1-800-328-7513
320 W. 1st Street, PO Box 504
Dallas City, Illinois 62330 USA
Local 217-852-3366
Fax 217-852-3441
This agreement is for flight grad programs. Look in ground programs for their specific policies. If you have any questions at all about any of our programs, ask immediately.
ATTENTION: The legal drinking age in Mexico and the Caribbean is 18 years of age and seldom enforced. In Hawaii, Colorado, and all other U.S. trips, the legal drinking age is 21 and the restaurants, bars and nightclubs require identification and proof of age to consume alcohol. Some activities occur in locations that serve alcohol. GRAD WEEK does not offer, endorse, or encourage the use of alcohol at anytime during its tours.
OPERATOR'S OPTION PLAN CONTRACT
Grad 2008 Terms and Conditions – Operator’s Option Plan Contract
This Operator’s Option Plan Contract (the "Agreement") sets forth the terms and conditions under which International Student Tours Worldwide Corporation (ISTW), and GRAD WEEK (GW) for payment of the trip price, agrees to provide you (the "Participant") this tour package. Please note that if you are under the age of 18 at the time of signing the application, your parent(s) or guardian(s) must also sign. ISTW and GRAD WEEK are not responsible for forged signatures.
1. RESPONSIBILITY: Neither ISTW nor GRAD WEEK, nor ISTW's or GRAD WEEK's employees, affiliates, officers, directors, successors, agents, and assigns (collectively "ISTW" and "GRAD WEEK", respectively) owns or operates any person or entity which is to or does provide goods or services for your trip including, for example, accommodations, air, land, rail, water or other transportation, food service, local guides, etc. As a result, unless ISTW or GRAD WEEK is negligent, ISTW and GRAD WEEK, respectively, will not be responsible for personal injury or property damage caused by the supplier of these services, and if these services and components are prevented, restricted or interfered with by reason of events or causes beyond ISTW's or GRAD WEEK's control, including without limitation, acts of civil or military authorities, by reason of statute, rule, or local law, action of federal, state or local government or agency, acts of public enemy, acts of terrorism, criminal activity, war, riot, embargoes, civil commotion, insurrection, strike or labor unrest, acts of God, attacks by animals, severe weather and climatic conditions, storm, flood, fire, earthquake, power or communication line failure, mechanical or structural failures or difficulties, diseases, sickness, food poisoning, unsafe sanitary conditions, quarantine, accident or illness in remote places without access to medical facilities, transportation, or means of rapid evacuation and assistance, acts or omissions of carriers including but not limited to breach of contract, failure to comply with any laws such as the Americans with Disabilities Act ("ADA"), cancellation, delay or overbooking, acts or omissions of other providers such as hotels, local ground handlers, entertainers or sightseeing services or restaurants including but not limited to breach of contract, failure to comply with any laws such as the ADA, cancellation, delay or overbooking, or travel participant negligence, ISTW and GRAD WEEK cannot assume and are not to be held responsible for any claims, losses, damages (direct, indirect, consequential or incidental), costs or expenses including without limitation, injury, accident or death, inconvenience, loss of enjoyment, loss of pay, upset, disappointments, distress, or frustration, whether physical or mental, arising out of or in connection therewith. Participant assumes complete and full responsibility for, and hereby releases GRAD WEEK and ISTW from any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination and all safety and security conditions of such destination, during the length of the proposed travel. GRAD WEEK recommends that you visit the websites of the Department of Transportation (www.dot.gov) and the Federal Aviation Administration (www.faa.gov) for current news and releases regarding air travel and safety.
GRAD WEEK reserves the right to make changes in the published itinerary whenever, in its judgment, conditions warrant, or if it deems it necessary for the comfort, convenience, or safety of the trip. GRAD WEEK reserves the right to decline any person as a member of the trip, or to require any participant to withdraw from the trip, if at any time such action is determined to be in the best interest of the health, safety, and welfare of the trip, group or of the individual participant. Under such circumstances, no refund will be given. Baggage and personal effects are solely the responsibility of the owner.
2. RESERVATIONS AND PAYMENTS: A $100 non-refundable deposit* per passenger and a completed and signed Registration Form are required to secure a reservation. Complete payment is due March 1, 2008. For reservations made after February 1, 2008, payment in full is required with the Registration Form. GRAD WEEK will process applications for reservations on a first-come first-served basis. If space is not available when your reservation is received, we will retain your payment and place your name on a waiting list until space becomes available, or you request a full refund. There is a $25 per person fee (plus any airline or tour package imposed fees) for changing your reservation in any way, if permitted, once deposit has been received by GRAD WEEK.
Checks, money orders, cashiers checks, MasterCard, Discover Card and Visa may be used for deposits and payments up to March 1, 2008. Reservations received after March 1, 2008, must pay in full, plus a $40 late fee, by cashiers check, money order or credit card (no personal checks). Once your deposit is received, you will be sent a confirmation billing statement that includes your Traveler ID Number. This number should be written on all
payments. Payments may also be made online at www.gradweek.com. Final payments must be received in our office by March 1, 2007; otherwise, you will be automatically cancelled. There will be a $20 service charge for returned checks and a $10 service charge for declined credit cards.
3. APPLICATION OF PAYMENT: The allocable portion of your payment related to air travel will be deposited into ISTW's escrow account with Valley National Bank, 1195 Hamburg Turnpike, Wayne, NJ 07470. Payment is additionally protected in part by a security agreement with International Sureties LTD., 203 Carondelet St., Suite 500, New Orleans, LA 70130. Any claim against this security agreement must be filed in writing, within 60 days after the date of operation of the return flight, with ISTW, or if ISTW is unavailable, the securer; otherwise, the securer will be released from all liability under the security agreement to you. California law requires certain sellers of travel to have a trust account or bond. This business has a trust account. The allocable portion of your payment related to scheduled air services and to secure accommodations, transfers and all other components of your tour will be made available to GRAD WEEK and will be placed into GRAD WEEK's Client Trust Account #3827081476, Wells Fargo Bank, Jackson, CA. 95642.
4. PRICES: The price of the trip, the original city and destination, and the hotels are set forth in this brochure and are incorporated herein by reference. Prices stated are based on airfares and rates in effect January 1, 2007, and also reflect a discount for payment by cash, check or money order. Credit card price must add $15 per person (one time only) to the current cash discounted price. Airfares and rates are subject to change. Changes could include fuel surcharges, tax increases and other unforeseeable fees. We will notify you in writing if these fees change. Should your group require a specific departure date, and the associated costs for this trip are higher than our contracted rate, you may incur a higher price to accommodate this special request. If your group decides to change the destination, and the change is made after December 1, 2007, you may incur a change fee. Prices are based on quad occupancy (4 in a room) and "Run of House" availability, unless otherwise specified. If requested, we will assist you in finding roommates, but GRAD WEEK is not responsible if you have less than four per room. Once final rooming is completed, you will be billed for additional charges if your room has less than four per room. Published prices do not include the departure taxes described below and the $25 hotel security deposit described below, but these items will be included in your invoice. Any tips or gratuities not specifically mentioned as included in the total price are at your discretion.
5. DEPARTURE TAXES: Prices on the brochure do NOT include U.S., Mexico and Caribbean departure taxes and fees. For most cities, taxes total $105 for international and $45 for Hawaii, as well as any applicable airport passenger facility charges and usage fees that may arise. Some cities may vary. These taxes and fees will be included in your invoices and must be paid to GRAD WEEK at time of final payment. Government taxes and airport passenger taxes and fees are subject to change as noted in section 4 above. A participant's account becomes "paid-in-full" once all services, fees, rooming, taxes, refundable deposits and merchandise have been fully paid.
6. HOTEL SECURITY DEPOSIT: Each hotel requires a $25 per-person security deposit. This deposit amount is not included in the price but is required to be paid to GRAD WEEK at time of final payment and will be included in your invoice. It is a room security deposit and is refundable if there is no damage to your room or any unpaid incidental balances. Refunds are processed 60-90 days after your return.
7. CANCELLATION AND REFUND: If you cancel your reservation, your right to refund is limited, as set forth below. All cancellations and requests for refunds, if applicable, must be submitted in writing and mailed or faxed to GRAD WEEK's corporate office. NO REFUNDS WILL BE ISSUED FROM VERBAL COMMUNICATIONS OR CANCELLATIONS GIVEN TO STUDENT ORGANIZERS. IT IS THE PARTICIPANT'S OBLIGATION TO ENSURE A WRITTEN CANCELLATION NOTICE IS RECEIVED BY GRAD WEEK. To protect the participant, mailed cancellations should be sent Return Receipt Requested. For faxed cancellations, keep confirmation of transmittal. Notice of cancellation must include name of participant and account number that corresponds to the registration. The following cancellation schedule will apply: GRAD WEEK highly recommends the Supplemental Insurance referenced in Section 9. Cancellations received PRIOR to December 1, 2007, are assessed a $100 cancellation fee (inclusive of the $100 nonrefundable deposit*). Cancellations received AFTER November 30, 2007, and BEFORE March 1, 2008, are assessed a cancellation fee of $150. Cancellations received AFTER March 1, 2008 and BEFORE March 20, 2008 are assessed a cancellation fee of $300. Cancellations received AFTER March 19, 2008 and BEFORE April 10, 2008, are assessed a cancellation fee of $400. Cancellations received AFTER April 9, 2008, and BEFORE April 21, 2008, are assessed a cancellation fee of $500. Cancellations received AFTER April 20, 2008, will receive no refund. The actual fee depends on the date cancellation is received by GRAD WEEK. Once cancelled, there will be a $30 reinstatement fee, plus any additional airline/hotel fees, and only on a space available basis. If you or ISTW resells your seat to an eligible substitute passenger, you will receive a full refund less an administrative fee (administrative fee based on date of change). A substitute passenger will not be considered as having been found until the entire capacity of the trip has been initially sold out and the trip is paid in full. No substitutions allowed within 14 days of departure. Any one of the following changes will be considered a major change entitling you to a right to cancel and receive a full refund: (1) a change in departure or return date after you have received your airline ticket unless the change results from a flight delay experienced by the air carrier. If, however, the delay is longer than 48 hours, it will be considered a major change; (2) a change in the origin or destination city, unless the change affects only the order in which cities named on the tour package are visited; (3) price increases of more than 10% occurring 10 or more days before departure, and (4) a substitution of any hotel that is not named in this agreement. If we know of a major change 10 or more days before scheduled departure, we will notify you of the change within 7 days after first knowing of it, but in any event at least 10 days before scheduled departure. If we first know of a major change less than 10 days before scheduled departure, we will notify you as soon as possible. Within 7 days after receiving notification of a major change, but in no event later than departure, you may cancel your reservation and you will receive a full refund within 14 days after canceling. If a major change occurs after the departure of the flight, which you are unwilling to accept, we will refund within 14 days after the return date of this agreement the applicable amount. If we must cancel the charter, we will notify you in writing within 7 days after the cancellation, but in no event later than 10 days before the scheduled departure date, except for circumstances that make it physically impossible to perform the charter trip. If that occurs, we will notify you as soon as possible but no later than the scheduled departure date. Upon cancellation of the transportation or travel services where you, the customer, are not at fault and have not cancelled in violation of the terms and conditions of the contract for transportation or travel services, all sums paid to GRAD WEEK for services not received by you will be promptly refunded by GRAD WEEK to you within 14 days after the cancellation, unless you otherwise advise GRAD WEEK in writing, after cancellation. The rights and remedies made available under this contract are in addition to any other rights or remedies available under applicable law. However, we offer refunds under this contract with the express understanding that receipt of that refund by a passenger waives any additional remedies.
8. DEPARTURE DATES AND AIRPORTS: No representation is made concerning a particular date of departure, except that the date of departure will usually be within 1-14 days after graduation, unless graduation is before May 20, 2008, in which case the date of departure may be later, and that you will be notified of that date approximately 30 days prior to departure. Departure dates are considered tentative until you receive your departure package. If you have not received your airline ticket at least 7 days prior to departure, please call the corporate office. Some departure cities listed on the brochure have multiple airports. Departure airports for New York are: Kennedy, LaGuardia, or Newark; for Chicago: O'Hare, Midway; for Washington: Baltimore, Dulles or National; for Charlotte/Raleigh: Charlotte or Raleigh; for San Francisco: San Francisco, Sacramento, or Oakland; for Tulsa: Tulsa or Oklahoma City; for Orlando: Orlando or Tampa; for San Antonio: San Antonio or Austin, for Miami: Miami or Ft. Lauderdale. The selection of the actual date of departure or specific airport (for multiple airports only) is at the option of ISTW and will not entitle you to a refund.
9. TRAVEL PROTECTION INSURANCE: In addition to the free medical insurance coverage referenced in the brochure, an additional Travel Protection Plan is available and strongly recommended should you be forced to cancel for unforeseen circumstances, as specified in the insurance policy. This important, low-cost protection, which also covers trip interruption, travel delays and baggage delays, is provided by Travel Insured International and can protect your investment. This insurance is non-refundable and non-transferable. This insurance is automatically billed to each Participant's account. Participants must decline the insurance to remove it from their account no later then March 1, 2008. Please refer to Part B of the information brochure that will be provided to you or view the Travel Insured International link on our website. No premium refunds for this insurance are available unless there is a cancellation where you, the customer, are not at fault and have not cancelled in violation of the terms and conditions of this agreement.
10. BAGGAGE: The air carrier allows each passenger to check in one piece at 44 pounds, plus one carry-on bag that can fit under the seat. For INTERNATIONAL flights, the air carrier's liability is limited to the actual value of the baggage, but not more than approximately $9.07 per pound in the case of checked baggage and approximately $400 per passenger for unchecked baggage. For domestic flights, the liability is limited to $2,500 per passenger for both checked and unchecked baggage. Neither ISTW nor GRAD WEEK is responsible for damage to luggage. Carriers are not liable for damage to soft-sided luggage.
11. DOCUMENTATION: United States citizens traveling outside the U.S. must carry proof of citizenship. Document requirements vary depending on your destination and are subject to change. It is your responsibility to get the most current information and required documentation prior to your departure. The documentation requirements in effect at time of printing are as follows: FOR MEXICO and BAHAMAS: If you are a U.S. citizen, you must carry a valid U.S. Passport. Students under the age of 18 traveling alone to Mexico must carry a notarized parental consent form signed by BOTH legal guardians. If letter shows only one parent signature or traveling with only one parent, traveler must also have 1) a notarized copy of the deceased parent’s death certificate or 2) a copy of the divorce decree showing sole custody. FOR BAHAMAS: A valid U.S. passport is required. GRAD WEEK assumes no responsibility for any changes in documentation requirements, nor are we responsible for carriage or entry into the destination city for any passenger not having proper documentation. NON U.S. Citizens/Legal Residents need to contact their appropriate consulate office for documentation requirements. FOR HAWAII: Valid state or government issued photo I.D. (driver’s license). It is the Participant's sole responsibility to have proper travel documentation. No refunds will be issued to participants who are denied boarding due to lack of proper travel documentation or misbehavior. Visit www.travel.state.gov/travel for the most current Travel Document Requirements for U.S. Citizens. The land and air carriers are not held responsible for any act, omission, or event during the time that passengers are not on board their craft and/or conveyances. We reserve the right to decline, accept, or retain any tour member, as a participant of these tours, at any time.
12. JURISDICTION AND VENUE: The terms and conditions set forth herein are governed by, and are to be construed in accordance with, the laws of the State of California. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret any term or condition or to enforce any right and/or legal remedy, such action must be brought in a State or Federal court in the State of California with a venue in the County of Sacramento.
13. PERSONAL EXPENSES: Prices include only those services specifically stated in the brochure. Items such as food, clothing, room service, telephone calls, purchased activities, tipping, and other items not specifically mentioned in the brochure are not included.
14. SELLER OF TRAVEL: GRAD WEEK is registered as a seller of travel services in the states of California, Washington, Nevada and Florida and is a registered Hawaii travel agency. Respective sellers of travel registration numbers are: California #2079143-40, Washington #602-524-335, and Nevada #2002-0822. Please check website for updated information. Registration as a Seller of Travel does not constitute approval by the State of California.
Right of California Customer to Make Claim on the California Travel Consumer Restitution Fund: In the event of the default of GRAD WEEK, you may be eligible for a refund of up to $15,000 from the California Travel Consumer Restitution Fund. If you as a travel participant or as the person making payment on behalf of the travel participant (a “California customer”) are located in California at the time of your purchase, you have a right to make a claim against the Fund for a refund of any money paid to GRAD WEEK that is due because of the bankruptcy, insolvency, cessation of operations, or material failure to provide transportation or travel services sold. The claim must be filed within one year after you become aware of your loss. For a claim form and additional information, write to: Travel Consumer Restitution Corporation, P.O. Box 8474, Northridge, CA 91327. Non-California customers are not covered by California Travel Consumer Restitution Fund and are not eligible to file a claim against that Fund in the event of the default of GRAD WEEK.
Nevada - Recovery Fund for Consumers Damaged by Sellers of Travel: You may be eligible for payment from the Recovery Fund if you have paid money to a seller of travel registered in this state for the purchase of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. To obtain information relating to your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery Fund, you may contact the Nevada Consumer Affairs Division of the Department of Business and Industry at the following locations: Southern Nevada: 185 East Sahara Avenue, Suite 101, Las Vegas, Nevada 89104, 702-486-7355(phone), 702-486-7371 (fax), ncad@fyiconsumer.org , Northern Nevada: 4600 Kietzke Lane, Building B, Suite 113, Reno, Nevada 89502, 775-688-1800 (phone), 775-688-1803 (fax), renocad@fyiconsumer.org .
15. FLIGHT SCHEDULES/CHANGES/DELAYS: Flight times are not guaranteed and may affect actual length of time in destinations. Any flight information provided prior to departure is considered tentative and is subject to change in accordance with this agreement. Therefore, it is the sole responsibility of the tour participant to reconfirm both outbound and return flights. Flight delays are unfortunate, but are an inherent risk in air travel. Flight delays, missed night accommodations and expenses incurred due to flight delays, and missed connections to/from charter or scheduled flights are beyond the control and responsibility of GRAD WEEK and ISTW. GRAD WEEK is not responsible for persons failing to board the appropriate flight on time. GRAD WEEK will not compensate any person for additional transportation costs incurred should they miss their flight. GRAD WEEK is not responsible for any luggage and/or carry-on items at the flight departure, airport/hotel transfers, hotel check-in/check-out, or at any other time. It is your responsibility to ensure that your belongings are placed on the correct flight and transfer bus and brought to your assigned room. Please be sure that all belongings have current identification tags attached. By signing this agreement, the participant signifies his or her understanding that GRAD WEEK offers supplemental luggage insurance and that the participant either has procured such insurance or has chosen to travel without it. If forces beyond GRAD WEEK’s reasonable control (i.e., storms or other natural disasters, transportation strikes, etc) cause the trip to be extended, the participant must pay or reimburse GRAD WEEK for all extra costs associated with such trip extension (i.e., lodging, meals, and transportation). In the unlikely event the entire trip is canceled due to circumstances beyond GRAD WEEK’s reasonable control, GRAD WEEK will refund the entire trip price to the participant, less any non-refundable service or other changes incurred by GRAD WEEK.INTERNATIONAL FLIGHTS: The operation of these flights is subject to the foreign governments involved granting landing rights for the flight. If the air carrier cannot obtain these rights, the flight will be canceled and a full refund, less any non-refundable service charges will be made to the participant.
16. ALCOHOL CONSUMPTION POLICY: GRAD WEEK does not provide, promote, or profit from the use of alcohol in any of its programs. The drinking age in the Republic of Mexico and the Bahamas is 18 years old. The drinking age in Hawaii is 21 years old and the restaurants, bars and nightclubs require identification and proof of age to consume alcohol. GRAD WEEK has contractual relationships with ground tour operators in Mexico and the Bahamas who sell optional activity packages to our travelers. Some of these packages may make alcoholic beverages available. Some activities occur in locations that serve alcohol. Excessive use of alcohol can result in injury and severely impaired judgment. GRAD WEEK does not condone the use of alcohol.
17. PARTICIPANT RESPONSIBILITY: You are responsible for your actions on the entire tour, beginning and ending with air flights. GRAD WEEK AND ISTW STAFF ARE NOT CHAPERONES. It is your decision and choice to participate or not to participate in activities. Activities are not mandatory; they are voluntary. Your decision to participate is not actionable against GRAD WEEK or ISTW. Further, you are responsible for the consequences of your participation. You should be aware of the risks and possible danger inherent in traveling and in various water/resort activities in which you may, at your own discretion, voluntarily participate. Your participation in such activities is entirely voluntary, and if you choose to participate in such activities, you do so at your own risk. Inappropriate and/or illegal behavior can be cause for eviction from your hotel and/or the program without refund for the unused portion of the trip and can be cause to be sent home at your expense.
:Please check travel advisory boards for your particular destination. Final trip documents will be sent to you, your group leader, or campus representative 5-10 days prior to departure. Documents will not be sent until full payment and a signed copy of the Tour Participant Agreement is received in our office. GRAD WEEK cannot be responsible for lost or misdirected mail. Changes and updates in your address and phone number should be submitted in writing or online at www.gradweek.com .
18. AIRCRAFT: We use a combination of scheduled carriers as well as charter flights. The charter carriers are as follows, but not limited to: American Trans Air, Tran Meridian, Sun Country, Ryan Air, Miami Air, Champion Air, Omni Air, Pan Am, World Airways, Pace Airlines, Northwest, Casino Air, Mexicana Airlines, North American Airlines, Southwest Airlines.
19. HOTELS: Cancun: Oasis Beach, Oasis Cancun, Gran Caribe Real, Gran Costa Real, Sheraton, Hyatt Regency, Hyatt Caribe, Marriott, Omni, Fiesta Americana, NH Krystal, Hilton, Park Royal, Melias, Ambiance Villas, Oasis Viva Palace Hotels, Rui, Best Western Hotels, Intercontinental Presidente, Westin; Nassau: Hilton Colonial, Raddison, Nassau Beach, Wyndham Hotels, Nassau Palms Resort, Atlantis, Holiday Inn; Puerto Vallarta: Buenaventura, NH Krystal Aqueduct & Villas, Velas Vallarta, Sheraton, Marriott; Cabo San Lucas: Comfort Inn, Tesoro Los Cabos Resort, Holiday Inn Hotels, Best Western, Fiesta Americana, Fiesta Inn, Hilton, Howard Johnson, Intercontinental Presidente, Solymar Suites, Sheraton, Hotel Hacienda Beach Resort, Calinda Cabo San Lucas; Hawaii: Island Colony, Double Tree, Aston Hotels, Castle Resort Hotels, Ohana Hotels, Ocean Resort Waikiki, Waikiki Beach Hotel, Best Western Hotels, Miramar Waikiki, Breakers, Waikiki Beachcomber, Marc Resort Hotels, Radisson, Park Shore, Marriott, Hilton Hotels, Marine Surf Waikiki, Outrigger Hotels, Sheraton Hotels, Pacific Beach Hotel. In case of hotel overbooking, Grad Week will relocate you to a property of equal or superior value at no extra cost to you.
20. DISABLED ACCESSIBILITY: Hotels, transportation services, and other facilities in foreign countries are not necessarily disabled accessible. If you have a disability that requires accommodation or special assistance, you must notify us in advance. Upon written request, information will be provided to you regarding accessibility to various facilities.
21. SHARING OF INFORMATION: Because our travel services are offered in conjunction with the services of other companies such as airlines, hotels, and other tour operators, GRAD WEEK may be sharing your personal information with those companies. We may share the following information: Name, address, phone, birth date, gender, and school you attend or teach at, and/or email. GRAD WEEK may also share this information with other non-related companies, unless you inform GRAD WEEK in writing that you do not consent to sharing of your information to non-related companies. GRAD WEEK may capture the Tour on film and digital images and use photos, videos and digital images for its marketing materials, including but not limited to brochures, internet websites, mailers, etc. As a result, you may notice people taking photos, shooting videos, and/or asking comments of you and your friends during the Tour. We appreciate your participation in our photos, videos, and evaluations, and GRAD WEEK reserves the right to use these to promote and advertise future tours.
22. ENTIRE AGREEMENT: The terms of this agreement shall serve as a complete release and express assumption of risk for the undersigned trip participant, his or her parent(s)/legal guardians(s), heirs, assignees, administrators, executors and all members of his/her family. I/we have read and fully understand the provisions and legal consequences of this voluntary release/assumption of risk, and I/we hereby agree to all of its conditions.
*Re-Usable: Original deposit may be reused on a GRAD WEEK Travel Program within the next 3 years, provided you are cancelled prior to March 1, 2008. This deposit is only fully creditable under the full refund provisions of Section 7 of this Agreement.
The legal drinking age in Mexico is 18 and is seldom enforced. In Hawaii, the legal drinking age is 21 and the restaurants, bars and nightclubs require identification and proof of age to consume alcohol. Some activities occur in locations that serve alcohol. ISTW or GRAD WEEK does not offer, endorse or encourage the use of alcohol at any time during its Tours.
Parent(s)/Iegal guardian(s), if you are under 18 years of age) must read, sign and return this Statement of Informed Consent and Disclosure of Limited Liability to GRAD WEEK if you and/or your parents/guardians fail to sign and return this Form, as indicated, you may forfeit your right to travel on the Tour. If you participate on the Tour without signing and returning this Form, IT shall have the right to presume that you and your parent(s)/guardian(s) (if applicable) have read it and consent to its contents. BY EMBARKING ON THE TOUR, YOU VOLUNTARILY ASSUME ALL RISKS INVOLVED IN SUCH TRAVEL, EXPECTED OR UNEXPECTED. THIS FORM MUST BE FULLY SIGNED AND RETURNED TO OUR OFFICE PRIOR TO TRAVEL! You may send the signed document to our office by mail, or may FAX the completed reverse side (signed and dated) to (925) 944-5850.
1. The Tour is organized, promoted, and staffed by I.T. This is not a school or district organized event. The school and school district accept no responsibility for the activities of the trip participant or the tour company.
2. All service providers (including, but not limited to, air and ground transportation, hotel/resort accommodations, entertainment and restaurant establishments, recreational services/providers, etc.) used are independent contractors of I.T. and I.T. acts only as an intermediary between these service providers and the trip participants. I.T. shall not be responsible for any injuries, damages, or losses caused to any trip participant in connection with mechanical or construction failures or difficulties, social or labor unrest, diseases, local laws, climatic conditions, abnormal conditions or developments, terrorist activities or other actions, omissions or conditions outside I.T.'s reasonable control. If you have a question or concern while on-site regarding the service(s) provided on-site by any of I.T.'s service providers, please inform an I.T. staff member immediately and we will do our best to assist you.
3. The trip participant assumes complete and full responsibility for, and hereby releases I.T. from, any duty of checking and verifying any and all passport, visa or other entry requirements of each destination, and all safety and security conditions of such destinations, during the length of the Tour. U.S. citizens are required to carry proper documentation of U.S. citizenship (i.e., valid U.S. passport, original or certified copy of birth certificate with a valid government issued picture I.D. or naturalization papers). Foreign nationals must consult their local consulate for documentation requirements. Participants under 18 years old must have a notarized parental permission form signed by both parents. It is the sole responsibility of the Participant to obtain proper citizenship and travel permission documents. It is the responsibility of the trip participant to have and keep safe his/her proper travel documentation.
4. The transportation to your destination and thereabouts will be provided by independent airline and transportation companies. I.T. is not responsible for persons failing to board the appropriate flight on time, every time. Each traveler will be informed of transportation departure times. Any person not on the flight at time of departure will be left behind and will be solely responsible for his/her own transportation thereafter. I.T. will not compensate any person for additional transportation costs incurred. I.T. is not responsible for any refunds of monies due to aircraft or equipment mechanical problems, weather difficulties, road closures, strikes, or any situations caused by acts of God.
5. I.T. will provide assistance during hotel check-in and generally during flight check-ins. I.T. is not responsible for any luggage and/or carry-on items at the flight departure, airport/hotel transfers, hotel check-in/check-out, or at any other time. It is your responsibility to ensure that your belongings are placed on the correct flight and transfer bus and brought to your assigned room. Please be sure that all belongings have current identification tags attached. By signing this document, the trip participant signifies his/her understanding that I.T. offers supplemental luggage insurance and that the trip participant has either procured such insurance or has chosen to travel without it.
6. During the Tour, you should be aware of the risk and possible danger inherent in traveling and in various water/resort activities in which you may, at your own discretion, participate. Such activities include, but are not limited to, swimming, snorkeling, SCUBA diving, parasailing, flying, boating, surfing, jet skiing, water skiing, motor vehicle rentals, attending nightclubs and night activities, ground or other tours offered by local vendors/merchants, and any other sporting event or physical exertion. YOUR PARTICIPATION IN SUCH ACTIVITIES IS ENTIRELY VOLUNTARY, AND IF YOU CHOOSE TO PARTICIPATE IN SUCH ACTIVITIES, YOU DO SO AT YOUR OWN RISK. I.T. SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR INJURY THAT MAY RESULT FROM YOUR PARTICIPATION IN ANY SUCH ACTIVITIES. DURING THE TOUR, YOU SHOULD USE COMMON SENSE AT ALL TIMES. YOU SHOULD NOT TAKE ANY UNNECESSARY RISKS AND SHOULD AVOID POTENTIALLY DANGEROUS SITUATIONS. ALL TRIP PARTICIPANTS SHOULD USE THE "BUDDY SYSTEM" DURING THE TOUR, AND SHOULD NOT WALK OR TRAVEL ALONE, ESPECIALLY AT NIGHT. Shoes should be worn on-site at all times reasonably possible. Should an emergency situation arise or an injury occur, immediately inform appropriate emergency response workers, and I.T.'s staff, of the situation/injury. Each trip participant should have valid family medical insurance prior to traveling on the Tour and I.T. strongly encourages you to purchase supplemental trip insurance.
7. I.T. may capture the Tour on film and use photos and videos of it for its marketing materials, including but not limited to brochures, internet websites, mailers, etc. As a result, you may notice people taking photos, shooting videos, and/or asking comments of you and your friends during the Tour. We appreciate your participation in our photos, videos, and evaluations, and I.T. reserves the right to use these to promote and advertise future tours.
8. The legal drinking age in Mexico is 18 and is seldom enforced. In Hawaii, the legal drinking age is 21 and the restaurants and bars generally require identification and proof of age to consume alcohol. I.T. does not offer, endorse, or encourage the use of alcohol at any time during its Tours. Trip participants are treated as adults on the Tour and are expected to behave responsibly at all times. I.T. assumes no responsibility for age verification of any trip participant. I.T. will not tolerate the use or possession of illegal drugs/weapons, destruction of property, fighting, or other illegal acts. Illegal drugs/weapons, destruction of property, fighting and illegal conduct are NOT ALLOWED on this Tour. By signing below, I/we signify my/our understanding that I.T. has the right to enforce its trip rules and standards. I/We understand that the undersigned trip participant may be evicted from the hotel, removed from the Tour without a refund for the unused portion of the Tour and at the undersigned trip participant's own expense, and/or may face possible arrest by local, state or federal authorities if he/she violates these rules and standards. I/We also understand that foreign countries (i.e., Mexico) have rules/laws, customs and languages different than those within the United States. During tours to foreign countries, all trip participants should observe and respect these legal and cultural differences and should treat the people who live in and around the Tour destination with courtesy at all times.
TRIP PARTICIPANT CONSENT AGREEMENT & MEDICAL RELEASE
I have read and understand both sides of this Statement of Informed Consent and Disclosure of Limited Liability, along with the terms and conditions contained in the Trip Brochure for the Tour destination. Without in any way limiting the enforceability of the terms and conditions set forth in the Trip Brochure, I understand that by signing this Form, I have agreed to limit I.T.'s liability for personal injury, property damage and other harms to me that may be incurred in connection with I.T.'s services. I also release I.T. from certain liabilities as stated herein and in the terms and conditions and I agree to reimburse I.T. for any emergency expenses which I.T. may incur on my behalf I understand that I.T. has the right to enforce its rules and standards affecting the conduct of participants on the Tour. I also understand that I may be evicted from the hotel, or even removed from the Tour and/or asked to leave the Tour destination without a refund for the unused portion of the Tour and at my or my parent(s)'/guardian(s)' own expense (if additional expenses are incurred) if I violate I.T.'s rules and standards. I understand that I.T. will not tolerate the use or possession of illegal drugs/weapons, the destruction of property, or fighting. I am aware that the legal drinking age in Hawaii is 21, and is a loosely enforced age of 18 in Mexico. I agree to act responsibly and use common sense at all times during the Tour. I give my permission to I.T.'s staff and/or available medical personnel to provide emergency medical treatment to me in the event of an emergency.
PARENT(S)/GUARDIAN(S) CONSENT AGREEMENT & MEDICAL RELEASE
(If trip participant is not 18 years old now)
I/We certify that I/we am/are the parent(s)/Iegal guardian(s) of the trip participant identified below. I/We have been advised by ITI and understand that the legal age to drink alcohol in Hawaii is 21, and is a loosely enforced age of 18 in Mexico. As such, independent suppliers (i.e., hotels, restaurants, clubs, etc.) at the Tour destination may sell beverages containing alcohol to individuals on the Tour. I/We have been advised by I.T. and understand that I.T. has hired staff to accompany trip participants to the Tour destination and to help them enjoy their stay. I.T.'s staff is provided for general assistance and informational purposes only. They are not chaperones or temporary guardians. I/We understand that trip participants are treated as adults during the Tour and are expected to act responsibly and use common sense at all times. I/We have read and understand both sides of this Statement of Informed Consent and Disclosure of Limited Liability, along with the terms and conditions set forth in the Trip Brochure for the Tour destination. Without in any way limiting the applicability of the terms and conditions, I/we understand that by agreeing to the terms and conditions and this Statement of Informed Consent and Disclosure of Limited Liability, I/we have agreed to limit I.T.'s liability for personal injury, property damage, and other harms to the trip participant identified below that may occur in connection with I.T.'s services. I/We also understand that I/we have agreed to release I.T. from certain liabilities as previously stated herein and in the terms and conditions and that I/we have agreed to reimburse I.T. for any emergency expenses which I.T. may incur for the benefit of the trip participant. I/We give my/our consent for the trip participant identified below to participate in the Tour. I/We give my/our permission to I.T.'s staff and/or available medical personnel to provide emergency medical treatment to the undersigned trip participant in the event of an emergency.
VOLUNTARY RELEASE / ASSUMPTION OF RISK
In consideration of, and as part of the payment for, the right to participate in the Tour or other related activities arranged for the undersigned trip participant by I.T. and its agents, employees, associates, affiliated companies, or independent contractors, I/WE HEREBY EXPRESSLY ASSUME ALL OF THE ABOVE RISKS, including, to the extent permitted by law, the risks of negligent or reckless acts or omissions of I.T., its agents, employees, officers, directors, associates, affiliated companies, and independent contractors, and I/WE DO HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD I.T. and its agents, employees, officers, directors, associates, affiliated companies, and independent contractors HARMLESS against any and all liability, actions, causes of action, debts, suits, claims and demands of any and every kind and nature whatsoever (whether based on personal injury, property damage, or otherwise) which I/we now have or which may hereafter arise out of or in connection with the Tour or the undersigned trip participant's participation in any activities arranged or facilitated by I.T., its agents, employees, associates, affiliated companies, and/or independent contractors or vendors. THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for the undersigned trip participant, his/her parent(s)/Iegal guardian(s), heirs, assignees, administrators, executors and all members of his/her family. I/WE HAVE READ AND FULLY UNDERSTAND THE PROVISIONS AND LEGAL CONSEQUENCES OF THIS VOLUNTARY RELEASE/ASSUMPTION OF RISK, AND I/WE HEREBY AGREE TO ALL OF IT'S CONDITIONS. I/We acknowledge that in calculating the cost of the Tour, I.T. has relied on my/our consent to these terms and on their enforceability. In the absence of this Release, the Tour cost would have been higher. I/We acknowledge that there are other means and tours available and that I/we are not in an inferior bargaining position. Thus, I/we freely enter into this Release. None of the persons signing this document are agents, servants or employees of I.T. and no oral representations or inducements have been made to any of them to sign this Agreement. If any portion of this Agreement is held invalid, it is agreed that the balance shall continue in full legal force and effect. This Agreement, and its terms, are to be construed under California law.
SPECIAL MEDICAL OR HEALTH SITUATIONS & REQUIREMENTS
I, the undersigned trip participant, do not have any serious health or medical situations of which I am aware that would preclude me from participating on this Tour. following conditions are noted to make I.T. aware of my special circumstances that I am currently managing without assistance (i.e., diabetes, wheelchair, medication, etc.). List special circumstances here (or attach a separate sheet if necessary):____________ __________________________________________________________ _____________________________________________________________________________________.
DISPUTE RESOLUTION
In consideration for the various services I.T. will provide to the undersigned trip participant now and during the Tour, I/we agree that any dispute or controversy between us arising from or in any way related to the Tour, or Tour activities, shall be resolved by binding arbitration conducted in San Francisco, CA before a single neutral arbitrator in accordance with the Rules of Arbitration of the American Arbitration Association. I/We sign below to indicate my/our acceptance of the forgoing.
EMERGENCY CONTACTS (REQUIRED)
Emergency Contact 1: _____________________ (H) ( ____) ___________________ (W) ( ____) _________________
Emergency Contact 2: _____________________ (H) ( ____) ___________________ (W) ( ____) _________________
TRIP PARTICIPANT (REQUIRED) MOTHER/GUARDIAN (Required if participant is not 18 years old now)
Name:_______________________________ Name:_________________________________________
(Please Print) (Please Print)
Signature: _____________________ Date:___/___/___ Signature: ________________________ Date:___/___/___
Address: ___________________________ FATHER/GUARDIAN (Required if participant is not 18 years old now)
___________________________
Name:__________________________________________
(Please Print)
Signature:______________________ Date:___/___/___
Account #:__________________ Date of Birth:___/___/___
School/Group:_________________ Destination:_____________________
Return to: INVASION Tours - 25-A Crescent Dr., PMB-415, Pleasant Hill, CA 94523 or Fax Signature Page to (925) 944-5850
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