EUROPEAN FOCUS
PRIVATE TOURS
4152
Independence Court Suite C-1
Sarasota,
FL 34234 USA
Tel:
+1.941.330.0877 Fax: +1.941.330.0878
Private
Tour Contract and Liability Waiver
Date: 10 October, 2014
Tour Participant:
Name: _____________________________________________
Mailing address:______________________________________
City:________________________________State___________
Zip_______________________
E-mail address:_______________________________________
Telephone:__________________________________________
Tour
Dates:
Tour Participant’s Starting
Point:
Tour Participant’s Ending
Point:
Tour Location(s):
Designated Tour Guide: James
A. Derheim
Tour Price per person: --- Euro
For
mutual consideration, the sufficiency of which is hereby acknowledged, the
undersigned Tour Participant agrees as follows:
European
Focus Private Tours will provide a driver, translator, organizer and/or guide
(“Tour Services”) for a private tour as outlined in the attached itinerary
(“Itinerary”) on the Tour Dates. The Tour Price includes cost of meals as
outlined in the tour itinerary, transportation for the Itinerary from the
Starting Point to the Ending Point, hotel accommodations for the places set out
in the Itinerary, and entrance fees for the places set out in the
Itinerary.
(Sample) The
Designated Tour Guide will meet the Tour Participant and party at the Munich
International Airport after their arrival on Monday, September 5, 2016 and will
accompany the Tour Participant and party to the locations and events described
in the Itinerary, and will accompany the Tour Participant and party to the
Frankfurt International Airport on Sunday, September 18, 2016. In the event the
Tour Participant arrives later, the Itinerary will be adjusted so that the tour
will commence at the places reserved in the Itinerary corresponding to the date
of actual arrival.
Upon
receipt by European Focus Private Tours of this contract and the attached
Statement of Policy, which is a part of the contract, both fully executed by
the Tour Participant and the Deposit, the Tour Dates will be reserved by
European Focus Private Tours for the benefit of the Tour Participant and will
be considered fully purchased and not subject to cancellation. European Focus
Private Tours shall have no obligation to provide any part of the Tour Services
unless the Total Tour Price has been received by European Focus Private Tours.
In the
event a cancellation request is received within one hundred twenty (120) days
of the scheduled Tour Dates, European Focus Private Tours is entitled to, and
has the sole discretion
to: (i)
retain the Deposit and any payments made by the Tour Participants, as defined
in the Payment section of this contract; and (ii) immediate payment of the
remaining Tour Price balance.
Payments
The Tour Price: ____ Euro per person based on a total group
size of ___.
Deposit amount to reserve
Tour Dates: 1,500 Euro per person
The tour price is payable
only in Euros.
Clients may pay in US
dollars and by personal check.
We will provide exchange
rates based on published data using www.x-rates.com
Followed by: Balance due on ______
Converted to dollars on that
date. You may pay by check.
Waivers of Liability
The Tour
Participant, by signature below, acknowledges that there are risks associated
with travel, including but not limited to injury, illness, delay,
unavailability or inadequacy of accommodations or service, inclement weather,
labor strikes, equipment failure, acts of terrorism and other factors which may
interfere with the satisfactory completion of the tour and the Itinerary. The Tour Participant assumes the risk of any
of these events and of in convenience, injury, harm or damage to themself and
to their property. The Tour Participant
acknowledges that suppliers of travel services, including but not limited to
those providing transportation, lodging, and meals, are independent contractors
and that European Focus Private Tours is not responsible for their actions or
their failures to act.
The Tour
Participant, hereby releases and agrees to hold James A. Derheim and Jenean
Derheim, European Focus Private Tours, and their and its employees, agents,
representatives, affiliated and parent companies harmless from all liability
and claims of damage for harm or loss, including but not limited to those for
bodily injury, death, property damage or other loss arising out of or
associated with the tour or any aspect of participation in it or the Itinerary,
except those caused by the gross negligence or bad faith of European Focus
Private Tours or its employees. Should this waiver and release be deemed
inapplicable to any claim, in no event shall James A. Derheim or Jenean
Derheim, European Focus Private Tours, or his and its employees, agents,
representatives, affiliated and parent companies be liable for any damage or
loss, singly or in the aggregate, whether claimed in contract, tort or
otherwise, in an amount which exceeds the amount actually paid by the Tour
Participant to European Focus Private Tours as the Tour Price. This waiver and release shall be binding upon
the heirs, estate, assignees, beneficiaries and other representatives of the
Tour Participant.
Miscellaneous
Except
as otherwise provided in this contract, this contract may be modified only by
written and signed consent of all parties hereto.
This
contract is governed by Florida Law.
Should a
judicial proceeding arise concerning this contract, jurisdiction and venue shall solely and exclusively lie in the Florida
Twelfth Judicial Circuit.
Should a
judicial proceeding arise concerning this contract, the parties waive their
right to have any matters concerning the enforcement of this contract heard by
a jury.
Should
any proceeding, judicial or otherwise, arise concerning this contract, the prevailing
party shall be entitled to an award of its attorney’s fees and costs.
Prevailing party shall be determined by the presiding judge.
This
contract may be signed in
counterparts and/or via facsimile signature, and each counterpart shall
constitute an original.
EUROPEAN FOCUS PRIVATE TOURS
____________________________________ Date: _____________
James A. Derheim
Tour Participant:
____________________________________ Date: _____________
print name:
___________________________
European Focus Private Tours
Statement of Policy
European
Focus Private Tours (EFPT) reserves the right to decline to provide Tour
Services to people who do not meet the criteria which EFPT in its sole discretion
determines to be appropriate for the Itinerary. To establish if the Tour
Participants meet these criteria, a telephone interview will take place prior
to the execution of the contract.
Special Needs
EFPT is
not equipped to escort Tour Participants with extreme difficulty in personal
mobility. The Tour Participants must be able to walk at least three city blocks
level distance unassisted and without stopping. The Tour Participants must have
health, accident and/or liability insurance that covers them in Europe. Each
Tour Participant should check with a personal physician regarding the intention
to pursue international travel. Each
Tour Participant should check with an insurer to determine whether the Tour
Participant has a policy which provides coverage during foreign travel. The
Tour Participants should bring with them copies of insurance documents or a
letter from an insurance agent certifying insurance coverage for
hospitalization in the countries included in the Itinerary in case there is a
need for medical services for any reason.
Tour
participants must be able to lift their leg to a height of at least 16 inches.
This is required not only to get in and out of the van with ease, but also to
be able to get in and out of bathtub and shower combinations, which are the
most common type of facility in European hotels and inns.
Trip Cancellation Insurance and Payments
EFPT
does not refund any part of the Tour Price in the event of the cancellation,
postponement, or discontinuation of the Tour.
The Tour Participants must have Trip Cancellation and Interruption
Insurance in case illness or other unforeseen events require the cancellation,
postponement, or discontinuation of the Tour. EFPT shall have no obligation to
provide any part of the Tour Services unless the cover sheet of a policy for a
suitable Trip Cancellation and Interruption Insurance policy has been received
from the Tour Participants by EFPT within 15 calendar days of payment of the
Deposit. Local travel agencies or EFPT
can put Tour Participants in touch with insurers. James A. Derheim, European Focus Private
Tours is a licensed agent for “Travel Guard” trip insurance underwritten by
AIG.
Special Diet Needs
EFPT
will use commercially reasonable efforts to arrange for meals which meet the
dietary needs of Tour Participants, but EFTP shall have no obligation to Tour
Participants to assure that special dietary needs are met. EFPT has no
obligation to assure the availability of food that meets any diet restriction
that has not been disclosed on the dietary restriction work sheet, which is
part of the pre-contract interview.
Trip Plan and Itinerary
A
complete, detailed itinerary will be provided to the Tour Participants before
the Arrival Date. This itinerary will include contact numbers and the names of
the hotels the Tour Participants will be using so that the Tour Participants
can be reached in the event of an emergency.
Today’s Date: ____________
Please
initial below, stating that you have read, understood, and agree to the
conditions of the Policy Statement.
Tour Participant __________
Return the Tour Contract and Policy Statement by mail with your deposit
check :
European Focus, Inc.
4152 Independence Court Suite C-1
Sarasota, FL 34234
USA
Fax : +1 941.706.4509