TRAVELS TERMS & BOOKINGS CONDITIONS
| 1. Contracting Parties | 6. Local Trips and Excursions |
| 2. Booking and Payments | 7. Insurance |
| 3. Trip Description | 8. Limited Liability |
| 4. Participant Responsibilities | 9. Cancellation Policy |
| 5. Air Bookings | 10. Cancelled Trips |
THE TRAVELS TRIP CONDITIONS
| Rooming | Special Travel for Individuals | |
| Standard Rooms | Private Group | |
| Special Travel Requests | Terms and Provisions | |
| Special Meal Requests |
THE TRAVELS RELEASE AND AGREEMENT
THE TRAVELS TERMS & BOOKING CONDITIONS
These terms and booking conditions apply for all trips departing on or between January 1, 2010 and December 31, 2013. THE TRAVELS is the daily business name of THE TRAVELS LLC. For the sake of clarity, we’ll refer to ourselves below simply as “THE TRAVELS.” THE TRAVELS reserves the right to change these terms and conditions without notice.
1. CONTRACTING PARTIES
1.1 The booking conditions detailed herein contain the entire contract between you and THE TRAVELS. No representation, term, warranty or condition can be expressed or implied by reference to any other writing, advertisement or conversation.
1.2 Your contract is with THE TRAVELS LLC and THE TRAVELS reserves the right to nominate to you in writing any other company or person to have the benefit of some or all the provisions of this contract, which THE TRAVELS may then specify, as if you had agreed to the provisions concerned directly with that company or person.
1.3 THE TRAVELS acts as a booking agent and contracts directly with boats, hostels, hotels, guest houses, and other service providers. All bookings with carriers and other service providers are subject to their terms and conditions and limitations of liability. It is important to note that some of these limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage. THE TRAVELS cannot accept any responsibility for any loss or damage as a result of such actions or as a result of any act of error or omission of any such third parties.
1.4 Many accommodation arrangements provided by THE TRAVELS are contracted to third party providers. They are subject to the terms and conditions, and limitations of liability, imposed by the provider.
2. BOOKING AND PAYMENTS
2.1 To make a booking and guarantee your participation on any THE TRAVELS Trip, you must agree to the terms and conditions listed below, and provide payment in full.
2.2 To initiate a booking you must first register online at the company’s web site www.TheTravels.com, chose a trip and submit all required participant information and submit the minimum deposit. Upon confirmation of your deposit, THE TRAVELS will issue you a confirmation number. This confirmation number is required for participation in the selected trip.
2.3 Please read and fully understand the payment schedule and pay in advance to avoid any additional fees or cancellation for non-payment.
2.4 Upon confirmation of your booking and receipt of full payment, subject to availability and at the discretion of THE TRAVELS; THE TRAVELS will reserve your seat on the selected trip. It is the responsibility of you, the customer, to check the accuracy of the booking and the dates of travel.
2.5 Trip Payment schedule reflect deadlines for which 100% payment of your trip tuition must be received and cleared at The Travels.
Greater than 60 days prior to departure:
The specific payment schedule for early bird rates are described in the trip description.
60 - 31 days prior to departure:
The balance on your account (this means the remainder of your Trip Tuition and any other charges) must be received and cleared by THE TRAVELS by this time.
30 - 16 days prior to departure:
The balance on your account is overdue! A $100 per person late fee is added to your tour balance. We cannot mail final travel documents and airline tickets, if applicable, until accounts are paid in full.
Late payments must be made either via credit card, bank transfer, cashier's check or money order payable to THE TRAVELS LLC.
Late Applications:
If you’re just now enrolling, your application is considered a Late Application. Once we have received your full payment, including a $75 Late Application Charge, you will be placed on a waiting list while we check trip component availability. If we are unable to place you on a trip or offer you an alternative you will receive a full refund.
15 days prior to departure:
Warning! Cancellation if unpaid
If you have not paid in full, THE TRAVELS will cancel your reservation and the Standard Cancellation Policy will apply.
15 days prior to departure:
This is the final deadline for submitting late applications.
Note: We cannot accept applications 14 days or fewer prior to departure.
2.6 About your payments: All trip tuitions and fees should be paid directly from our website
or may be sent directly to:
SCOTT MAC SCOTT CTM
THE TRAVELS LLC
24 BLEVINS ROAD
KERHONKSON, NY 12446
Include the following information with your payment: your name, names of other family members traveling in your family group, the name of your trip and the start date of your trip. A $45 processing fee will be charged for returned checks
3. TRIP DESCRIPTION
3.1 A specific listing of what is included and not included in the trip is stated in the trip description under the headings “Included in the tour” and “Not included in the tour”
3.2 Unless otherwise stated in the trip itinerary, THE TRAVELS provides a professional Trip Manager to accompany you throughout your trip. This Trip Manager is most often Scott MacScott who is a recognized leader in the world Tour Management industry.
3.2 Depending on the type of trip and itinerary, other products and services including meals, transportation, activities and accommodations will be provided as detailed on the tour description previously provided for each trip. Please refer to your trips description for the specific class of hotel and type of transportation provided. Room preference is subject to availability.
3.3 Itinerary changes: It may be necessary for THE TRAVELS to modify the order in which cities are visited, alter the duration of stay in a city or country, arrange ground transportation to an alternate airport, etc. This may also involve a change in the departure, arrival or return date of a trip. Due to the unpredictable nature of travel or particular dates of travel, some trip inclusions may be unavailable. In this case, THE TRAVELS reserves the right to substitute inclusions at its discretion. Reasonable changes in itinerary may be made where deemed advisable for the comfort and well-being of the participants.
4. PARTICIPANT RESPONSIBILITIES
4.1 It is your responsibility to make sure you have a valid passport, and all necessary visas, permits or certificates on your person for your selected trip. THE TRAVELS is not liable for any problems, delays or denied entry in the event you are not in possession of valid travel documents.
4.2 You agree to comply with the authority of the THE TRAVELS Tour Manager, and the laws and regulations of the countries visited, including customs and foreign exchange restrictions. If you do not comply with said reservations, you will be asked by the THE TRAVELS Tour Manager to leave the trip. You are not eligible for refunds under such circumstances.
4.3 There may be times when the THE TRAVELS Tour Manager must make a decision for the safety and/or best interests of the group. It is a condition of booking that you comply with the authority and decisions of the THE TRAVELS Tour Manager. If you do not comply, or if in the opinion of the THE TRAVELS Tour Manager, you are not compatible with the general enjoyment of the group or the smooth operation of the trip, THE TRAVELS reserves the right to refuse to allow you to continue with the trip. You agree that THE TRAVELS has the exclusive right to dispel you from a trip at anytime, without any claims or complaints by you against THE TRAVELS or any agent of THE TRAVELS. In such a case THE TRAVELS will not be liable for any refund, compensation, or additional costs incurred by you.
4.4 It is your responsibility to meet the transportation or Tour Manager provided by THE TRAVELS at the correct time and location, as specified in your trip details and itinerary. In the event you miss a planned departure, any extra travel costs incurred are paid by you. It is your responsibility to check in with the THE TRAVELS Tour Manager 15 minutes prior to the specified departure time. Due to the nature of the services provided, THE TRAVELS will not be liable if any service departs or arrives later than the specified time, even if as a result you miss a connecting service.
4.5 THE TRAVELS may not be held responsible for your personal belongings. It is your responsibility to look after your belongings. THE TRAVELS cannot be held responsible for loss, theft or damage to any of your personal belongings, regardless of the circumstances.
4.6 The products offered by THE TRAVELS are travel packages consisting of Tour Manager Services and other accommodations, meals and activities as specified by the itinerary/tour description. Due to the consistent needs of the group as a whole, THE TRAVELS Trip Managers cannot offer constant special attention or assistance should you have any physical disability requiring such attention.
4.7 You agree that THE TRAVELS may take photographs and video while you are participating on a THE TRAVELS trip. You agree that these images may be used for marketing and/or promotional purposes by THE TRAVELS. These images may be used in, but are not limited to, brochures, pamphlets, websites, print media and promotional videos. These images may be used for publicity and advertising without THE TRAVELS obtaining further consent or payment for the use of the images. If you would not agree with pictures taken of you for the purposes detailed above, please express this when you meet your Tour Manager on the 1st day of the trip.
4.8 THE TRAVELS does not in any way condone or encourage the consumption of alcoholic beverages by those under 21. While THE TRAVELS trips operate in countries where the drinking age is less than 21, THE TRAVELS cannot be held responsible for those under 21 who decide to consume alcoholic beverages.
4.9 Those over 21 who choose to consume alcoholic beverages do so at their own risk and at their own responsibility.
4.10 Those that do drink alcohol, regardless of age, do so at their own risk and accept full responsibility for their actions as the result of such activity. THE TRAVELS is not liable or responsible for any results, consequences, damages, fines, etc. arising out of such activity, including but not limited to, personal injury or death, property damage, imprisonment, fines, expulsion from trips, or any other negative consequences. THE TRAVELS strongly encourages trip members to always act responsibly and in compliance with all local and federal laws and guidelines.
4.11 Prescribed medication clause. Every THE TRAVELS trip member or client must continue to take all physician-prescribed medication while on a THE TRAVELS trip. Any costs arising from situations or emergencies that result from complications of not taking prescribed medication are the sole responsibility of that trip member, and THE TRAVELS will not be liable. In addition, that trip member will be held responsible for costs to continued business of THE TRAVELS arising from emergencies relating to this issue.
4.12 It is your responsibility to select a trip appropriate to your abilities and interests. Trip members are held responsible for being in sufficient good health to undertake the trip.
4.13 Trip members are responsible for preparing for the trip by studying the itinerary and pre-departure information packets sent by THE TRAVELS and for bringing the appropriate clothing and equipment as advised therein.
5. AIR BOOKINGS
5.1 THE TRAVELS typically do not make air arrangements for departures because we feel trip participants will find lower fares by booking flights directly with the airline or other sources. In making your reservations, we urge you to beware of budget airfares, especially domestic tickets in connection with international flights. These tickets are usually nonrefundable, nontransferable and valid only for stated dates. Travel in and to the countries where we find our adventures is subject to delay and schedule changes; if you purchase a highly restrictive ticket, you may find it will not adapt to changes and may be completely worthless. If you buy a nonrefundable ticket or one that carries large cancellation/change penalties, you do so at your own risk. THE TRAVELS is not responsible for the payment of such penalties or the purchase of a new ticket for any reason whatsoever.
5.2 If THE TRAVELS does secure your airfare: THE TRAVELS reserves seats with Air Canada, American, British Airways, Continental, Delta, KLM, Northwest, United, US Airways, Virgin Atlantic Airways and other domestic and international carriers. (The passenger contract in use by each airline, when issued, shall constitute the sole contract between the airline and the purchaser of the trip.) THE TRAVELS reserves the right to use charter flights. Due to available flight routing, we cannot guarantee non-stop flights. Due to space availability and size of available aircraft, we cannot guarantee that all members of a group will fly together on the same flight. In rare cases, groups may have a domestic and/or international overnight, layover and/or bus transfer due to space availability, routing and legal connection times. THE TRAVELS cannot be held responsible for airline schedule changes or mechanical or weather-related flight delays. In some cases, groups may travel on an overnight “red-eye” flight, departing the evening before the trip is scheduled to begin. You will receive your seating assignments at the time of check-in. Our contracts may not allow upgrades, stopovers or the accrual of frequent flier miles. Interchangeable airports: Flights to and from the following destinations may originate/end at any of the airports serving them (listed below). On occasion, your trip may return to an airport in your area other than the one from which you departed:
• New York: Newark, LaGuardia, JFK, Islip, and Stewart International
• Washington, D.C./Baltimore: Baltimore, Dulles, and Ronald Reagan National
6. LOCAL TRIPS AND EXCURSIONS
6.1 You may have the opportunity to purchase from THE TRAVELS local trips and/or excursions at your chosen destination. These Optional trips and excursions are not included in the price of your trip (unless otherwise stated). You are responsible for any additional costs.
6.2 Any trips and excursions purchased by you are run by local operators and you will be subject to their terms and conditions.
6.3 Local trips and excursions purchased through THE TRAVELS are non-refundable and non-transferable. It is your responsibility to meet the trip at the designated departure point and time.
6.4 It is your responsibility to keep track of any local trip and excursion vouchers or tickets issued to you by THE TRAVELS. Lost vouchers or tickets cannot be replaced.
7. INSURANCE
7.1 There is no travel, travel accident, trip cancellation, accident, or medical insurance included in the cost of any THE TRAVELS trip or package, ticket, or product.
7.2 THE TRAVELS strongly recommends that you are covered by a comprehensive insurance policy which includes: personal accident, medical expenses, emergency repatriation, personal baggage, money and public liability, trip cancellation, delays and any other national or international insurance required. By entering into this agreement, you affirm that you have been advised by THE TRAVELS to purchase and be covered by your own national/international emergency medical insurance that covers all of your travels.
8. LIMITED LIABILITY OF THE TRAVELS
THE TRAVELS may not be held responsible for any delay, deviation, or cancellation due to weather conditions. No trip may be cancelled or changed by you at anytime on the basis of weather conditions. THE TRAVELS cannot be held responsible for events beyond its control, such as (without limitation) acts of God, war (whether declared or undeclared), terrorist activities, incidents of politically motivated violence, illness or quarantine, government restrictions, labor disputes (including strikes that are previously announced or spontaneous), border problems or other political or economic factors.; nor, for personal injury, property damage or loss of life, from any event whatsoever caused by persons not controlled by THE TRAVELS, such as (without limitation) the employees or agents of airlines, railways, bus companies, hotels and sub-contracted agents or trip operators. THE TRAVELS may not be held responsible for delays due to mechanical failure, or other issues that may arise and are outside our control. THE TRAVELS trips may be canceled for any reason, including, but not limited to instability in a destination country. Cancellation for country instability will be based on U.S. Department of State travel warnings. THE TRAVELS is not responsible for loss of passports, airline tickets or other documents, or for loss of or damage to luggage or any other passenger belongings. THE TRAVELS is not responsible for locating lost property, unless the loss is due to negligence by THE TRAVELS. In this case, only shipping costs will be charged to the participant. In rare cases, when THE TRAVELS must get involved in the physical retrieval and handling of lost property, a non-refundable service fee of $45 plus shipping costs will be charged to the participant. In the case of a lost airline ticket, the participant is solely responsible for meeting the airline’s requirements (both logistical and financial) for ticket replacement.
9. STANDARD CANCELLATION/CHANGE POLICY
9.1 Cancellations The cancellation policies take into consideration the costs THE TRAVELS incurs long before groups ever depart. Notice of cancellation from a THE TRAVELS trip will only be accepted from the participant. The date of cancellation will be determined by the date on which THE TRAVELS receives written notice. Cancellation refunds can only be made to the person whose name appears on the account; monies cannot be transferred to another account. All cancellation fees, substitution fees or refunds do not include any fees the airline may additionally charge.
9.2 Refunds Refunds for overpayments will be issued only upon written request and after a participant’s check(s) has (have) been in the account for 21 days. Refunds will be issued in the name of THE TRAVELS account. All refund checks are mailed 4-6 weeks after the request has been processed. There will be a non-refundable $45 stop-payment fee for lost refund checks.
9.3 Cancellation/change of a booking by you must be made in writing to THE TRAVELS prior to the day of departure and may incur additional charge including but not limited to airline ticketing and fees.
The following cancellation policies apply:
91 days or more prior to departure:
Full refund less $100 or 10% of tuition, whichever is less
90 to 60 days prior to departure:
Full refund less $250 or 25% of tuition, whichever is less
59 to 50 days prior to departure:
Full refund less 40% of the tuition.
49 to 15 days prior to departure:
Full refund less 60% of the tuition.
14 days or less prior to departure:
No refund will be issued.
9.4 This policy also offers a full refund of the trip tuition up to 60 days prior to departure for cancellation in the event of serious injury or sickness. Exclusions apply. Please make all payments on time to qualify for refunds in accordance with THE TRAVELS Standard Cancellation Policy.
9.5 Change of Trip (Transfers) You may transfer to another trip without penalty by notifying us of your wish to transfer 91 days or more prior to departure. After that time you are subject to the cancellation fees outlined above. This does not apply to trips with nonrefundable deposits.
10. CANCELLED TRIPS
10.1 THE TRAVELS reserves the right to cancel any trip prior to departure for any reason whatsoever, including insufficient sign-up or logistical problems that may impede trip operations. The refund of all land payments received shall release THE TRAVELS from any further liability. A trip canceled due to insufficient sign-up would normally occur at a minimum of one month prior to departure. THE TRAVELS must normally make substantial payments to its suppliers (hotels, transportation companies, etc.) far in advance of the scheduled embarkation date. If a trip is canceled due to force majeure (acts of God, war, labor strikes, earthquake, flooding, etc.), THE TRAVELS will promptly refund the portion of the trip cost not already advanced to suppliers and use its best efforts to recover and refund the balance as promptly as possible. However, THE TRAVELS does not guarantee recovery of any or all of the advance payments made, and our use of best efforts to recover these payments will not include the institution of any legal proceedings in foreign jurisdictions. THE TRAVELS is not responsible for expenses incurred by trip members in preparing for a canceled trip (e.g., nonrefundable advance purchase air tickets, visa fees, inoculations, equipment, etc.) or for any additional arrangements should the trip member have embarked prior to the scheduled group departure date. Once you have been confirmed on a trip that requires a medical certificate signed by a doctor, normal cancellation penalties apply if your doctor does not sign the certificate.
THE TRAVELS TRIP CONDITIONS
Rooming
THE TRAVELS will take care of rooming assignments for all travelers. Each family group will be assigned to one room unless previous arrangements have been made and paid for 60 days prior to the trip. All rooming requests including upgrades must be submitted by 60 days prior to departure. THE TRAVELS is not responsible for any charges accrued to individual rooms.
Standard rooms:
All rooms typically consist of two double beds and can accommodate up to two adults and two children. Roll away beds may be available upon request for an additional charge but cannot be guaranteed. Please contact THE TRAVELS directly if you have any special rooming requests.
Special travel requests
THE TRAVELS is happy to provide stay-ahead/stay-behind options. (However we are not responsible for any inconvenience that is caused by an itinerary modification.) Where possible, THE TRAVELS will provide altered flight and hotel arrangements, according to your request. However, participants are responsible for making their own transfer arrangements to and from the hotel or airport as well as all land arrangements pertaining to there.
Request via fax to 1-212-208-6800 or email This email address is being protected from spambots. You need JavaScript enabled to view it.. Special fees and deadlines may apply. Any forms received after the indicated deadlines will be subject to a non-refundable $30 late fee. Insurance policies do not include stay-ahead or stay-behind option periods.
Special meal requests
Every participant is responsible for communicating THE TRAVELS of its special requests for meals according to special conditions such as vegetarian, any medical condition or certain allergies to specific food. This information must be submitted during your registration process or up to 30 days prior to the trip departure. In order for THE TRAVELS to transmit your special meal request to the providers, the information must be submitted in writing via fax to 1-212-208-6800 or email This email address is being protected from spambots. You need JavaScript enabled to view it., indicating your full name, and specified requests.
Special travel for individuals
All individual special travel requests must be received at THE TRAVELS by 90 days prior to departure and cannot be changed. A $95 service charge is payable for these arrangements, and participants will be invoiced any additional costs incurred due to the new itinerary.
Private group:
For those groups wishing the privacy of their own tour bus and THE TRAVELS Tour Manager, THE TRAVELS offers the “private group” option (available for an additional fee which varies based on the final number of paying participants). The private group option does allow the trip itinerary to be modified while on trip. Your group may still be consolidated with other groups during optional excursions and airport transfers. Requests for this option must be received by THE TRAVELS 90 days prior to departure and cannot be changed after this time.
Terms and provisions
No warranties, representations, terms or conditions apply to any trip unless expressly stated within these “Booking Conditions,” in a Booking Conditions Addendum or in a letter signed by a THE TRAVELS officer. When flights are arranged by THE TRAVELS, your trip begins with the takeoff from your departure airport, and ends upon completion of the flight back to origination airport. When land-only trips are booked (For those making their own flight arrangements), the trip begins upon arrival at the first THE TRAVELS hotel and ends upon departure from the last THE TRAVELS hotel, according to the itinerary. The official length of a THE TRAVELS trip does not include stay-ahead or stay-behind option periods when a THE TRAVELS Tour Director does not escort participants.
THE TRAVELS Release and Agreement
I am an applicant, over age 18 or the parent/legal guardian for a student traveler applicant, for a THE TRAVELS trip provided by THE TRAVELS LLC. (Hereinafter referred to as “THE TRAVELS”).
By clicking upon the “Terms and Conditions Agreement” box during registration, you have digitially signed THE TRAVELS Application and understand and agree to the following:
1. I understand that my trip begins with my arrival upon the hotel on day 1 of the itinerary and ends upon the group’s departure of the hotel during the last day listed on the itinerary.
2. I agree to release THE TRAVELS and its affiliates (which term shall include officers, directors, members, agents and employees of THE TRAVELS as well as THE TRAVELS itself) and my school, my school board and my Campus Representative (the “Released Parties”) from, and agree not to sue the Released Parties for, any claims that I may have arising from, or in connection with, any bodily injury, mental anguish, emotional distress, physical or property damage that I may suffer from any cause whatever related in any way to my participation in any THE TRAVELS sponsored trip. Without limiting the generality of the foregoing, I release the Released Parties from, and agree not to sue them for any bodily injury, mental anguish, emotional distress, physical or property damage that I may suffer from the Released Parties’ negligence other than from intentional or reckless acts. I further agree to release and hold harmless the Released Parties from any and all acts of God, war, strikes or government restrictions, terrorist activities or the acts or omissions of any other agents over which the Released Parties have no direct or indirect control, including, without limitation, airlines, bus companies, railways, shipping companies, hotels, guides and sub-contracted agents or trip operators. This release also includes activities not offered by THE TRAVELS that may be considered risky including, but not limited to, horseback riding, scuba diving, snorkeling, river rafting, etc.
3. I understand that the air carrier’s liability for loss of or damage to baggage or property, or for death or injury to person, is limited by their tariffs, or the Warsaw Convention, or both.
4. I understand and agree that THE TRAVELS shall have no liability or responsibility for me when I am absent from activities supervised by THE TRAVELS Trip Director or for non-THE TRAVELS supervised activities, such as free time, visits to friends or relatives or during stay-ahead/stay-behind option periods if the stay-ahead/ stay-behind period does not include the services of an THE TRAVELS Trip Director.
5. I understand and agree that THE TRAVELS reserves the right to refuse or cancel my registration at their sole discretion. In such event, Standard Cancellation guidelines as outlined in the Booking Conditions apply.
6. I agree to abide by THE TRAVELS regulations and the directions of my trip director or THE TRAVELS personnel during my trip. Failure to do so may result in THE TRAVELS terminating me from the trip immediately. I understand that to disobey such rules or directions is to waive the right to a refund of any part of my Trip Fee, and that THE TRAVELS may then send me home at my own expense.
7. I agree to abide by all local laws when abroad, including those concerning drugs and alcohol. I understand that if I abuse or disobey such laws, even unintentionally, I waive my right to a refund of any part of the Program Fee, and THE TRAVELS may send me home at my own expense. I also understand that should local authorities be involved, I will be subject to the laws of the country I am visiting.
8. I understand and agree that if I become ill or incapacitated, THE TRAVELS and its employees may take any action they deem necessary for my safety and well-being, including securing medical treatment (at my own expense) and transporting me home.
9. I understand and agree that THE TRAVELS has the right to make changes in trip itineraries and departure dates, and to modify transportation arrangements, including the use of substitute airlines. In the event of such changes, refunds will be given only in accordance with the provisions of the Booking Conditions supplied herewith.
10. I understand that it is my responsibility to secure the necessary travel documents (passport and visa[s]) unless specifically arranged for the group by THE TRAVELS. Failure to do so does not constitute grounds for a refund except according to the Standard Cancellation guidelines as outlined in the Booking Conditions.
11. I understand that I will be required to pay for any phone calls or incidental personal expenses that I incur at hotels, as well as for any damage I cause to hotel rooms, buses or other property.
12. I understand that this trip has been designed for students, as reflected in the pacing, content, accommodations and other aspects of the trip.
13. I understand and agree that this agreement and THE TRAVELS Booking Conditions constitute the entire agreement between THE TRAVELS and me with reference to the subject matter herein, and I do not rely upon any promises, inducements or agreements not herein, including but not limited to any oral statements made to me by any agents or employees of THE TRAVELS, or by my school or Campus Representative. This agreement may be amended or modified only in writing, signed by both parties. The unenforceability or waiver by THE TRAVELS of any provision of this Agreement shall in no way affect the remaining provisions of this Agreement, and this Agreement shall be interpreted as if such clause or provision was not contained herein.
14. I understand and agree that this agreement shall be governed in all respects, and the laws of the State of New York hereunder shall judge performance. In the event of any claim, dispute or proceeding arising out of my relationship with THE TRAVELS, or any claim which in contract, tort, or otherwise at law or in equity arises between the Released Parties, whether or not related to this agreement, the parties submit and consent to the exclusive jurisdiction and venue of the courts of the State of New York and of the United States District Court for the County of Nassau.
15. I understand and consent that THE TRAVELS may use any film likenesses taken of me and any of my comments while on a trip of THE TRAVELS for future publicity.
Payment of your deposit represents your acceptance of the following terms and conditions:
• THE TRAVELS gives notice that services provided in connection with its itineraries, including transportation, hotel accommodations, restaurants, and other services, are purchased from various independent suppliers who are not affiliated with THE TRAVELS in any way.
• Although we endeavor to choose the best suppliers available, THE TRAVELS has no right to control their operations and therefore makes these travel arrangements upon the express condition that THE TRAVELS and its own agents and employees, shall not be liable for any delay, mishap, inconvenience, expense, irregularity, bodily injury or death to person, or damage to property occasioned through the conduct or default of any company or individual engaged in providing these services. Each of these passenger conveyance companies, trip companies, hotels, restaurants, etc., is subject to the laws of the state or country where the service is provided.
• THE TRAVELS shall not be liable for (a) expenses such as additional hotel nights and meals not specified in the individual trip itineraries, but which may be required to get to or from a trip start or end; (b) expenses due to the delay of a trip for any reason (e.g. bad weather, trail conditions, landslides, flooding, sickness, or other contingency for which THE TRAVELS cannot make provision; (c) expenses incurred in recovering luggage lost by airlines, belongings left behind on a trip, or in shipping purchases or other good home from abroad; (d) bodily injury or property damage for any reason, including but not limited to acts of God, weather, quarantines, strikes, civil disturbance, theft, default, changes in government regulations, terrorism, war, or failure of conveyance to arrive or depart as scheduled, etc., over which THE TRAVELS has no control.
• The right is reserved to substitute both trip leaders and hotels from those listed in the catalog, as well as, reverse the order of places to be visited and make reasonable changes in the itinerary where deemed advisable for the comfort and well being of the passengers.
• THE TRAVELS reserves the right to take photographic or film records of any of our trips, and may use any such records for promotional and/or commercial purposes.
• THE TRAVELS reserves the right to decline to accept or to restrain from further participation- any person it judges to be incapable of meeting the rigors and requirements of participating in the trip activities, or any person whose actions or deportment it judges unsuitable for group travel. A refund based on the cost of any unused land services already paid for is the limit THE TRAVELS responsibility in such a case.
