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Tour Contract
General. Upon full payment of the tour price by the participant, Image Tours,
Inc., 2828 Kraft Ave. S.E., Grand Rapids, MI 49512-2076, Ph: 616/957-1010,
Fax: 616/957-0103, hereinafter referred to as "the Tour Operator",
agrees to provide the services specified in this brochure, subject to the terms,
conditions, and limitations contained in this contract. The participant agrees
that if there are any corrections or changes, the correct information will
prevail.
Included. Consult the "What's Included in Your Tour" on the itinerary
for each tour.
Not Included. Charges for passports, visas, inoculations, laundry, beverages
(except coffee, tea, or milk with breakfast or when expressly specified), travel
insurance, optional excursions, postage, telegrams, telephone calls and surcharges,
any items of a personal nature, or any other items or services the inclusion
of which has not been expressly specified in this brochure.
Itinerary Deviations. Due to special circumstances, including but not limited
to holidays, special events, seasonal schedule changes, weather, traffic delays
and itinerary adjustments, some sights and stores may have limited hours or
may not be available. Under such circumstances or toward the improvement of
the tour experience, the Tour Operator and tour manager reserve the right to
make changes in the itinerary or sights, at their sole discretion.
Reservations. The Tour Operator requires a signed Reservation Application and
deposit for each participant within one week from the date you make your reservation.
Take or mail your signed Reservation Application and a deposit of $200 per
person (plus insurance premium if you are purchasing travel insurance offered
by the Tour Operator), or full payment if less than 75 days prior to departure,
to the travel agency whose name and address appear on the Reservation Application.
Final Payment must be received by the Tour Operator at least 50 days prior
to departure. Please Note:
- The Tour Operator will not release Trip Documents for any participant for
whom it has not received a signed Reservation Application and payment in
full.
- The Tour Operator requires 16 days to clear a regular check. Therefore,
to expedite final payment and release documents, the Tour Operator recommends
the use of wire transfer, cashier's check, or credit card. We accept Visa,
Mastercard, or Discover.
- In case of late payment, your travel agency may charge you for express
mailing payments and documents.
- Within 50 days prior to departure, the Tour Operator reserves the right
to cancel a reservation for which it has not received final payment, or for
which it receives a check that is returned to the Tour Operator due to insufficient
funds, and cancellation penalties will apply.
Price Changes. Tour prices are based on tariffs, taxes and rates of exchange
as they were known to the Tour Operator on the date of booking, and are subject
to change, without prior notice. However, if the tour price increases by more
than 6%, the participant(s) may, within seven (7) days from the date of notification
of such increase, cancel with full refund.
Price Guarantee. If participant pays in full at the time of reservation, the
Tour Operator gives an unconditional price guarantee.
Cancellations. The Tour Operator must receive a written notification of cancellation
by mail or fax. Using the date such notification is received by the Tour Operator,
the following cancellation penalties apply and will be retained by the Tour
Operator:
- More than 50 days prior to participant's scheduled departure date, $200
per person.
- From 49 days to 1 day prior to participant's scheduled departure date,
provided all documents (including airline tickets and/or train tickets if
applicable) are returned to and received by the Tour Operator prior to or
within eight weeks after the cancelled departure date:
- Without a medical statement, 50% of the "land only" price plus
the cost of the air transportation (the difference between the land only
and the land and air inclusive price).
- With a medical statement (see "Medical Statement Requirements" in
the next section), 30% of the "land only" price plus any cancellation
fees charged by the airlines.
Note: No refund will be sent
until the Tour Operator receives the documents. If the Tour Operator receives
documents and medical statements more than eight weeks after the cancelled
departure date, additional penalties and service fees will apply, possibly
resulting in no refund.
- Scheduled departure date and after, no refund.
Note: No refund will be issued for any unused portions
of a tour.
Medical Statement Requirements. The Tour Operator must receive the medical
statement within eight weeks of the scheduled departure date. The medical statement
must be on the letterhead of an attending licensed physician (M.D. or D.O.)
to the effect that participant or participants travel companion is unable to
travel due to the sickness or death of the participant or participant's travel
companion, or a member of participant's or travel companions immediate family,
namely, spouse, child, brother, sister, parent, in-law, grandparent, or grandchild.
No refund will be sent until the Tour Operator has received this medical statement.
Change Fees. After the Tour Operator receives the deposit, all changes, including
but not limited to departure/return date (when the tour date remains the same),
departure/return city in U.S., arrival/return city in Europe, "air and
land" to "land only" and vice versa, and spelling of participants
name, are subject to acceptance by the Tour Operator and may result in an increase
in your tour price. Changes must be submitted by fax or mail, and if confirmed
by the Tour Operator, the following change fees will apply: more than 90 days
prior to departure, $50 per person; from 90 days to 60 days prior to departure,
$100 per person. Less than 60 days prior to departure, all changes are considered
a cancellation and re-booking and thus, are subject to the cancellation policies. Note: Tour
changes (to a different tour date or itinerary), and name changes (substitutions)
are always considered cancellations/new bookings and are subject to the cancellation
policies for that tour.
Insurance. For your protection against cancellation penalties we highly recommend
trip cancellation insurance. In case your health insurance does not cover you
outside the United States, you may want to purchase travel accident and optional
sickness coverage. We also recommend purchasing baggage insurance. Ask your
travel agency for travel insurance options.
Baggage. As you prepare for your trip, baggage is one of your major concerns.
Here is important information with regard to allowances, loss or damage, and
insurance:
- Allowances. Although the airlines may have more generous baggage
allowances, and many people would like to bring a larger bag, the luggage
allowances for our European motor coaches are as follows: Each participant
on the tour is entitled to one suitcase and one carry-on bag. The suitcase
cannot exceed 30" x 22" x 10" (excluding wheels and handles),
and cannot exceed 50 lbs (23 kgs) in weight. The carry-on must fit in the
space under your seat. This space measures 17" x 14" x 8".
In addition, each participant may carry a coat over their arm, a camera or
small purse over their shoulder, and a magazine or book in their hand. Participants
may bring a camcorder, but, for their own travel comfort, we recommend taking
it in place of a carry-on. Baggage space on the coach is limited, and with
a full complement of passengers we cannot comfortably accommodate more baggage.
In fairness to all passengers, our tour managers are under instruction to
direct any participant with a suitcase exceeding 30" x 22" x 10" to
purchase a replacement bag on Day 2 of the tour and to leave the oversized
bag behind or ask the hotel to ship it back home, entirely at the participant's
own expense. If, however, there is room on the motor coach for the oversized
luggage, the tour manager, at his/her sole discretion, may allow the oversized
luggage on the motor coach, in which case the tour participant must pay the
equivalent of $3 per day to the tour manager at the beginning of the tour.
If overweight luggage is refused by the hotel porters and/or the drivers,
the tour participant will be required to carry their own luggage between
the motor coach and hotel room.
- Loss or Damage. Baggage loss or damage sustained while in the custody
of an airline, hotel, bus company, or transfer company is not the responsibility
of the Tour Operator. Airline liability for passengers' baggage is clearly
stated on the passenger contract included on all air tickets, or a statement
can be found on file for inspection at the offices of the airline. The airline's
liability shall in no event exceed the actual loss incurred by the passenger,
subject to proof of the amount of the loss.
- What to do in case of damage or loss by an airline. The participant
must report the loss or damage immediately (while still at the airport) to
the airline in question for two reasons: a) Most airlines require immediate
claims or they will not accept them, and b) Insurance companies have the
right to void any claim that is not reported immediately.
- Baggage Insurance. We recommend that participants purchase baggage
insurance. Many travel insurance programs include coverage for lost or damaged
baggage. As you consider travel insurance, check if the policy includes baggage
coverage.
Air Schedules. The airlines and air schedules provided by the Tour Operator
are subject to change at any time, and cancellation by tour participant due
to airline or schedule changes will be subject to the cancellation penalties
as outlined in the "Cancellations". Revisions requested by the tour
participant will be noted, but under no circumstances will these requests be
guaranteed, and the participant will be responsible for any price increases
caused by such requests. If the tour participant does not like the air schedule,
and wishes to get a more convenient schedule, he/she may ask their travel agent
to check the cost and availability of a different air schedule/airline, but
must do so at least 90 days prior to departure. If the tour participant chooses
another air schedule/airline, the tour participant will be charged the "land
only" price by the Tour Operator and the air fare by the Travel Agent,
and may not be eligible for airport transfers. If tickets are purchased by
a source other than the Tour Operator, the Tour Operator shall not be held
liable for any penalties incurred from the cancellation or change of the air
ticket, for any reason. Therefore, we recommend tickets not be issued until
45 days or less prior to departure. Prices are based on Economy Class air space.
Participants requesting to fly in the roomier Business Class should expect
to pay at least $2,500 additional per person.
Responsibility of the Airlines. The airlines are not held responsible for any
acts, omissions, or events during the time the passengers are not on board
their aircraft or conveyances. The passenger's contract in use by the airlines,
when issued, shall constitute the sole contract between the airline and the
passenger. Any and/or all transportation companies shall have or incur no responsibility
for liability to any traveler aside from their liability as common carriers.
Services performed and tickets issued by the air carrier are subject to rules
and regulations relating to liabilities established by the Warsaw Convention
and the terms and conditions of this contract.
Cancellation by the Tour Operator. The Tour Operator reserves the right to
cancel a tour at any time for any reason, and its liability shall be limited
to a refund in full of only those moneys it has received from or on behalf
of the participant. If the participant has purchased the air ticket through
any source other than the Tour Operator, it is his/her own responsibility to
become familiar with the penalties and restrictions of the air ticket and,
in the event of a cancellation or date change by the Tour Operator, the Tour
Operator shall not be held liable for any penalties incurred from the cancellation
or change of the air ticket. Therefore, we recommend tickets not be issued
until 45 days or less prior to departure.
Responsibility of the Tour Operator. The Tour Operator shall be responsible
for supplying the services and accommodations offered in this brochure as they
relate to the land portion of the tour. If such services and accommodations
cannot be supplied due to causes beyond its control, there shall be no responsibility
or liability. In this event the Tour Operator will use its best efforts to
supply comparable services and accommodations, and all travel arrangements
may be subject to alteration or cancellation at any time with or without prior
notice for any reasonable cause. Such alterations will not be considered cause
for cancellation by the participant(s), and the usual penalties will apply.
Nor shall the Tour Operator be liable for any injury, loss, damage, accident,
delay, irregularity, or expense arising from strikes, war, terrorism, weather
or other acts of God, quarantines, sickness, governmental restrictions or regulations,
or from any act or omission of any individual, firm, or corporation furnishing
sightseeing, hotel accommodations, or any other services in connection therewith,
nor for any additional cost or expense due to disruption of advertised schedules,
rates or services, or for any other cause beyond its control. The Tour Operator
reserves the right to decline, to accept, or retain any person as a member
of the tour at any time prior to departure, or in the course of the tour, should
such participant's health, mental condition, physical infirmity, or general
deportment impede, in the Tour Operator's judgment, the operation of the tour
or the rights, welfare, or enjoyment of other tour participants, and all resulting
costs will be the responsibility of the participant. The acceptance by the
participant of any travel plan or other service shall be deemed to constitute
acceptance of these limitations of liability or responsibility. No representative,
employee, or agent of the Tour Operator is authorized to modify, waive, or
in any way change the terms of this contract.
Breach. The Tour Operator and participant recognize and agree that a breach
of this agreement by the other party will be actionable and will entitle either
party to injunctive relief and other such equitable relief as deemed appropriate
by the courts. The parties consent to the jurisdiction of the Courts of the
State of Michigan, Kent County, in any such enforcement action, which will
be governed by the laws of the State of Michigan.
Entire Agreement. Other than as stated herein,
the participant warrants that no promises or inducements have been offered
for this agreement other than as set forth herein and that this agreement is
executed without reliance upon any other promises or representations.
©Copyright Image Tours, Inc. 2006
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