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2010 JOURNEY AGREEMENT
THIS JOURNEY AGREEMENT (the "Agreement") is executed as of date below, by and between DOMAINES & TERROIRS LIMITED (the "Company") and the person whose name appears on the signature line below (the "Guest").
The Guest hereby submits a refundable deposit ("Deposit") in the amount of €750 payable by wire transfer, PayPal or cheque, for a Domaines & Terroirs Journey (the "Journey") as follows:
The DOMAINES & TERROIRS JOURNEY will be offered in 2010 for a group of eight guests, herein referred to as 'Guests'. The 2010 Journey dates are as defined on your Booking Confirmation. This Journey will take Guests to visit the specific region of France outlined by the Journey Description, beginning and ending in the location specified.
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, and no other, without regard to conflict of law principles. Both this Agreement and the Journey are subject to the following terms and conditions, which the Guest acknowledges:
FINAL RESERVATIONS AND JOURNEY PRICING
All prices quoted by the Company (including those appearing in printed materials and on the Company's website) are subject to review and change pending currency fluctuations from the time the Journey was priced. The Company will notify Guests in advance of any adjustments in prices for a given Journey. Any adjustments or balance due must be paid by Guests prior to Journey departure.
The payment of required deposits and full payment for a Journey constitutes consent to all provisions of the terms, conditions and general information outlined in this Journey Agreement. The Company requires payment in full, a signed copy of the Journey Agreement and confirmation of the Guests' paid in full travel insurance policy from each participant travelling with the company. Journey Agreements should be signed and returned with the balance when due, following the deposit to hold a space on the Journey.
Certain Journey components or services (for example, specific hotels or restaurants) are reserved by the Company before final pricing is available from vendors, and therefore, from time to time currency fluctuations or other changes in pricing may impact the Final cost of or venue on any given Journey. The Company therefore reserves the right to change the venue to maintain the originally quoted price.
Journey availability and final reservations should not be considered confirmed until the Company has acknowledged receipt and acceptance of a Deposit and the balance paid in full, as outlined for each Journey offered by the Company. The Company will confirm Guests' participation in a Journey in writing via letter or email, following receipt of the full balance due and a signed copy of this Journey Agreement.
Deposit, Payment Of Balance & Cancellations Policies
Full balances are due via wire transfer or cheque payable to Domaines & Terroirs Limited 90 days prior to the commencement date for the requested Journey.
Guests who must cancel their Journey can receive refunds of their Journey fee, excluding the non-refundable Deposit as follows:
- More than 90 days prior to departure: €250 cancellation fee
- 90 - 61 days prior to departure: cancellation fee of 25% of JOURNEY price
- 60 - 31 days prior to departure: cancellation fee of 50% of JOURNEY price
- 30 - 15 days prior to departure: cancellation fee of 75% of JOURNEY price
- 14 - 00 days prior to departure: cancellation fee of 100% of JOURNEY price
Upon notification of the cancellation of a JOURNEY, balance of monies held in trust will be refunded within 10 working days.
Guests are required to purchase travel and trip cancellation insurance, as well as all international-travel related health insurance, liability insurance, business interruption insurance, trip interruption insurance, and insurance for theft, loss or damage to personal property, bodily injury or loss of life. The Company will not be responsible in any way for any liabilities arising out of failure by the Company, its agents, contractors or affiliates to provide goods or services as contracted beyond the amount received by the Company from the Guest for the purchase of those goods and services. The Company assumes no liability for loss or damage of property or personal injury. In no event shall the Company's liability exceed the amount of money received from the Guest who is duly registered for a given Journey.
Trip Cancellations By The Company
The Company reserves the right to cancel any Journey for any reason, including insufficient registration for a Journey. If the Company cancels a Journey 60 days or greater prior to the departure date, Guests will receive a full refund of any fees paid to the Company, including the otherwise non-refundable Deposit. If a Journey is cancelled, the Company will use reasonable efforts to offer Guests the opportunity to change their Journey to another scheduled Journey within one year of the original Journey date.
Force Majeure
"Force majeure" is defined in this agreement to mean unusual and unforeseeable circumstances beyond our control or that of our suppliers, the consequences of which could not be foreseen or avoided by us even with the exercise of all due care. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our/the supplier's control.
The Company cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss as a result of "force majeure".
Specifically to avoid misunderstandings or doubt, the Company will not be liable to pay the Guest for any travel or other costs, expenses or losses which you incur as a result of any change or cancellation by the Company.
Responsibilities & Liability
All arrangements for transport, hotel accommodations, tours, visits and programs are made upon the express condition that the Company and its agents shall not be liable for any injury, damage, loss, accident, delay or irregularity that may arise from such purchases or arrangements.
The Company accepts no responsibility should a guest decide to make any changes in their accommodation or not dine with the group for included meals or tastings. The guest does so at his or her own expense and is not entitled to any refund from the Company. Guests who opt to deviate from the planned itinerary and who choose to leave the day's activities early or to pursue alternate activities are responsible for their activities and transport.
The Company and its agents accept no responsibility for losses or additional expenses due to delays or changes in flights, trains, or other services, sickness, pilferage, machinery breakdowns, government restraints, weather conditions, strikes, labour disputes, acts of war or terrorism, quarantine, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control, other causes or acts of God.
As Journey itineraries are planned substantially in advance, the Company reserves the right to cancel, change or substitute any service or activity included in a Journey, and to decline to accept or retain any Guest at any time for any reason including, without limitation, insufficient number of participants, and to make minor alterations when necessary without penalty. Substitutions of Journey leaders or guides may at times be necessary due to circumstances beyond the Company's control.
Guests will supply the Company with the information necessary to execute the final booking of their air (if included) and hotel, including full name as it appears on their active passports, address and other contact information required by the booking agent.
Passports & Visas
Guests must have a valid passport for travel from their home country and are strongly advised to verify the date of validity for their passport in advance of their Journey.
The Company advises all Guests not citizens of an E.U. country or who hold a passport from a non E.U. country, to verify all passport and visa requirements with the Embassy or Consulate of France in their home country well before the Journey dates.
Health & Saftety
Guests are required to purchase travel and trip cancellation insurance, as well as all international-travel related health insurance, liability insurance, business interruption insurance, trip interruption insurance, and insurance for theft, loss or damage to personal property, bodily injury or loss of life. The Company will not be responsible in any way for any liabilities arising out of failure by the Company, its agents, contractors or affiliates to provide goods or services as contracted beyond the amount received by the Company from the Guest for the purchase of those goods and services. The Company assumes no liability for loss or damage of property or personal injury. In no event shall the Company's liability exceed the amount of money received from the Guest who is duly registered for a given Journey.
While it is not a substitute for comprehensive travel insurance, all European Union Guests strongly recommend obtaining and carrying a European Health Insurance Card (EHIC) for travel in Europe. Guests can find information on the EHIC is available at www.dh.gov.uk. Guests can apply online at www.dh.gov.uk or by phone on 0845 606 2030 or by post from EHIC Applications, PO Box 1115, Newcastle-upon-Tyne,NE99 1SW.
Guests' are requested to carry a detailed list of the next of kin with their passport or travel documents so arrangements to contacted them in an emergency can be made if necessary . Please note that all costs incurred by us in providing any assistance in the event of an emergency including payment for any transport and phone calls must be reimbursed to the company.
Guests should be in good physical condition and are responsible for reviewing the physical activity level included in a Journey. The Company is not liable if Guests are unable to participate in any Journey activities due to Guests' physical limitations. Guests are requested to act in a responsible manner at all times, and act with respect towards other Guests, the Journey leaders, property, people and places visited during the Journey.
The Company reserves the right to decline, to accept, or to require any individual to withdraw from any Journey. The company is not responsible for the actions of any contracted services.
Luggage & Personal Belongings
Our Guests are reminded that their luggage will be transported by the Company; however, these remain your responsibility. Due to space limitation in transport vehicles, the Company suggest Guests consider one 24", maximum a 26", suitcase and your carryon luggage. The Company strongly recommends if Guests bring valuables, to deposit them with the hotel for safekeeping or where possible the room safe.
Comportment Of Guests
The Company does not accept liability for Guest's consumption of wine or alcoholic beverages. You and all members of your party must behave in an orderly fashion, not disrupt the enjoyment of others or prejudice our reputation with our suppliers. The Journey of any client in breach of this clause shall be terminated forthwith and we shall have no further contractual or other obligations towards that person including the provision of return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
You are liable for all damage and losses caused by your actions or those of any member of your party.. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with its own and the other party's full legal costs) as a result of your actions. You must make sure you have sufficient insurance in place to cover such damage, loss and claims.
Exclusions
Journeys do not include trip costs other than those outlined in the prospectus, such as airfare, trip and/or medical insurance, excess baggage charges, or any personal items. Meals, drinks and personal purchases in addition to those mentioned in the prospectus are excluded.
Privacy
All information provided in a Guest's booking will be kept strictly confidential and will not be disclosed or sold to other companies for any purpose beyond what is needed to secure your travel arrangements with our vendors. Mailing information and past travel information will be retained by us and Guests may receive periodic communications unless you explicitly ask to be removed from our mailing list. Photographs you send, or that are taken by our guides with your permission, are deemed to be our property and available for use in promotions we make without any compensation to you for their use.
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