Friday, October 17, 2014

Tour Contract (Sample)



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