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Ah! Toscana! Tours Terms, Conditions
and Release of Liability
General Terms
Please read these
Ah! Toscana! Tours Terms and Conditions and
Release of Liability (the "Terms") carefully. The terms
serve as your contract for all services provided by Ah!
Toscana!, LLC, a limited liability corporation duly
organized, validly existing and in good standing under
the laws of the State of Michigan, with its registered
address at 4853 Goodison Place Drive, Suite 500,
Rochester, MI 48306, acting as
management services provider for limited purposes for
Ah! Toscana! Tours, and for any other services that
you, the tour participant, are receiving in regards to
any tours or tour services organized by Ah! Toscana!
Tours and/or its agents and suppliers. Participation
in services offered by Ah! Toscana! Tours or its
suppliers constitute consent on your behalf and
agreement to the terms specified below.
Liability Waiver and Limitation,
Assumption of Risk
As organizers of tours and travel services, Ah
Toscana! Tours often acts as an agent in making
reservations for services not supplied directly by
Ah! Toscana! Tours. Such services may include, but
are not limited to, tour guides, meals, lodging, ground
transportation, etc. ("travel services"). Ah!
Toscana! Tours will not be responsible for any
supplier's failure to comply with any laws, breach of
contract, or any negligent or intentional actions or
omissions which have as a result any injury, loss,
delay, damage or inconvenience to you, the participant,
in any tours or other services provided directly or
indirectly by Ah! Toscana! Tours.
Additionally, Ah!
Toscana! Tours will not be responsible for any
losses, damages or injury caused to any tour or travel
services participant because of any reason including,
but not limited to, acts of God, public enemy, war,
social unrest, labor strikes or disputes, terrorist
activity, fire, flood, explosion, riot, unavailability
of equipment, any act or order of any governmental
authority or agency or instrumentality thereof, bad
weather, mechanical failures or problems, diseases or
infestations, unforeseen developments, actions, or any
other causes, events or conditions outside of their
control.
Tour and travel services
participants agree to voluntarily assume all risks
involved in their travel, whether foreseeable or
unforeseeable. These risks include, but are not limited
to, medical disruptions and the passenger being unable
to begin, continue or complete travel because of a
personal or medical emergency. Participants agree that
in the case of injury or illness, Ah! Toscana! Tours
may, but shall not be obligated to, at a cost to the
participant, arrange medical treatment and emergency
evacuation services, as Ah! Toscana! Tours deems
essential for the participant's safety.
Ah! Toscana! Tours
reserves the right to cancel tours and services at any
time. In the case of a cancelled tour or other service,
the only responsibility of Ah! Toscana! Tours to
the tour or service participants will be to refund the
cost of the tour or service (minus any funds for
services rendered) to the tour participants.
Unless Ah! Toscana! Tours'
cancellation, actions or omissions are the product of
Ah! Toscana! Tours' gross negligence or willful
misconduct, in no event shall
Ah! Toscana! Tours, its shareholders, quota holders
or members, officers, directors, employees, affiliates
or agents (the "Ah! Toscana! Tours Parties")
be liable for any loss or damages caused by, or due to,
any interruption or cancellation of tours or services,
including but not limited to, any direct, special,
incidental, or consequential damages (including, but not
limited to, damages for loss of revenue or downtime, or
additional costs), any indirect (such as exemplary or
punitive damages in jurisdictions where such damages be
assessed) or any other liabilities, obligations, rights,
claims, or remedies in tort,
even if Ah! Toscana! Tours Parties have been
advised of the possibility of such damages: except in
instances of gross negligence or willful misconduct. In the event of cancellation or
interruption of tours or services, the maximum liability
of Ah! Toscana! Tours will be limited to a full
refund of monies paid to Ah! Toscana! Tours by
the prospective tour participant or services beneficiary
(the "Maximum Liability"), and there shall be no
other warranties to the participants, whether expressed
or implied, in the event of tour or services
cancellation or interruption.
Release and Indemnification
You hereby agree to release, indemnify and hold harmless
Ah! Toscana! Tours, its shareholders, quota
holders, members, officers, directors, employees,
successors, assigns, and agents (the "Indemnifications
Parties") against and from any and all liabilities,
damages, losses, expenses, claims, demands, suits, fines
or judgments, including, but not limited to, reasonable
attorneys' fees, costs and expenses incident thereto,
which may be suffered by you -- the tour participant or
services beneficiary -- as a result of (i) injury in
preparation for, during or immediately after a tour or
rendition of services, (ii) tour or services
interruption or cancellation, and in the event of such
interruption or cancellation only, above and beyond the
Maximum Liability; provided that this release and
indemnification shall not apply in the event such
injury, interruption or cancellation are the proximate
result of the Indemnified Parties' gross negligence or
willful misconduct.
Ah! Toscana! Tours
may refuse service to any person at its discretion and
reserves the right to ask any person to leave a tour at
any time.
Payment and Cancellation Policies
and Additional Terms
Payment of Balance
Payment of the balance due for your tour or services
must be received no less than 30 days before the
scheduled beginning of the tour or services.
Cancellation by Tour
Participant
Registration Deposits are non-refundable. Under certain
circumstances, and at the sole discretion of Ah!
Toscana! Tours, registration deposit fees paid by
the participant or services beneficiary may be applied
toward payment for future services to be provided by
Ah! Toscana! Tours.
If you cancel your
participation in any tour or services package after your
full costs for your travel or travel services have been
paid, monies paid to Ah! Toscana! Tours will be
refundable according to the following schedule:
-
Cancellation 60 days or more before the start of the
tour or travel services: 50% refund
-
Cancellation between 30 and 59 days before the start
of the tour or travel services: 25% refund
-
Cancellation less than 30 days before the start of
the tour or travel services: 0% refund
For your
protection, we highly recommend that you purchase trip
cancellation insurance, as available. Although details
of policies vary, trip cancellation insurance typically
offers you some reimbursement of your expenses in case
unforeseeable personal illness or family emergencies
force you to suddenly cancel a trip. It is also a good
idea to investigate trip medical insurance with your
healthcare insurance provider.
Governing Law,
Dispute Resolution
You and
Ah! Toscana! Tours
acknowledge and agree that the Terms and any dispute
arising under or in connection with the Terms or the
services provided pursuant to the Terms, including any
action in tort, shall be
governed by the internal laws of the State of Michigan.
All actions brought to enforce or arising out of these
Terms, or services rendered pursuant to such Terms,
shall be brought and tried in Oakland County,
Michigan, or federal courts of competent jurisdiction in
Southeast Michigan, the parties hereby consenting to
personal jurisdiction and venue therein. The Parties
waive the right to a trial by jury for matters subject
to the jurisdiction of the foregoing U.S. courts.
Acknowledgement
I have read,
understand, and agree to abide by the Terms, Conditions,
& Release of Liability as written above.
Print Your
Name:
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Signature Date
Print Your
Name:
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________________
Signature Date
