Book Now
top of page

The Culinary Adventures Ltd Booking Conditions

For All Culinary Tours 

Please read them carefully as you will be bound by them. References to “you” and “your” and “passenger(s)” means all persons named on the booking (Booking Party) (including those added at a later date) “We”, “us”, “our” means Culinary Adventures Ltd.

 

Your Booking Conditions

1) Making your booking

We will confirm your holiday by issuing a confirmation invoice to the party leader who confirms they have authority on behalf of the Booking Party including minors (under the age of 18) to make a booking and accept these booking conditions on behalf of everyone in the Booking Party. You are responsible for obtaining and providing all information and payments required by us in accordance with these booking conditions. A binding contract comes into existence when we issue the confirmation invoice.

Please check your documents carefully and contact us immediately if any information on any document is incorrect. We cannot accept any liability if we are not notified of any inaccuracies in any document within 10 days of our sending it out (5 days for tickets). You may contact us by e-mail at info@thecookstale.co.uk or call us on 01227 200777

 

2) Payment

The relevant deposit must be paid to confirm your booking. 50% of the remaining balance must be paid 6 months before the departure date. The remaining balance of the holiday cost is due 75 days prior to the departure. If full payment is not made on time, we will cancel your booking and keep all payments paid at that date and levy the cancellation charges shown in clause 8. If booking within 75  days of departure, full payment must be made at the time of booking. 

A binding contract comes into existence when we issue the confirmation invoice.

 

3) Your financial protection

We are Culinary Adventures  Ltd , 14-15 Beer Cart Lane, Canterbury, CT1 2NY, Kent, England

Our ticketing agent holds an Air Travel Organiser's Licence issued by the UK Civil Aviation Authority (ATOL number 6985). When you buy an ATOL protected flight or flight inclusive package from us, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit, you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent or your credit card issuer where applicable. You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. The Civil Aviation Authority can be contacted at Gatwick Airport South, West Sussex, RH6 0YR, UK tel +44 (0)333 103 6350, e-mail claims@caa.co.uk www.caa.co.uk.

 

 

4) The price of your holiday

Please note, advertised prices may have changed by the time you book your holiday and errors occasionally occur.  You must check the price of your chosen holiday at the time of booking. We reserve the right to change prices and correct errors in advertised prices at any time before or after your holiday is confirmed. Subject to the correction of errors or amendment costs, once your booking is confirmed we can change your holiday price only in certain circumstances: Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power services, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports, or exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 20 days of your departure. We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (any price difference if the alternative is of a lower value can be used towards an optional excursion, towards a future Culinary Adventures holiday or refunded), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel:1) you must do so within the time period shown on your final invoice 2) We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

 

5) Special requests

Special requests, must be advised at the time of booking. Unless specifically confirmed by us in writing, all special requests are subject to availability and may incur an additional charge at your hotel. Please note that any special requests will not be binding and do not form part of your contract.

6) 'No flight' holidays: your responsibility

Sometimes we may be able to offer tour or cruise-only holidays subject to availability. Please call for details. If you choose one of these holidays, your tour or cruise will begin at the hotel or ship stated in the itinerary. You must make your own travel arrangements, including any flight or rail travel, plus transfers to the first hotel or ship, and onwards from the final hotel or ship. We will not be liable for the cost of any travel arrangements you put in place if the tour or cruise is cancelled or the starting point of your cruise or tour in destination has changed. You must send us details of your travel arrangements at least eight weeks prior to your departure. It is your responsibility to ensure that you arrive at the stated embarkation point at the required time for any ship that forms part of your holiday. If you are late, whilst we will make reasonable efforts to assist you in joining the ship, this may not be possible and in such circumstances your holiday will be treated as cancelled and you will not be entitled to any price reduction, refund or any other compensation.

7) Changes by you

You can transfer your booking to another person who satisfies all the conditions applicable to the contract by giving us notice in writing as soon as possible and no later than 7 days before departure. Such a transfer may incur fees, charges or other costs and we will inform you of these before the transfer is confirmed. You and the person to whom your booking is transferred will be responsible for paying any fees, costs and/or charges we incur in making the transfer.  Any amendments other than name changes and transfer of your booking to another person are discretionary and we may not be able to agree to them. Any amendments we agree after issue of the confirmation invoice will incur an administration fee of at least £15 per person plus any costs incurred by us and or charged by our suppliers. Some amendments may be treated as a cancellation of the original booking which will require payment of the applicable cancellation fee. A change of holiday dates is a cancellation of the original booking and the cancellation charges in clause 8 apply. Name changes are allowed 7 days or more prior to travel. All costs must be paid before the amendment can be affected.

 

8) Cancellation by you

Subject to clause 30 below, you can cancel your holiday at any time by writing (letter or email) to us at our offices. Cancellation will be effective when received by us. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as set out below. Where a percentage is shown, this is a percentage of the total cost of your holiday.

Please note that if you cancel any insurance premiums you have paid, these may be non-refundable as they do not form part of your holiday contract.

All touring holidays

Period before departure within which written notification of cancellation is received by us

Cancellation charge per person cancelling

90 days or more – 20% of holiday cost.

 

90 to 60 days – 30% of holiday cost

deposit

60 to 45 days – 90% of holiday cost

50%

45  days or less 100% of holiday cost

95%

100%

In addition, change or cancellation of flights and other transport costs can result in 100% cancellation charges irrespective of the date of cancellation. Part cancellation will require recalculation of the holiday price and we will re-invoice you accordingly. If a cancellation results in single occupancy of a cabin or hotel room, a single person supplement will be payable except where 100% cancellation charges have been paid by the person cancelling.

You can cancel your holiday without paying cancellation charges if unavoidable and extraordinary circumstances occur at your holiday destination which significantly affect the performance of your holiday.

9) Insurance

You must have valid and appropriate travel insurance for the full duration of your trip. You should ensure that your policy provides at least comparable cover to the guideline on our brochures. We may ask you to provide evidence of your travel insurance and if you cannot do so or do not purchase any such insurance we will not allow you to travel and will treat your holiday as cancelled with the applicable cancelation fee being due.

 

10) Changes or cancellation by us

  1. Changes to confirmed holiday arrangements sometimes have to be made and we reserve the right to do so in accordance with this clause. Most changes will be insignificant and we have the right to make these. Where an insignificant change is made before departure, we will notify you in writing. No compensation is payable for insignificant changes. Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your contract. Where we have to do so, clauses 10(4) and 10(5) will apply. 

  2.  All alterations which are not significant in accordance with Clause 10(1) will be treated as insignificant changes. Insignificant changes include, but are not limited to; a change of flight time of less than 12 hours, change of airline, change of departure airport between London airports, change to the type of aircraft (if advised) or destination airport. 

  3. Our holidays require a minimum number of passengers to enable us to operate them and we reserve the right to cancel any holiday where this minimum number is not achieved by notifying you not less than 20 days prior to departure. Failure to achieve this minimum number does not, however, oblige us to cancel. 

  4. If we have to significantly alter any of the main characteristics of your confirmed arrangements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) if you do not wish to accept the alteration, details of any substitute package we are able to offer (and any price reduction where this is of a lower quality or cost, or any price increase where this is of significantly higher quality or cost); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any substitute package offered; and (iv) the period within which you must inform us of your decision and what will happen if you do not do so. 

  5.  If you choose to cancel your booking in accordance with clause 10(4), we will refund all payments you have made to us within 14 days of the date we receive your written cancellation. No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (as defined in clause 11).

  6. Occasionally, it may be necessary to cancel confirmed holiday arrangements. We reserve the right to terminate your contract for any reason but we will not do so after the date for payment of the balance of your holiday price has passed unless this is due to unavoidable and extraordinary circumstances. If (i) we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances (see clause 11) and we notify you of this without undue delay or (ii) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been achieved and we notify you of cancellation for this reason as referred to in clause 10(3). We will refund all monies you have paid to us within 14 days of the date we inform you of the cancellation but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred. We may be able to offer you comparable alternative arrangements which you may choose to book in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 2 will apply

  7. In the event that unavoidable and extraordinary circumstances occur in the place of destination of your holiday or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges.

11) Unavoidable and extraordinary circumstances

We cannot accept liability or pay any compensation where the performance of our obligations is prevented or affected, as a result of unavoidable and extraordinary circumstances. This means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemics, pandemics, fire, closure, restriction or congestion of airspace, airports and ports, an operating ban on the carrier due to perform your flight, UK Foreign, Commonwealth & Development office advice and all other events outside our control.

12) Our liability to you  

1) We are responsible for the proper performance of the travel services included in your contract. This means we, or our supplier(s) of services must perform those travel services with reasonable care and skill. You must inform us without undue delay of any lack of conformity to the contract which you perceive during your holiday.

2) If any of the travel services are not performed in accordance with the contract, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to: (i) you or another member of your party; or (ii) a third party unconnected with the provision of the travel services in the holiday contract and is unforeseeable or unavoidable; or (iii) unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.

3) Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. 

4) Our liability (including liability for death, injury or illness) will also be limited in accordance with and/or in an identical manner to:

(a) The contractual terms of the companies that provide the travel services that make up your package. These terms are incorporated into this booking; and

(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.

6) Where your contract includes carriage on inland waterways the liability of the carrier to all passengers shall be determined in accordance with the Convention on Limitation of Liability for Maritime Claims. The limit for claims involving death or personal injury is 175,000 SDR per passenger per carriage. The Strasbourg Convention as amended applies to vessels navigating on waterways located in the territory of a state party which limits passenger claims involving death or personal injury to 60,000 SDR per person subject to a maximum of 6,000,000 SDR.

(7) You can ask for copies of the travel service contractual terms, or the international conventions.

(8) Under EU Law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted. 

(9) If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary acommodation, if possible, of equivalent category, for a maximum of three nights. The limit does not apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.

(10) This entire clause 12 does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday. We are not responsible for any services which do not form part of our holiday contract with you.

(11) Please note, the travel services we have agreed to provide or arrange as part of our contract will be subject to the laws and applicable standards of the country in which they are provided. This means that on occasions, you might find standards to be lower than those you are used to in the UK.

13) Complaints and problems

All complaints and any problems must be reported whilst on holiday at the time you become aware of them and confirmed in writing. If you remain dissatisfied you must write to us within 28 days of your return to the UK with booking reference and full details of your complaint.

 

15) Behaviour and damage

You are responsible for any damage or loss caused by you. Full payment for any such damage or loss must be made on demand as soon as possible. If in our or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we shall be entitled to terminate your holiday and/or require you to leave the accommodation or other service. We will have no further responsibility to you. No refunds will be made. You must not solicit other persons for commercial purposes or advertise goods or services without our prior written permission.

16) Conditions of suppliers

You are bound by the terms and conditions and conditions of carriage of our suppliers and independent contractors which we incorporate into these booking conditions which may limit or exclude liability to you.

17) Passports, visas, health & entry requirements

For guidance we will provide general passport, visa and other entry requirements (including passenger locator forms) applicable to our holidays, together with details of any compulsory health requirements. It is, however, your responsibility to ensure you comply with passport, visa and other entry requirements (including passenger locator forms and compulsory health requirements), and you are aware of all recommended vaccinations and health precautions.

We cannot complete visa applications or passenger locator forms on your behalf. We will not accept any liability if you are refused entry onto any transport or into any country due to failure on your part to comply with these requirements.

18) Foreign travel advice

The Foreign, Commonwealth and Development Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice which we recommend you consult before booking and in good time before departure.

To the best of our ability, we will provide you with up-to-date information at the time of your booking in relation to Covid-19 requirements and restrictions at your destination and where possible, we will endeavour to keep you updated with any significant developments that affect your booking. It is your responsibility to ensure you are aware of any and all Covid-19 requirements at your destination and in your home country on return, including testing requirements which may be required prior to travel, whilst on holiday and on return. We accept no liability for any issues that occur from your failure to keep yourself updated. For regularly updated government advice please refer to the government website at https://www.gov.uk/foreign-travel-advice

19) Flights

We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in our brochure, website and/or on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions and the ability of passengers to check in on time.

Specific instructions relating to departure and travel arrangements will be sent with your travel documents approximately 2 weeks before departure. Please check your tickets very carefully to ensure you have the correct flight times. Flight times may be changed even after tickets have been despatched - we will contact you as soon as possible if this occurs. Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements.

20) Brochure / website / advertising material accuracy

The information contained in our brochure, website and other advertising material is believed correct to the best of our knowledge at the time of publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.

21) Children

We have age restrictions on all our holidays. Under 18 year olds can not be accommodated on our holidays.

22) Health and safety

You must attend all mandatory safety briefings and drills at the commencement of the holiday and any subsequent briefings or drills required during the holiday by any carrier or supplier.

You must at all times comply with rules and regulations and the orders and directions of carriers and our suppliers and warrant that your conduct will not impair the safety of others.

We, carriers, our suppliers and/or the relevant authorities are entitled to administer a public health questionnaire at any time. You must complete the questionnaire and supply accurate information regarding any symptoms of illness. We may deny boarding to any passenger who has symptoms of any illness. You must report illness or any symptoms of illness and you may be required to remain in your cabin or hotel room as required by the ship’s captain or the hotel manager. Refusal to comply with any of these procedures may result in your holiday being terminated. We have no liability to you in the event that we cancel or curtail your holiday for the reasons referred to in this clause.

 

 

23) Food Allergies

If you have any food allergies which may cause significant health issues, you must report this in writing at the time of booking or as soon as convenient. It is your responsibility to ensure that you actively avoid any food you are allergic to and make all appropriate enquiries to establish the ingredients of any food. The supplier is not under any obligation to prepare or provide special meals.

24) Smoking

Passengers must observe the non-smoking policy on board the ships, hotels and other transport provided.

25) Indemnity

You must indemnify us and the carrier for all penalties, fines, charges, losses or expenses incurred or imposed upon us, the carrier or our suppliers by virtue of an act or violation of law by you and or any breach of these terms and conditions or any carrier’s or suppliers terms and conditions of conditions of carriage.

26) Pregnancy

Airlines and hotels do not have doctors or facilities to deliver babies or provide-natal treatment. We recommend that women that are pregnant seek medical advice prior to travel.

For safety reasons women past their 24th week of pregnancy cannot be carried on board. Airlines also have restrictions.

Pregnant women are required to produce a fitness to travel certificate based on the proposed holiday itinerary and transport provider’s requirements. The carrier expressly reserves the right to refuse passage to board to any passenger who appears to be in an advanced state of pregnancy and the carrier shall have no liability whatsoever in respect of either such refusal and/or the carriage.

27) Medical facilities/treatment on board and ashore

Should you require medical attention during your holiday then local medical services can be contacted for emergency treatment. The cost of such treatment is your sole responsibility. We are not be liable for any aspect of medical treatment provided to you ashore or in resort.

If you have any medical condition which may need treatment during a holiday, this must be disclosed at the time of booking in order for a risk assessment to be undertaken as to whether you can be safely carried. You may be asked to provide medical evidence for this purpose. Carriage is dependent on the nature and extent of the medical condition, the itinerary and length of cruise.

In relation to other holidays please notify us in writing of any medical or reduced mobility needs at the resort or on transport provided by us. This includes adapted hotel rooms and assistance at airports.

28) Disability/wheelchairs and service animals

During our holidays, we visit many historical sites and often enjoy walking tours of various places of interest. Some holidays, therefore, may not be suitable for clients of impaired mobility. Before you make your booking, we will advise you as to whether the proposed holiday arrangements are generally suitable for someone with reduced mobility.  However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.

Our priority is always the comfort and safety of passengers as well as complying with the strict legal requirements relating to safety of life at sea and inland waterways. In order to achieve these objectives, passengers with reduced mobility or disability or who need assistance dogs should at the time of booking provide as much detail as possible. Passengers may be required to be accompanied or may be refused carriage. You warrant that you have considered the information to passengers for reduced mobility and disabilities and that you have made all relevant notifications to us.

Disabled rooms in hotels are limited in number and so must be pre-booked and subject to availability.

29) Assistance whilst away

In the event you end up in difficulty (of any sort) during your holiday, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.

30) Security

Weapons, ammunition, explosives, substances that are hazardous, disabling, or illegal, or any other article that in the sole opinion of the captain may be considered dangerous, are strictly prohibited aboard the ship or carried on any form of transport or hotels.

You consent to a reasonable search being made of your person, property, cabin, hotel room and to the removal and confiscation or destruction of any object which may, in our opinion or that of any carrier or supplier will impair the safety of others or of property or be illegal or inconvenience others.

31) Data Protection

We are a data controller for the purposes of the EU General Data Protection Regulation (GDPR) and Data Protection Act 2018 (data protection laws). Personal data will be collected, processed, stored and used securely and in accordance with our privacy policy and data protection laws. Please see our data protection privacy policy.

32) Law and Jurisdiction

Save as provided by law and subject to the provisions of the Regulation all claims must be brought in the English courts which shall have exclusive jurisdiction and shall be subject to English law.

33) Covid-19 Vaccination Requirements

Covid-19 Vaccination Requirements For your peace of mind, it is mandatory for all guests travelling with Culinary Travel to be fully vaccinated against Covid 19 (by approved UK Health Authority) and in accordance with current UK Government requirements. We reserve the right to request confirmation that all members of the party are carrying the required certification. Should any member of the party be unable to provide the required certification, we reserve the right to cancel the travel arrangements and the normal cancellation charges apply. Additionally, you must advise us if during your holiday you have any symptoms of Covid-19, however mild they may be. The symptoms include but are not limited to, high temperature or fever, a new continuous cough, shortness of breath or difficulty breathing, a loss or change to your sense of taste or smell, muscle aches, headaches, and fatigue.

Legal Terms Waiver and Release of Claims

Consent to Medical Attention and Grant of Rights

By purchasing tickets for and participating in the Culinary Travel tours (“Tours”) offered by Culinary Travel ltd (the “Company”), and in consideration for my being allowed to participate in the Tours, the receipt and sufficiency of which is hereby acknowledged, I, and if I am not yet 18 years old, my parent or legal guardian (individually and collectively referred to below in the first person singular) agree to be bound by each of the following provisions of this waiver, release of liability, indemnification, consent to medical attention and grant of rights (“Waiver”) :

  1. Voluntary Participation. I understand and confirm that my participation in the Tours is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the Tours.

  2. Comprehension of Risk. I fully comprehend and accept all of the risks associated with my participation in the Tours including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. I understand that the Tours take place in public venues under conditions largely beyond Company’s control.

  3. Assumption of Risk. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Tours. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Tours.

  4. Release of Liability; Limitation of Damages. I hereby forever and unconditionally release Company and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the Tours, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. Company’s liability to me will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in the Tours is cumulative and not per incident. In no event shall Company be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if Company has been informed of the possibility thereof.

  5. Indemnification. I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in the Tours.

  6. Binding Effect. This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors and assigns.

  7. Consent to Medical Treatment. I authorize Company to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Company to provide such assistance, transportation, or services.

  8. Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.

  9. Promotional Release. I hereby grant to Company the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the Tours, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). Company has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogs, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that Company is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to Company an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.

THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN THE TOURS, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY. PARTICIPATION IN THE TOURS BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.

bottom of page