TERMS & CONDITIONS
1. PAYMENT TERMS
1.1. Payment. Client shall strictly comply with the Payment Schedule on or before the due date. Perform International (“PI”) accepts payment by check or, with a 3% surcharge, Visa and MasterCard. Checks should be made payable to Perform International, LLC.
1.2. Additional Deposits. From time to time, PI may request one or more deposits over and above those set forth in the Payment Schedule (the “Additional Deposits”). Additional Deposits may be required because of travel during peak periods, the unique nature of the facilities, or any other matter which, in PI’s sole opinion, requires an additional deposit. PI will consult with Client’s tour organizer before making a request for an Additional Deposit, but PI’s decision whether an Additional Deposit is necessary is final. Client shall pay an Additional Deposit within thirty (30) days of the request by PI.
2. DUTIES AND OBLIGATIONS OF PI
2.1. Scope and Exclusivity. PI shall have the duties and obligations set forth in this Section 2 and no others.
2.2. Services Supplied by PI. PI will provide the transportation, transfers, airfare, lodging and services specified in the attached tour brochure on the terms provided herein. PI reserves the right to vary itineraries and/or destinations and to substitute hotels if circumstances beyond its control necessitate such change(s).
2.3. Services Excluded by PI. All transportation, charges, services or other items not specifically identified in the tour brochure for this trip are not covered and must be paid by Client separately. Excluded services and items include, but are not limited to, tips to local guides; meals and beverages other than those noted in the tour brochure; expenses of a personal nature such as laundry, telephone, valet, etc.; porterage for hand-carried luggage; passport and visa fees; free time activities; optional excursions and coach driver and guide/escort gratuities.
2.4. Special Equipment and Excess Luggage Needs. Special technical equipment (including musical instruments), excess or oversize luggage and the transportation for such are not included. Any piece of luggage/equipment over 50 pounds or exceeding 62 inches (length+ width+height) is subject to additional charges.
3. LIMITATIONS ON LIABILITY AND INDEMNIFICATION
3.1. Limitation on Liability of PI. PI, its agents and cooperating organizations expressly disclaim all responsibility and/or liability of any nature for loss, damage or injury to property or person due to any cause whatsoever occurring during a tour under its management, except damage caused by the gross negligence of PI.
3.2. Client’s Indemnification. Client shall hold PI, its agents, employees, contractors and affiliated organizations harmless from, and indemnify and defend same against, any and all claims or liability for any injury (including death) or damage to any person or property whatsoever occurring during the tour, or any part thereof, when such injury or damage has been caused in part or in whole by the act, neglect, fault, or omission of Client, its agents, servants, employees, or invitees. The provisions of this Paragraph 3.2 shall survive the expiration or termination of this Agreement with respect to any claims or liability occurring prior to such expiration or termination.
4.1. Right to Cancel. Client shall be entitled to cancel this Agreement only upon the terms set forth in this Section 4.
4.2. Cancellation Schedule. Subject to the terms of the remainder of this Section 4, and provided that Client has made all payments required under the Payment Schedule, Client may cancel this Agreement by providing written notice of the cancellation to PI. Upon providing such notice, subject to Section 4.3 below, Client is entitled to return of any deposits less the applicable cancellation fee as set forth in the Cancellation Schedule set forth below.
The following fees apply for cancellations:
At any time prior to 120 days before departure the cancellation fee is $300;
From 120 to 91 days before departure the cancellation fee is $500;
From 90 to 61 days before departure the cancellation fee is $700;
From 60 to 46 days before departure the cancellation fee is $1200; and
From 45 days before departure until the departure date the cancellation fee is (full tour cost).
4.3. Limitations on Cancellation. Notwithstanding the provisions of the preceding Section 4.2, upon providing notice of cancellation to PI, Client shall not be entitled to refund of any deposits which have been used by PI to reserve space or fares if the deposits for space or fares are non-refundable to PI from the providers. Further, in the event that the payments or deposits made by Client are less than the amounts paid by PI to reserve space or fares which are non-refundable, Client shall not receive any funds pursuant to the Cancellation Schedule and shall remain liable to PI for any shortfall. Client shall remain liable to PI for any actual damages to PI resulting from Client’s cancellation of the Agreement.
5. RULES AND REGULATIONS
Client agrees to abide by all Rules and Regulations of PI, a copy of which has been furnished to Client. Failure of Client to comply with the Rules and Regulations shall constitute a breach of this Agreement.
6. CLIENT’S BREACH AND DEFAULT
6.1. Breach. Upon the breach of any term of this Agreement, including but limited to failure to strictly comply with the payment terms, failure to timely make Additional Deposits, or violation of any of the rules and regulations of PI, PI may, at its option, declare the Client in default and terminate its obligation to perform further under this Agreement. Upon any breach of this Agreement, by failure to make payments or otherwise, PI may, in its sole and absolute discretion, allow the Client to remedy the breach by making the required payments or deposits, or by otherwise performing as required. However, all late payments, if accepted by PI, will be charged a late fee of one and one-half percent (1½ %) of the unpaid balance per month.
6.2. PI’s Remedies. Upon any breach this Agreement, by failure to make a payment, or otherwise, Client forfeits its entire deposit and PI may attempt to reschedule, resell or reuse any goods or services previously purchased or reserved for Client’s benefit including, but not limited to, air or other transportation and hotel accommodations.
7. JURISDICTION AND GOVERNING LAW
Any dispute of any kind arising out of or from a claimed breach of this Agreement shall be resolved in the Superior Court of El Paseo County,
Colorado, and Client consents to venue and jurisdiction in that Court. Client further agrees that all disputes arising from this Agreement shall be resolved in accordance with Colorado law.
8. ATTORNEY’S FEES
In the event of any legal action or proceeding arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and related costs incurred in such action and such amount shall be included in any judgment rendered in such proceeding.
No waiver by PI of any provision of this Agreement or of any breach by Client hereunder shall be deemed to be a waiver of any other provision hereof, or of any subsequent breach by Client of the same or any other provision. PI’s consent to or approval of any act by Client requiring PI’s consent or approval shall not be deemed to render unnecessary the obtaining of PI’s consent to or approval of any subsequent act of Client.
All notices, demands or other communications in this Agreement provided to be given, made or sent by either party to the other shall be deemed to have been duly given, made or sent when made in writing and deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective party at the appropriate address set forth in the Initial Terms.
11. INTEGRATION AND AMENDMENTS
The provision of this Agreement, including these Terms and Conditions and any Rules and Regulations of PI, supersede any oral or written agreement between the parties, and any such oral or written agreement is hereby integrated into this Agreement. To the extent it conflicts with this Agreement, any information found in any advertising material, brochure, or website is hereby superseded by this Agreement. Any amendment to or revision of this Agreement must be in writing and signed by both parties.
12. ACTS OF GOD
Client shall have the option of (1) taking a refund pursuant to the provisions for cancellation above, or (2) selecting an alternate program through PI if the tour is canceled by reason of any Act of God, such as war, labor dispute, martial law, state of emergency, earthquake, or the like.
13. TRAVEL CONDITIONS
13.1. Hotels. Hotels utilized are doubles/twins. Each room will have private facilities, including shower or bath. A supplement surcharge is applicable to participants in single accommodations.
13.2. Fluctuations, Substitutions with Group. Client may, under certain circumstances, substitute another person in their stead. Substitutions on flights are allowed subject to the terms of the airline contract. The addition of a new person is charged at the best price available. PI will use its best efforts to keep the new person at the group rate.
The following fees apply for substitutions:
On or after 180 days before departure the substitution fee is $50
On or after 120 days before departure the substitution fee is $100
On or after 90 days before departure the substitution fee is $150
On or after 60 days before departure the substitution fee is $350
On or after 45 days before departure the substitution fee is $1000
Substitutions are not possible less than 5 days before departure
*PI must receive the substitution deposit/payments before making a refund to the Client.
13.3. Rooming List and Late Changes. PI must receive the rooming lists no later than 45 days prior to departure from Client’s tour organizer. Late changes in the rooming list, including name changes, additions and deletions are subject to a late change/penalty of $25 per person. This charge covers the costs of administrative expenses, long distance telephone calls, over-night mail charges, etc.
13.4. Flight Arrangements: All flights will be by scheduled I.A.T.A. carriers with the routing and scheduling at the discretion of PI. Tour price is based on mid-week travel and air fare flying round trip from the location stated in the tour brochure. Any increase in air fare shall be borne by the participant. Airline taxes and fuel surcharges are not included in price. The operators providing transportation are not responsible for any act, omission or event during the time that passengers are not on board their aircraft or conveyances. PI has no responsibility or liability of any nature whatsoever for loss, damage, or injury to property or person resulting from the provision of air or motor coach transportation. The price of a vacant seat and the cost of segments of the program lost due to missing scheduled departure or absences during the tour cannot be refunded. If Client misses any included transportation segment (e.g. flight, transfer, bus or train departure), Client is responsible to make arrangements for and to pay the cost of rejoining the group.
13.5. Deviations: Late return deviations are sometimes permitted from the original city of departure, for a minimum fee of $175, if the class of service is still available at time of booking and if the carrier’s fare rules permit the change. All deviations must be applied for by writing, faxing or emailing your request to Perform International. When a deviation is confirmed by the airline, passengers will be notified and invoiced for all charges incurred for their deviation. Each subsequent change is subject to an additional $50 processing fee, plus airline fees once confirmed. Deviations are difficult, especially during high season, so requests must be made as early as possible. Clients who deviate must arrange for their own ground transportation to and from the airport.
14. FREQUENT FLYER PROGRAM MEMBERS
If Client desires to use frequent flyer miles for free tickets, Client will need to book its flights directly with the airline and purchase a “Land Only” package from Perform International. Perform International is unable to provide ticket copies after departure for mileage credits. Client should check with their preferred carrier to determine if Client qualifies for any mileage accrual.
15. LAND ONLY
Any Client choosing the ‘Land Only’ package after their initial full-tour reservation has been made in writing, faxing or emailing, is subject to a $50 change fee up to 60 days prior to departure. Anyone changing to a ‘Land Only’ option 60 to 0 days prior to departure will be subject to a $1,000 change fee. If Client chooses the ‘Land Only’ option must arrange for their own ground transportation to and from the airports and any mid-tour flights.
16. TOUR PRICES
The services specified are based on a minimum of number of passengers. If this quota is not reached, the price of the tour will be increased proportionately. All tour prices quoted for transportation and land arrangements are based on rates (including foreign exchange rates) and taxes in effect at time of publication and are subject to change. Adjustments will be made when the exchange rate varies more that 5% at 120 days prior to departure. Confirmation of final air and land prices and taxes will be advised at that time.
17. TRAVEL INSURANCE
Travel insurance is highly recommended to cover trip cancellation/interruption, travel delay, emergency medical, baggage delay and accidental death coverage through MH Ross.