancellation date is the date Operator acknowledges receipt of Guest’s written cancellation notice at the email address or facsimile number set forth above, and Guest receives automatically generated confirmation of transmission of the email or fax, or 24 hours after the cancellation notice is sent, whichever is earlier. In both cases, the notice must be sent to the correct email address or facsimile number in order to be effective.
These cancellation fees and refunds apply only to the Tour package price, and do not include air fare or any other costs not purchased through Operator. Refunds for anything not purchased through Operator are governed by the supplier of such products and services.
Alternative to Cancellation.
As an alternative to cancellation, Guest may transfer the deposit from one Tour to another without penalty as long as Guest does so at least 120 days before the Start Date of the original Tour. In all other cases, the refunds and cancellation charges set forth in this Section 9 shall apply. When transferring to a different Tour or Tour date, if the Tour package costs more than Guest’s original Tour package, Guest must pay the price difference. Only one transfer per Guest will be allowed. Any additional desired transfers will be treated as a cancellation subject to the refund and cancellation fees set forth above and the purchase of a new Tour.
10. OPERATOR SUBSTITUTION OR CANCELLATION
Every effort will be made to operate all Tour Packages as advertised/designed, but it must be remembered that Operator’s Tours are planned up to twelve months in advance. Traveling in foreign countries is full of surprises, and flexibility is a key factor to enjoying any small group travel experience to its fullest. While every effort has been made to plan a Tour that will run smoothly, it is always possible that weather, strikes, traffic, traffic accidents, mechanical problems, restoration, local/national holidays, special events or other factors beyond Operator’s control will make it necessary to alter the planned itinerary. Additionally, Operator uses independent suppliers such as hotels etc., over whom Operator has no control. Due to circumstances beyond its control, Operator may change the accommodations, visits and itinerary without notice. Operator will attempt to keep changes to a minimum and to maintain the same level of quality of the Tour. No refunds will be given for any changes to accommodations, visits or itinerary that are necessitated by events beyond the control of Operator.
Operator may cancel any Tour at any time before departure for any reason including, but not limited to, if Operator determines the number of Guests signed up for a given Tour is insufficient to operate the Tour.
Operator shall attempt to notify Guest of the cancellation of a Tour for which Guest has paid a deposit as soon as possible after Operator’s final decision to cancel such Tour. If Operator cancels a Tour before the Tour Start Date, Operator’s liability is limited to a full refund of the affected Guest’s Tour deposits and Operator will not be liable for any other costs, damages, or refunds of any kind for any reason including, but not limited to, any loss, delay, inconvenience, disappointment, or expense whatsoever in such circumstances. In no event will Operator be responsible for any loss Guest incurred on account of non-refundable or non-transferable air fare tickets or any other travel reservations not made through Operator.
If Guest encounters any problem during the delivery of a Tour, Guest is responsible for bringing the problem to the Tour manager’s attention immediately in order to give the Tour manager or Operator the chance to correct the problem. Operator will not be responsible for any problem not brought to the Tour manager’s or Operator’s attention while the problem is happening.
If a Guest does not wish to participate in some of the scheduled activities, he/she may arrange a different activity at Guest’s sole expense. No part of the Tour price will be refunded for Guest’s lack of participation in any part of the Tour, regardless of the reason for the non-participation. Uncompleted or unused portions of any Tour itinerary are not cause for complaint or refund.
Operator reserves the right to change the order of activities listed in the Tour itinerary, accommodations and visits in order to provide a smoother Tour experience or for operational requirements, and may alter or substitute the type of vehicle, depending on the number of participants on the particular Tour.
The size of the Tour group may vary, but generally the minimum is 6 and the maximum group size is 12 participants (in addition to the Tour manager).
Operator reserves the right to substitute the tour host (Audrey) with a suitable replacement in the rare case of emergency such as, but not limited to, medical illness or death (of Audrey). In such cases, with a suitable replacement, the trip will continue forward as planned.
11. ADDITIONAL GUEST RESPONSIBILITIES/OBLIGATIONS
Guest is responsible for determining and obtaining all necessary travel documents (such as passports, visas) needed for the Tour (see Section 4 above), and for arriving at the specified time and address for the start of the Tour on the Start Date. There are no exceptions, and there are no refunds for failure to do so. If Guest arrives on a different date, time or address than the one specified, Guest is responsible for making arrangements to meet up with the rest of the Tour group at Guest’s expense. Guest must contact Operator and inform Operator of when Guest will be able to join the Tour group. We regret that the Tour will not be delayed because a Guest is delayed. For this reason, it is recommended that Guest allow plenty of time for deplaning, gathering luggage, and traveling to the designated meeting location on the Start Date.
Guest is also responsible for, but such responsibilities are not limited to, complying with all laws of the countries visited on the Tour, respecting customs, culture, guides and local professionals, assessing the Guest’s physical ability to participate in the Tour and its activities, respecting other Guests’ privacy and health, and following the suggestions and advice of the Operator, Tour guide and Tour manager during a Tour. Operator is not responsible for informing Guest of any laws that do or could apply to Guest. Guest is also responsible for bringing sufficient amounts of all prescription medications to last through the Tour, as it may be a problem to refill any prescriptions while on the Tour. Guest is requested to email Operator their flight schedule at time full payment is due (90 days prior to Tour Start Date).
If for any reason the Guest makes changes during the Tour that results in an increase in the Tour price (for example, the Guest booked a double room and changes to a single room), the Guest is responsible for the increase in the Tour cost associated with the change. The difference in price must be paid by the Guest at the time of making the change.
During a Tour, Guest may participate in as many or as few activities of interest to Guest and at Guest’s discretion. However, there will be no refunds for unused services, activities, excursions, workshops or portions of a Tour for any reason.
Guest is completely responsible for all of Guest’s actions and failure to act, and shall indemnify and hold harmless Operator and its owners, managers, officers, directors, employees, contractors and agents for any illness, injury, accident, costs, damages, fines, or penalties caused by Guest. As an example, and not a limitation, one such incident would be Guest not informing Operator of any medical condition or disability that is contagious.
Travel has its own inherent risks, up to and including death and the Guest acknowledges that such risks exist. A condition precedent to participating in the Tour is that Guest agrees to release Operator, its owners, managers, officers, directors, employees, contractors and agents from all liability as set forth in the Liability Waiver and Release which is hereby incorporated into this Agreement by this reference.
12. GUEST REMOVAL/DEPARTURE FROM THE TOUR
Operator reserves the right, but is not obligated, to remove any Guest as a participant of a Tour if Operator determines that the Guest’s behavior is disruptive to the group or Tour, is inappropriate or offensive to the group, interferes with the delivery of services of the Tour, the Guest cannot meet the physical requirements of the Tour as stated in the Tour itinerary, is disruptive to the Tour time schedule, or is adversely affecting the overall group dynamics. Operator will not compensate other Guests, however, if Operator decides not to remove a Guest.
If a Guest voluntarily chooses to stop all participation in a Tour, Operator will require a written, signed statement of the Guest’s intent to leave the Tour. Operator will not refund any monies to a Guest who is either removed from or leaves the Tour. Transportation costs from the point of removal/departure, airline penalties, and any other expenses will be the responsibility of the Guest.
Most hotels in Western Europe are rated by the local government. Heating and air conditioning are not standard in some hotels and are not guaranteed. Bathrooms and bedrooms are smaller than their equivalents in the U.S. star rating system. Beds are also smaller than North American standards. Typically double beds are two singles pushed together. Rooms in historical buildings tend to be different from one another in size, layout, decoration, view and some may include stairs. Operator cannot guarantee a room with a view. Rooms are usually assigned in a random manner by the hotel front desk unless Guest has a particular request due to health reasons or if Guest requests and pays for an upgrade. If Guest is a solo traveler, he/she will be asked to pay any single occupancy room surcharge. Some lodging accommodations include a 24-hour concierge, laundry service, internet access, hair dryers, and other amenities/services like pools and spas while others may not. Please let Operator know of any particular questions or needs you have before you leave on the Tour. Some Tours might not be right for you.
Operator will not be responsible for any damages or discomfort caused by inadequate heating and/or air-conditioning in any hotel, bus, train, airplane, or other accommodation used by Guest while on tour.
Meals that are included as part of the Tour are shown on the applicable Tour itinerary (Included Meals, Lunches or Dinners). The Included Meals will feature local dishes; traditional cuisine which best represents the region Guest is visiting. Meals take place in local restaurants, vineyards, etc. The Included Lunches and Dinners are accompanied by limited, pre-set amounts of regional wine and bottled water. If Guest wishes to have a particular bottle of wine, cocktail or any other alcoholic drink with their meal, Guest must purchase it at his/her own expense. Some meals will be served family style on large platters passed around the table so Guests can serve themselves. Meals will not be based on a traveler’s personal preference, but rather on a choice and variety of various local specialties selected by the restaurant’s chef or Operator. If Guest has any allergies, special dietary requirements, glucose or other food intolerance, is hypoglycemic, vegetarian, vegan, lactose-intolerant, gluten-intolerant, diabetic, or the like, Guest must advise Operator at the time of booking of the Tour. Even though Operator will try their best to accommodate, Operator will not assume any extra costs to accommodate special diets. Breakfast is included in each hotel stay, but each hotel may have a different way of serving breakfast (varying in the amount and type of food prepared). Eggs or bacon are not typically served for breakfast.
15. LIMITS ON OPERATOR AND OTHERS’ LIABILITY
Operator expressly limits its performance under this Agreement to arranging the Tour with the food, lodging and ground transportation from site to site as set forth in the written description of the Tour (as may be changed as described above). Operator uses third party independent contractors to provide the majority of the services, and Operator has no control over, and shall not be held liable for, the acts or inaction of any third party independent contractors.
To the maximum extent permitted by law, neither Operator nor its owners, managers, officers, directors, employees, independent contractors, affiliates, associates, collaborators, suppliers, drivers, guides, and agents shall be liable to Guest or any third party for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever arising out this Agreement, whether arising out of contract, tort, negligence, strict liability, regardless of the theory of recovery, even if the damages were foreseeable or Operator was advised of the possibility of such damages, and even if the agreed remedy fails of its essential purpose. Guest’s sole remedy and Operator’s entire liability under this Agreement based on any theory of recovery is limited to, at Operator’s sole option, providing a comparable Tour or refunding the amount Operator was actually paid for the Tour. Not all jurisdictions allow the limitation of damages, so this provision may not apply to Guest.
Operator and its owners, managers, officers, directors, employees, associates, affiliates, suppliers, contractors and agents shall not be liable or responsible to Guest for any losses or expenses whatsoever, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent the failure or delay is caused by or results from acts or circumstances beyond their reasonable control including, but not limited to, acts of God; acts of war/terrorism; civil unrest; riot; crime; adverse weather conditions; fire; flood; draught; disaster; closure; alterations to public transportation schedules; flight delays or cancellations; strikes; traffic; traffic accidents; changes imposed by third parties; technical or mechanical problems; power failure; illnesses or epidemics; quarantines, detention; loss of baggage, acts, injuries or failure to act by third parties; other acts or failure to act; or the laws of any government, governmental agency or governmental employee or representative and similar incidents.
16. USE OF GUEST IMAGES/VIDEOS/FEEDBACK
Guest hereby agrees that photographs and video of or including Guest taken during the Tour, whether by Operator, Operator’s representatives or suppliers, are the property of Operator. Operator may use the photographs and video (or photographs or video provided or posted by another participant on the Tour that includes an image of Guest) for Operator’s commercial purposes, including promotional purposes, without compensation to, or any further authorization from, Guest. If Guest objects to such use, Guest may request that Operator not use such image, but Operator has no obligation to stop such use.
Guest hereby grants Operator a license to use, publish, display, distribute and make derivative works of any photographs, video, or feedback (whether oral or written) provided to Operator by Guest or posted by Guest on any social media platform, for use in any manner at Operator’s discretion including, but not limited to, promotional or other commercial purposes, such as Operator’s website, without obtaining any further consent and without any compensation, fee or royalty of any kind.
17. GOVERNING LAW; VENUE; JURISDICTION.
This Agreement is governed by, and shall be construed and enforced in accordance with, the laws of Colorado, USA, without regard to any state’s or country’s conflicts of laws principles. Any action brought arising out of or related to this Agreement must be brought only in the state or federal courts located in or having jurisdiction over Douglas County, Colorado. Guest hereby waives any objection to the above courts exercising personal jurisdiction over Guest and waives any right to a defense that Colorado is an inconvenient forum. The party prevailing in any such action is entitled to an award against the non-prevailing party for its fees and costs including, but not limited to, reasonable attorneys’ and expert witness fees.
If any provision of this Agreement is deemed unenforceable by a court of law, the provision shall be modified to the extent necessary to make the provision enforceable to the fullest extent permitted by law. If no such modification will make the provision enforceable, the provision will be stricken without invalidating the remaining provisions of this Agreement.
This Agreement, consisting of the Guest Registration Form, these Terms and Conditions, and the Liability Waiver and Release, contain the entire agreement between Guest and Operator. This Agreement may not be amended or modified except in a writing signed by the party to be obligated by the amendment or modification. Section headings are for reference only and do not define or limit the scope of the provision. The terms of this Agreement shall be binding upon and benefit, and shall be enforceable by or against, the parties, their successors and permitted assigns. Guest shall not assign its rights and obligations under this Agreement. Sections 9, 11, 15, 16, 17, 18, 19, 20 above and such other provisions as may reasonably be construed to survive, shall survive the delivery of the Tour and termination of this Agreement.
ACCEPTANCE OF TERMS AND CONDITIONS:
By submitting a signed Guest Registration Form, the per person Tour deposit and the signed Liability Waiver and Release, Guest is acknowledging, agreeing and accepting the Agreement on behalf of himself/herself and all persons for whom Guest is making payment. Guest understands that this is a legally binding and enforceable contract.