1. DEPOSIT FEE
The cost of the EPA/ADI Program includes a non- refundable Deposit Fee. Deposit Fees, like the payments must be paid for the entire group in the form of a single check payable to ADI Tours. Deposit Fees are not refundable (except in some cases of visa application rejections by the Foreign Consulate and certifiable illness) but ~ transferable, subject to EPA/ADl’s acceptance of a substitute. The Deposit Fee is included as part of the total cost of the EPA/ADI Program for each participating Individual.
The payment of the required deposit or any other partial payment for a reservation or a tour constitutes consent to all provisions of the conditions and general information contained in this Contract. The terms under which Participant agrees to take this EPA/ADI Program cannot be changed or amended except in writing signed by an authorized officer or agent of EPA/ADI.
2. LATE PAYMENTS
All payments are to be received at the EPA/ADI office according to the SCHEDULE OF PAYMENTS, Part I, Section 2. There will be a 5 working- day grace period, after which automatic late payment penalties retroactive to the due date ‘will be charged. Participant agrees to pay ADI 18% per annum penalty fees for any outstanding payment not received as outlined in the
SCHEDULE OF PAYMENTS.
The formula: overdue amount, multiplied by 18%, multiplied by the number of late days, divided by 364 or 365 will apply.
Participant is encouraged to notify EPA/ADI by phone, e-mail or fax in the event of any anticipated late payment. However any payments received later than one (I) month after the due date are subject to cancellation of the entire tour by EPA/ADI. In the event of tour cancellation for late payment, any money previously paid by Participant will not be refunded.
3. GROUP SIZE AND ALLOWANCE FOR FREE PARTICIPATION
The cost of the EPA/ADI Program is predicated upon a minimum and maximum number of fully paying individuals stated in Part I, Section 1. Participant hereby represents its intention to pay full fees for at least the Minimum Number of Full- Paying Individuals, and further agrees that if for any reason the number of planned Individuals whose fees are to be paid in full subsequently falls below that minimum number or increases above the maximum number, the cost of the EPA/ADI Program may increase.
EPA/ADI will provide free participation (including one -half twin room accommodation BUT NOT INCLUDING FINAL AIR LINE TICKET TAXES/FUEL SURCHARGES/FEES OR OPTIONAL INSURANCE PACKAGE) as stated in Part I, Section I, if full payment for the Minimum Number of Full-Paying Individuals is received per the attached Schedule of Payment. Participant agrees that if for any reason the number of planned Individuals whose fees are to be paid in full subsequently falls below the Minimum Number of Full-Paying Individuals then, the allowance for free participation could change and or be revoked and full payment by Participant according to the attached Schedule of Payment on behalf of that Individual will be required.
4. IMPORTANT TIMETABLE
Participant agrees to provide EPA/ADI with all materials and information as outlined by the Important Timetable in Part I, Section 3. If Participant is late in providing any of these materials or information, the quality of the EPA/ADI Program could be affected, international cultural exchanges. EPA/ADI will not be responsible for any adverse consequences as a result of late receipt of any of the requested items outlined in the Important Timetable.
5. REGISTRATION FORMS, PASSPORT INFORMATION
Participant agrees to provide EPA/ADI for each and every Individual a complete and accurate Registration Form provided by EPA/ADI at or before the deadline of the First Payment (see Part I, Section 3 “Important Timetable”). To be valid, a Registration Form must be signed and dated by the Individual participating in the EPA/ADI Program, or by a parent or guardian, if an Individual is a minor. Registration Forms received by EPA/ADI after the First Payment deadline will be accepted, but might incur a higher EPA/ADI Program cost than stated in Part I, Section 2. Individuals who either need to apply for a new Passport or renew their current Passport must still return their signed and dated Registration Forms to EPA/ADI by the First Payment deadline, and may submit their new Passport information in writing at a later date. EPA/ADI must receive all Passport information from all Individuals not later than 60 days before the beginning of the EPA/ADI Program.
EPA/ADI will use the submitted Registration Forms for all official documents pertaining to the EPA/ADI Program, including but not limited to airline ticketing, passenger manifests, insurance registration, health information, visa applications, and accounting. Participant will be responsible for any cost incurred by EPA/ADI because of erroneous Registration Form information.
Participant will be liable for the safety and well being and for any and all cost incurred by any Individual who participates in whole or part in the EPA/ADI program who has not completed a Registration Form (“Unofficial Additional Individual”). Additionally, Participant will be assessed at the rate of $200.00 per Individual per day or part thereof for each Unofficial Additional Individual. Participant must pay EPA/ADI for any and all costs and assessments for Unofficial Additional Individuals within 15 days after the end of the EPA/ADI Program. EPA/ADI, its Partners and Representatives retain the right to refuse participation of any Unofficial Additional Individuals in the EPA/ADI Program.
6. INDIVIDUAL REQUESTS DIFFERENT FROM THE SCHEDULED ADI PROGRAM
Participant agrees that Individual requests for special arrangements and changes in departure or return on flights other than those originally arranged by EPA/ADI as part of the EPA/ADI Program, will not be possible without EPA/ADI’s written consent. All requests for Individual special arrangements must be made in writing by mail. e-mail. or fax not later than the date stated in the contract. Any and all fees for individual services, if agreed by EPA/ADI, must be paid in full in the form of an individual check payable to ” ADI Tours” before any special arrangements will be made or guaranteed.
If visas are required for one or more countries in the EPA/ADI Program, Participant will be required to submit on behalf of each and every member of Participant group either a photocopy of the signed signature/photo page of the passports or the actual passports (depending on the country) together with a completed visa application(s) according to the Important Timetable in Part I, Section 3. If all of the properly completed visa applications and passports are not received by EPA/ADI by the deadline stated in the attached Important Timetable, a $150.00 special handling and processing fee will be charged to the Participant for each late visa application.
Responsibilities for obtaining visas for citizens not holding valid American passports, even if they are members of the Participant group, rest with the individuals, and not with EPA/ADI. If visas are not required for the EPA/ADI program, Participant need only provide EPA/ADI with completed Registration Forms for all Individuals in Participant’s group.
All travel documents as well as compliance with customs regulations are the responsibility of the Participant.
8. AIRLINES & LUGGAGE OR EQUIPMENT
The exact international and/or domestic air carrier(s) used for the EPA/ADI Program is subject to change at any time prior to the beginning of the EPA/ADI Program due to airline flight itinerary changes and seat availability. Unless requested otherwise by Participant, EPA/ADI will not accept either wait- listed reservations or charter reservations. EPA/ADI will not confirm any airline reservations on behalf of Participant until the non-refundable deposit per person has been received by EPA/ADI from Participant.
Participant shall be responsible for any charges assessed by airlines or other carriers for any checked- in baggage or any carry-on baggage. Participant shall also be responsible for costs of any baggage weight and size in excess of the legal limits imposed by the airlines or other carriers. Participant further agrees that it is responsible for all costs incurred in the shipping and transportation of any additional equipment or other materials Participant may bring along during the EPA/ADI Program and agrees to submit to EPA/ADI, for cost estimate purposes, a complete list (Equipment Manifest) of all instruments, equipment and other materials to be brought by Participant and Individuals. This Equipment Manifest, on EPA/ADI’s official Equipment Manifest form, must be received by EPA/ADI not later than the deadline stated in the attached Important Timetable.
9. AIRLINE SEATING
Because airlines generally do not begin allocating exact seats for groups until 30 days before departure, EPA/ADI cannot guarantee that groups will be seated in a block or that any requests for bulkhead, aisle seats, window seats, or for an exact seating configuration will be honored by any air carrier. EPA/ADI will make a good faith effort to secure for Participant the seating preferences they desire, but cannot guarantee such seating. Final seating, however, is at the sole discretion of the air carrier. The airlines or carrier may impose and extra cost for any special requests. Special seating requests must be submitted at the time the Registration Form is due, according to the Important Timetable. Special seating requests usually include seating for people with physical limitations, parents with babies, persons of unusual height (over 6’4″) or weight (over 250 Ibs).
10. PHYSICAL DISABILITIES AND SPECIAL DIETARY REQUIREMENTS
Any disability or special dietary needs (including but not limited to vegetarian meals, Kosher meals, etc.) must be declared to EPA/ADI on the Official Registration Forms, which are due according to the Important Timetable in Part I, Section 3. EPA/ADI will make reasonable attempts to ensure, where appropriate, that such special requests are offered by its suppliers, but Participant understands that in some countries, such special services might not be available. Participant may be responsible for certain additional costs for these special services. A companion(s) must accompany any physically handicapped person requiring assistance as neither EPA/ADI nor its suppliers may physically lift or assist clients onto transportation vehicles or be responsible for any form of transporting the handicapped person.
If Accident/Medical/Trip Cancellation/Trip Interruption/Baggage Insurance is covered by this Contract, it goes into effect at the beginning of the EPA/ADI Program and ceases at the end of the EPA/DI Program. Unless otherwise notified, EPA/ADI will make full payment and registration on behalf of the Participant within 30 days upon receipt of complete and accurate Registration Forms.
If the Participant chooses to purchase optional Group or Individual, Accident/Medical/Trip Cancellation/Trip Interruption/Baggage Insurance it must be selected on the Official Registration Form and paid for at the time of EPA/ADI receiving both Payment and Registration Form(s). Coverage will go into effect within 30 days upon receipt of Registration Form(s) and payment for such coverage.
All insurance coverage and premiums are subject to the terms and conditions set forth by the insurance carrier and can change without notice at any time prior to full payment and registration of the group. Participant understands and agrees that ADI is not responsible for any insurance carrier’s terms, conditions, coverage, payments, claims or changes.
12. RESPONSIBILITY FOR ROOM SUPPLEMENTS
Rooming accommodations are provided as per Part I, Section I. The cost of any and all room supplements, whether by request of Participant or because the number of Individuals is not equal to room configurations, are the responsibility of the Participant.
13. USE OF “888” EPA/ADI TOLL-FREE NUMBER
The EPA/ADI Tours “888” toll-free telephone number is a courtesy number for the exclusive use of Participant’s group leader for communicating and transacting business with EPA/ADI relative to the EPA/ADI Program. One additional group representative who is authorized by the group leader to communicate with ADI on the “888” toll-free number maybe designated at the time of signing of this Contract. All other individual members or people affiliated with individual members of Participant must use the standard EPA/ADI telephone number, 609-844 -0026, and not the “888” toll-free number. Participant’s group leader agrees not to release the “888” toll-free number under any circumstances to any individuals who are members of, or affiliated with Participant’s group members.
14. CANCELLATION BY EPA/ADI
EPA/ADI reserves the right to cancel the EPA/ADI Program for any reasons and at any time, in which case full refund shall be made for any EPA/ADI Program services and accommodations not already deposited, paid, or provided.
EPA/ADI can terminate the participation of any Individual in the EPA/ADI Program if EPA/ADI or its Authorized Agents or Representatives deem said Individual to be detrimental to the EPA/ADI Program or to the reputation of EPA/ADI itself. EPA/ADI shall not be responsible for any additional expense incurred by such Individual as a consequence of termination.
16. CANCELLATION BY PARTICIPANT OR INDIVIDUAL
EPA/ADI agrees that Participant or any Individual may cancel participation in the EPA/ADI Program at any time by written notice, signed by the Participant or Individual prior to the beginning of the EPA/ADI Program.
The following cancellation charges will apply if written cancellation notification is received:
1. Deposit Fee if notice is received after Contract deadline date.
2. Deposit Fee plus First Payment if notice is received between 120 and 90 days prior to the beginning of the EPA/ADI Program.
3. Deposit Fee plus First and Second Payment if notice is received between 89 and 60 days prior to the beginning of the EPA/ADI Program.
4. Deposit Fee plus First, Second and Third Payments if notice is received less than 60 days prior to the beginning of the EPA/ADI Program.
5. Any cancellation notice received prior to the beginning of or during the EPA/ADI Program is subject to the cost of the airline carrier’s cancellation schedule and/or any advance airline, accommodation or program related cost incurred by EPA/ADI.
In the event an Individual or Participant cancels, they may present EPA/ADI a replacement Individual (“Substitute”) whose acceptance will be at the sole discretion of EPA/ADI. If a name change to an airline ticket is required, there will be an additional minimum fee of $200.00. Whether or not a Substitute is presented, the Individual or the Participant who cancels may be subject to an airline cancellation fee. In addition, the Substitute or the Participant shall be responsible for the airfare in effect when the substitution is made, even if it causes a higher EPA/ADI Program price for the Substitute.
17. CANCELLATION AFTER BEGINNING OF EPA/ADI PROGRAM AND NON-UTILIZA TION
If Participant or any Individual cancels at the beginning of the EPA/ADI Program or while the EPA/ADI Program is in progress, Participant or Individual agrees that EPA/ADI is not responsible for any refunds whatsoever. Participant or Individual further agrees that refunds shall not be made by EPA/ADI whatsoever, of fees for services, accommodations or other items agreed upon herein if, for any reason such services, accommodations or other parts of the EPA/ADI Program are provided as agreed upon herein, but not utilized by Participant or any Individual. If Participant or Individual has subscribed to the Optional EPA/ADI Group Insurance Program, any requested refunds by that Participant or Individual must be made directly to the Insurance Company.
18. PROPERTY DAMAGE
EPA/ADI shall not be responsible for any property belonging either to the Participant or to an Individual that is lost or damaged during the course of the EPA/ADI Program. Participant understands that it is responsible for any and all claims made against EPA/ADI, its agents and representatives, for damage to property caused by any Individual during the EPA/ADI Program.
19. WAIVER OF LIABILITY
The responsibility of EPA/ADI is strictly limited. As a tour operator, EPA/ADI organizes, promotes and sells programs consisting of the above listed travel services. The suppliers providing specific travel services for the EPA/ADI Program are independent contractors and are not agents or employees of EPA/ADI. To the extent that EPA/ADI is involved in the sale of air transportation to Participant, EPA/ADI acts as an agent of the air carrier. For all other purposes, EPA/ADI does not act as agent for any party whatsoever.
Participant agrees, and represents herein, for each and every Individual, that EPA/ADI shall not be responsible for, and Participant hereby waives any claim against EPA/ADI for, and releases EPA/ADI from, any liability of any nature whatsoever for loss (including additional expenses caused by delays and/or changes in transportation or other services), damages (including consequential damages), or injury to property or persons due to any cause whatsoever, including, without limitation any act, omission or negligence of any hotel, airline, bus company, railroad or owners or contractors providing accommodations or other services, occurring during the duration of the EPA/ADI Program, except for claims based on the willful misconduct and/or gross negligence of EPA/ADI. Nor shall EPA/ADI be responsible for any loss, cost, damage, injury, delay or expense arising from acts of God, strikes, weather, war, acts of terrorism, civil disorder, crime, sickness, or other events beyond the control of EPA/ADI, and any loss or expense arising from the above contingencies shall be borne by Participant or Individual(s) involved.
20. EXTENT OF LIABILITY
Under any circumstance whatsoever will EPA/ADI be liable to the Participant and Individual for any amount exceeding the total cost of the Program per Individual as listed in the EPA/ADI Program Part 1, Item 2, Cost and Schedule of Payments. In the event that transportation services, accommodations, meals, itinerary, or other parts of the EPA/ADI Program are delayed, postponed, cancelled, changed or otherwise not provided, EPA/ADl’s liability is limited to the provision of such substitute or supplementary services and/or accommodations as can be secured or provided at no additional cost to EPA/ADI. Alternatively, subject to EPA/ADl’s sole discretion, EPA/ADI may refund to Participant an amount not to exceed the anticipated cost to EPA/ADI of the lost services and/or accommodations.
Both the Group Leaders and the School will be covered for the duration of the program by Commercial General by EPA/ADI Tour’s general liability insurance provided by nationally recognized insurance companies with A.M. Best Ratings of A-. Coverage is up to $1,000,000 per occurrence and $3,000,000 in the annual aggregate and $5,000,000 for umbrella coverage for covered claims related to the tour regarding the bodily injury, property damage and errors and omissions.
Each party shall, indemnify and hold the other party, their respective trustees, directors, officers, agents, students, and employees harmless, from and against any and all liabilities, suite, actions, claims, demands, damages, losses, expenses and costs of every kind and character including, without limitation, costs and legal fees, suffered or incurred by or asserted or imposed against the party seeking indemnification and resulting from, connected with, or arising out of any negligent or wrongful act or omission of the indemnifying party or any other agent, director, trustee or employee of the indemnifying party. Unless specifically indicated otherwise in the Agreement, the parties shall not assume responsibility for the acts of omissions of the other party. This provision shall survive the expiration or termination of this Agreement.
Participant agrees to credit EPA/ADI prominently in any publicity, brochures, films, videotapes, exhibitions, visual materials or other materials that Participant may produce or authorize to be produced or distributed in connection with the EPA/ADI Program. Such credit shall be listed or mentioned separately from any other recognition of support, e.g., “Traveling under the auspices of EPA/ADI Tours, a cultural and educational international organization located in Lawrenceville, New Jersey, USA”.
23. FINAL ITINERARY
EPA/ADI will make a good faith effort to provide Participant with a Final Itinerary, listing confirmed reservations for airlines, hotels, concert arrangements, and travel schedule, etc. as soon as all details become available (usually two weeks prior to the day of departure). Participant understands, however, that occasionally unforeseen circumstances resulting in changes in air and/or land transportation schedules and/or hotel accommodations and program may be necessary less than two weeks prior to departure. Not under any circumstance whatsoever will EPA/ADI provide a Final Itinerary or send airline tickets to Participant until all payments to EPA/ADI by Participant have been made, including airport/airlines taxes and fees.
24. CHOICE OF LAW
The parties agree that this Agreement shall be construed pursuant to New Jersey law.
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