TGW Travel Participation Agreement - Tours Gone Wild!
TGW Travel Participation Agreement - Tours Gone Wild!
TGW Travel Participation Agreement - Tours Gone Wild!
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<strong>TGW</strong> Tour <strong>Participation</strong> <strong>Agreement</strong><br />
TOUR OPERATOR – <strong>TGW</strong> <strong>Travel</strong> Group, Inc. DBA “<strong>Tours</strong> <strong>Gone</strong> <strong>Wild</strong>” as will collectively be referred as (<strong>TGW</strong>) 6538 Collins<br />
AveSte 370, Miami Beach, FL 33141 arranged the vacations advertised on this pamphlet /website. The Participant(s)<br />
acknowledge receiving and agreeing to these terms and conditions as set forth below covering the vacation operated by<br />
<strong>TGW</strong>.<br />
1<br />
<strong>TGW</strong> TRAVEL TPA<br />
Article 1.1: TRAVEL DOCUMENTATION AND VISAS: All travelers are required to carry proper documentation of citizenship and are<br />
responsible to obtain proper travel documentation to enter the country of the tours <strong>TGW</strong> provided services to ,as well as relevant transiting<br />
countries along the way. (i.e. a valid Passport and possibly visas. ) Currently, Americans, Canadians and Australians need Visas to Enter<br />
Brazil and only passports for Argentina, Peru, Uruguay, Greece, Spain or Colombia. Foreign nationals must consult their local consulates<br />
for entry requirements as these vary greatly depending on the country they are visiting and transiting through.<br />
Article 1.2: <strong>Travel</strong> entry requirements and documentation are subject to change without notice and entirely the responsibility of<br />
the traveler. No refunds will be issued for passengers who are denied boarding or for unused/cancelled hotels or<br />
packages/tours for failure to obtain proper Visa/Immunization documentation in a timely manner to enter the destination country<br />
or board the aircraft. <strong>TGW</strong> <strong>Travel</strong> is not responsible in any way for passengers who fail to obtain Visas , Passports or any<br />
additional type of documentation, and will not be held liable or accountable for any refunds or cancellations or change<br />
fees/penalties of any sort (including but not limited to flight price changes, hotel rate changes etc). in such event.<br />
Additionally visa/passport information on <strong>TGW</strong>’s website is subject to change and a general indication of what may or may not be<br />
needed for travel and is for general information purposes only. <strong>TGW</strong> in good faith updates this information on its website and<br />
provides clients as best as it can with travel documentation information on its site and through its representatives but cannot be<br />
held responsible or liable for any misinformation or for failure to update this information. <strong>TGW</strong> recommends that travelers check<br />
with the closest consulate of the country in which they are travelling to for up to the minute requirements and proper visa and<br />
other documentations.<br />
Article 1.3: RESERVATIONS/PAYMENTS: A non-refundable payment/deposit of $1,000 or 50% of your total package price person<br />
(whichever is greater) is due to book your trip unless other arrangements have been made in writing with a company staff member. Full<br />
payment is due 50 days prior to departure. Payment of a deposit constitutes acceptance of the terms and conditions in this Tour<br />
<strong>Participation</strong> <strong>Agreement</strong> (TPA). Upon receipt of deposit, <strong>TGW</strong> will send confirmation/invoice to you.<br />
Article 2 :LATE PAYMENTS: Accounts not paid in full by due date will be subject to a $100 late penalty. Accounts that are over 10<br />
calendar days late will be automatically cancelled and subject to our Cancellation Policy outlined below. If a client wishes to re-instate an<br />
account he/she will be subject to the late fee of $100 as well as a $50 rebooking fee. The rebooking of the tour package will be subject to<br />
availability and any increase in price.<br />
Article 3: CANCELLATIONS/REFUNDS/REBOOKINGS: Your right to a refund if you change or cancel your reservation is limited.<br />
Air Portion (not applicable to Carnival, Ibiza/Pamplona or New Year’s Packages):<br />
Article 3.1: Airline tickets are Nonrefundable and Non-Transferable. Once airline tickets have been issued, which is normally within 24<br />
hours of payment of deposit, they are usually 100% non-refundable. If a client wishes to cancel his/her ticket (up to 72 hours before<br />
departure time) the airline may give him/her a ticket good for one year on the same itinerary up to the face value of the ticket including<br />
taxes minus any cancellation fees. <strong>TGW</strong> will not be responsible for any fare differences. Cancellation fees (which typically range from $150<br />
to $300)are applied above any air ticket cost. Cancellations must be in writing. <strong>TGW</strong> reserves the right to cancel any booking, or part of it,<br />
atany time as a result of force majeure or for reasons outside <strong>TGW</strong>'s control. No refunds will be made for unused travel services, nor is<br />
the price or value of unused travel services exchangeable for alternative arrangements.<br />
Article 3.2 : Land Portion (not applicable to Carnival , New Year’s Packages, Punta del Este or Ibiza/Pamplona Packages):<br />
• If your cancellation is made more than 60 days prior to departure, <strong>TGW</strong> will refund your<br />
non-air portion less 35% of the land package cost and any penalties charged to us by our suppliers.<br />
• If your cancellation is made between 31 and 59 days prior to departure, <strong>TGW</strong> will refund<br />
your non-air portion less 55% of any land package costs and any penalties charged to us by our suppliers.<br />
• If your cancellation is made less than 30 days prior to departure there will be NO refund for<br />
the non-air portion of your vacation.<br />
Article 3.3: Land Portion (IBIZA /PAMPLONA PACKAGES)<br />
If your cancellation is made more than 120 days prior to departure, <strong>TGW</strong> will refund your<br />
non-air portion less $700 and any penalties charged to us by our suppliers.<br />
• If your cancellation is made between 119 to 60 days prior to departure, <strong>TGW</strong> will refund your<br />
non-air portion less $900 and any penalties charged to us by our suppliers.<br />
• If your cancellation is made between 31 and 59 days prior to departure, <strong>TGW</strong> will refund<br />
your non-air portion less $1500 and any penalties charged to us by our suppliers.<br />
• If your cancellation is made less than 30 days prior to departure there will be NO refund for<br />
the non-air portion of your vacation.<br />
Article 4 : NEW YEAR’S in RIO/PUNTA DEL ESTE/CARNIVAL PACKAGES AND CUSTOM PACKAGES: 100% payment is due at time<br />
of booking for all Carnival, New Year and custom packages. Packages for New Year’s and Carnival are 100% non-refundable. “Custom<br />
Packages” are defined as any packages not specifically mentioned on our website or printed materials (i.e. extended packages, different<br />
cities, modified itineraries, etc.)Any refund amounts due to a cancellation will be issued via company check after any appropriate credit(s)<br />
have been received from suppliers.<br />
Article 4.1 : REBOOKINGS: If a client cannot make a trip and would like to rebook, he/she would be subject to the above referenced<br />
cancellation policy. Any net proceeds of the land package as well as a credit for the flights (if applicable) will be applied for a future vacation<br />
with <strong>TGW</strong>. Flights on a new vacation must be made on the same carrier and subject to the carrier’s rules, rates, class of service and<br />
availability. All rebookings must be accepted in writing or via fax/email before any changes can be made. Clients who must rebook their<br />
package will be charged a $65 rebooking fee (per person). Additionally, each traveler is also responsible for mailing any airline paper
<strong>TGW</strong> TRAVEL TPA<br />
tickets (if applicable) in a timely manner in order to rebook their trip with us. Clients are also responsible for any fare/hotel price differences<br />
(if any) when rebooking another vacation.<br />
Article 5: CREDIT CARD PAYMENTS : <strong>TGW</strong> accepts Visa/Mastercard/ AMEX and Discover. This is subject to change at any time. <strong>TGW</strong><br />
does not accept third party credit cards from persons not travelling on the package without a “Third Party Credit Card Form” being faxed<br />
and sent to us verifying the charge and identifying the cardholder beforehand. Client agrees that any problem with his/her booking or tour<br />
must be made in writing within 10 business days prior to client’s return from his/her tour and will not challenge or dispute any credit card<br />
charge from <strong>TGW</strong> without first contacting us in writing to remedy the situation or clarify charge details or pending issues. These issues<br />
include, but are not limited to hotel or flight overbookings, airline schedule changes, failure to obtain proper entry documents, or hotels not<br />
living up to clients expectations.<br />
<strong>TGW</strong> has 30 business days to respond with a final resolution to the matter. In the event a client initiates a dispute/chargeback with his/her<br />
credit card company and the case is ruled against the company, client agrees and will be liable for full payment of any such charges back to<br />
<strong>TGW</strong>. Client agrees that failure to pay these charges back to <strong>TGW</strong> will result in legal action by <strong>TGW</strong> against the customer for the full<br />
amount PLUS any applicable court fees, processing fees, <strong>TGW</strong> attorney’s fees, bank fees, and any other damage, in relation to credit card<br />
chargebacks/or dispute. Client furthermore agrees that any such court hearing against the customer will be held in a court of law in Miami<br />
Beach, Florida, USA.<br />
Article 6: CHANGES TO PACKAGES: Any changes to packages (flights/hotels etc) must be made through our Miami office prior to<br />
departure. Once a client begins a vacation with us he/she must make any airline ticket changes directly with the carrier he/she flew on at<br />
the local airport. Any changes to the land portion of the vacation must be made through <strong>TGW</strong>’s Miami office during regular business hours.<br />
<strong>TGW</strong> is not responsible for any price difference etc to land packages made directly with hotels/other suppliers.<br />
Article 7 : HOTEL ACCOMODATION: If Client experiences any problems with hotel accommodation booked by <strong>TGW</strong> <strong>Travel</strong>, he/she<br />
must promptly contact us in writing and let us know about the problem/incident in order for <strong>TGW</strong> to help remedy the situation or have the<br />
client switch hotels when available. It is the client’s responsibility to notify <strong>TGW</strong> in a timely manner (24 hours from the incident) and <strong>TGW</strong><br />
will have 24 hours to help the client remedy the situation with the hotel. <strong>TGW</strong> does not own or operate any hotel and will not be held liable<br />
for any failure of the client in notifying the company of any problems nor for the hotel, room, property, or services not living up to client<br />
expectations. If a client abandons a hotel, <strong>TGW</strong> will not be responsible for providing a refund for any unused nights. <strong>TGW</strong> will act in good<br />
faith to help clients with any hotel problems or issues but ultimately will not be held liable or will not provide any refunds whatsoever for<br />
hotels not living up to client’s expectations, or other problems with hotels that <strong>TGW</strong> cannot control including room/hotel overbooking,<br />
additional guest issues ,lost stolen property, construction or noise around property, etc<br />
Article 8: APARTMENT ACCOMODATION: All clients who stay at private apartment/villa accommodations agree to the following: (1)<br />
Security Deposits may be required for apartments (typically $300 to $750 but can range up to $2000 or more depending on property) and<br />
are payable at check-in in cash in US$ dollars or local currency equivalent. Clients will be refunded their full deposit provided no damage<br />
occurs and apartment is returned in good condition and no fines have been issued by the building for infraction of their rules. <strong>TGW</strong> is not<br />
responsible in any way for non-refunded deposits due to damages or rule infractions caused by clients. (2) The photos and descriptions of<br />
the apartments on our sites, emails, contracts and other communications may be slightly different than the actual apartments when clients<br />
check in. This is due to the nature of apartments themselves. Owners may paint the walls & ceilings, may add new utilities to it, or remove<br />
them, or things get broken and are not replaced/fixed yet, bed linen & towels used for photos may be different from these you will find in the<br />
apartment, furniture can be replaced/upgraded s, changed or slightly damaged since time of original booking, etc. <strong>TGW</strong> will in good faith<br />
update apartment descriptions on its website in a timely manner, but cannot guarantee that apartments are 100% identical to pictures on<br />
our sites when arriving and is not liable for any apartment not being identical to any picture on its website or email communications. (3) If<br />
there are any problems with apartments or the building in general (including but not limited to noise, problems with fixtures, air<br />
conditioning, plumbing, water, internet, cable, elevators in building, etc.) it is the client’s responsibility to notify <strong>TGW</strong> or the apartment<br />
supplier directly in a timely manner via email/phone. <strong>TGW</strong> will not be liable for any problems with apartments and will do its best to remedy<br />
any problems that may occur in good faith. <strong>TGW</strong> will not be held liable for any failure of the client in notifying the company of any problems<br />
nor for the apartment not living up to client expectations or for things it cannot control (such as utilities not working, power outages, internet<br />
outages, etc). Additionally <strong>TGW</strong> must be given 24 hours in order to remedy any situation.(4) If a client abandons an apartment (leaves the<br />
apartment before the rental period terminates) <strong>TGW</strong> will not be responsible for providing a refund for any unused nights. (5) <strong>TGW</strong> will not<br />
be held responsible/liable for any activity that may occur on the premises nor for any lost/abandoned/left/stolen property, theft, vandalism,<br />
physical harm, etc. (6) <strong>TGW</strong> will not be held responsible if the client is expelled from the building by landlords due to excessive noise, illegal<br />
activities, failure to pay fines,etc and will not be provided an alternative apartment nor refund of any kind. (7) Client understands and agrees<br />
that apartments are typically in large residential buildings and must abide by the rules of the specific condominium /building association<br />
and will be held responsible for any fines or infractions for any violations including but not limited to , fines by the association for large<br />
parties/excessive noise, inappropriate attire by clients or their guests, inappropriate or obscene/vulgar behavior or offensive /abusive<br />
language towards the building staff. (8) Some apartments may have contracts/ short term leases to sign upon check-in with propertyspecific<br />
rules. In the case where contracts/leases do exist clients must abide by these rules in order to check into the property. Failure to<br />
sign contracts/lease or not agreeing to these rules are grounds for expulsion or denial from checking into property and client agrees not to<br />
hold <strong>TGW</strong> liable in such an event. (9). Some apartments may charge electricity separately NOT included in the rate for the package<br />
booking with <strong>TGW</strong>. In these cases, clients will be notified beforehand of these charges. (10) Some apartments require a Xerox copy of<br />
passports/proper identification when checking in.<br />
Article 9: FINAL TRIP DOCUMENTS: Final trip documents will e-mailed to you directly 5-10 business days prior to departure. Documents<br />
will not be released until everyone in your reservation is paid in full and <strong>TGW</strong> has received a singed Tour <strong>Participation</strong> <strong>Agreement</strong> from<br />
each passenger.<br />
Article 10: PROCESSING: A signed “Tour <strong>Participation</strong> <strong>Agreement</strong>” from each passenger is required immediately from all passengers<br />
with payment in order to book a trip. Passengers may sign this form digitally by completing their purchase online. Processing and<br />
completing the checkout process online and acknowledging by “checkmark” that they have understood this agreement, constitutes a digital<br />
signature from clients and acceptance of this agreement and all terms and conditions herein. All clients who do not sign by a “digital<br />
signature” must send this signed form via fax or mail. <strong>TGW</strong> will not ticket or reserve any itinerary if this documentation is not received with<br />
payment and will not be responsible for any fare or price differences or hotel availability due to failure of clients to submit this agreement.<br />
Article 11: PASSENGER INFORMATION: Passengers are responsible to ensure that <strong>TGW</strong> has the correctly spelled legal name (as it<br />
appears on the traveler’s passport), address, and all pertinent information for all passengers. (Middle names and initials not needed). Due<br />
to newly introduced security measures any name change including minor spelling corrections may require airline reservations to be<br />
cancelled and rebooked. <strong>TGW</strong> will not be responsible for any rebooking fees (up to $250 for some airlines) or denial of services due to<br />
name discrepancies.<br />
2
3<br />
<strong>TGW</strong> TRAVEL TPA<br />
Article 11.1 : Occupancy: All rates quoted are based on tariffs at time of printing, and are subject to change. Prices are per person, based<br />
on 2 or 3 passengers traveling together at any time If a single person wants to travel with no other passengers, additional costs will be<br />
charged (single supplement). If your roommate(s) cancels, you and your remaining roommate(s) must pay applicable occupancy<br />
surcharges prior to the departure date for the traveler who cancelled. Hotels reserve the right to refuse or impose a fee for additional guests<br />
or visitors for visiting or staying in hotel rooms. Clients will not hold <strong>TGW</strong> liable for any inconvenience or charge of any kind due to<br />
these policies which vary depending on specific hotel policies or staff members of hotels.<br />
Article 12: PACKAGE PRICE/CHANGES: Hotels, departure cities, and departure dates are listed on this site and are incorporated in this<br />
agreement by reference. Package prices are based on current rates at the time of activation of website, and are subject to change at<br />
any time prior to departure without notice due to fuel related increases, changes in government taxes, unfavorable changes in foreign<br />
currencies, and other factors beyond <strong>TGW</strong>’s control. <strong>TGW</strong> reserves the right to substitute/change hotels, tours and other services, including<br />
nightlife venues, to those of an equal standard for these or any other reasons beyond our control. In such case <strong>TGW</strong> reserves the right to<br />
implement such modification(s) without prior notice when necessary. Please note that no price reduction or partial refund will be offered if<br />
such changes are deemed necessary by <strong>TGW</strong>.<br />
Article 13: OPTIONAL EXCURSIONS: Optional excursions are available for purchase at time of departure up to final payment. <strong>TGW</strong> will<br />
do its best to accommodate specific date requests for these excursion but reserves the right to schedule these excursions on particular<br />
days and times (due to minimum person requirements, weather conditions etc) If clients do not show up for excursions (more than 15<br />
minutes late) they will be considered “no-shows” and will not be provided a refund. All optional excursions must be booked through our<br />
Miami office. <strong>TGW</strong> will not be responsible for any excursion booked directly with suppliers or other parties. Excursions are “rain or shine”<br />
and we will not provide refunds for inclement weather.<br />
Article 14: WEATHER CONDITIONS:<br />
Under no circumstances can <strong>TGW</strong> be held responsible for rain or adverse weather conditions, nor can any vacation be cancelled or<br />
amended by you at any time on the basis of rain or adverse weather conditions.<br />
Article 15: TIMELINESS AND GUESTS:<br />
Clients will be picked up at their hotel lobby (or apartment) at pre-specified times by our guides for our nightlife service. All clients must be<br />
on time. If a client is more than 15 minutes late in meeting the guides, they will be considered “no shows” and will not be provided a refund<br />
for those services. Guests are allowed to join the nightlife excursions from our company at the discretion of our guides. We refuse the right<br />
to refuse service to any guest(s) of a client for any reason. Additionally, if a client brings a guest, he/she is required to pay for his/her cover<br />
charges, transportation to the club/bar as well as a USD$50 guest fee per person to the guide.<br />
Article 16: TRAVEL PROTECTION PLAN: OPTIONAL TRAVEL PROTECTION FOR CANCELLATION, DELAY, HEALTH,<br />
ACCIDENT, AND BAGGAGE IS STRONGLY RECOMMENDED. <strong>Travel</strong> insurance will offered separately from packages through<br />
<strong>Travel</strong>Ex International or a comparable company and is STRONGLY recommended for all packages (especially those that are NON<br />
REFUNDABLE such as Carnival or New Year’s in Brazil.) . A copy of the relevant travel protection policy is available<br />
from <strong>TGW</strong> upon written request or online at www.toursgonewild.com. <strong>TGW</strong> provides such insurance solely as a convenience to you<br />
and is not responsible for any claim, liability, loss or damage resulting from the purchase or failure to purchase such insurance.<br />
If you become injured while on a <strong>TGW</strong> vacation, you agree that <strong>TGW</strong> shall have the responsibility, but not the duty to take reasonable<br />
actionto secure emergency medical and/or other attention and/or ground transportation for you. You understand and agree you will be<br />
responsible for payment of any expense incurred for such medical attention, transportation or other related emergency service. It is also<br />
your responsibility to communicate/inform <strong>TGW</strong> in writing any injuries/medical incidents in a timely manner. You additionally agree to<br />
reimburse <strong>TGW</strong> if <strong>TGW</strong> has made any such payments for such emergency expenses, though you acknowledge <strong>TGW</strong> does not have the<br />
duty to do so. Any and all medical expenses incurred by you under such circumstances are your sole responsibility. Any recommendation<br />
of hostpitals/clinics or otherwise are purely a good faith recommendation from <strong>TGW</strong> to the client. We will not be held liable for our<br />
recommendation of any specific clinic/hospital or otherwise.<br />
Article 17: SECURITY DEPOSIT: On occasion, hotels may require up to a $100 to $500 usd per person security deposit at check-in. This<br />
will be refunded upon checkout provided that there are no charges or damages to your room.<br />
Article 18: AIR TRANSPORTATON BAGGAGE Internationally checked luggage is limited to a maximum weight not to exceed 44 pounds<br />
and 30" x 17" x 10" in dimension. Flights operated within a foreign country are usually on smaller aircraft, with luggage limited to 25 lbs.<br />
<strong>TGW</strong> is not responsible for any baggage charge for excess weight or for any luggage having to be left behind for not complying with<br />
these regulations.<br />
Article 19: SCHEDULE CHANGED/ DELAYS/AIR CANCELLATION All travel times are based on the best information and timetables<br />
available at confirmation. Because of the nature of the destination, changes to schedule and/or itinerary may be necessary and may<br />
prevent the inclusion of some activities scheduled for the day. No refunds can be given for such eliminations. We also cannot accept any<br />
responsibility for losses or incidental expenses due to changes or delays in airline schedules, including, but not limited to overbooking of<br />
flights, over booking of hotels, or defaults, weather, strikes, sickness, war, terrorist attacks, financial insolvency of airlines, riots or any<br />
other causes. All such losses/expenses are the responsibility of the passenger. This also includes missed airport transfers due to delayed<br />
or changing of flights. Additionally, <strong>TGW</strong> will not be held liable for any costs of flights for any airline that ceases operations or declares<br />
bankruptcy. Client agrees to hold <strong>TGW</strong> harmless in this situation.<br />
Article 20: CUSTOMER SERVICE: If you require assistance in any way while on your tour, you must notify our on-location staff who will<br />
make every effort to accommodate you. Under no circumstances will <strong>TGW</strong> reimburse you for long-distance phone calls or other out of<br />
pocket expenses. If the matter cannot be resolved, please write to our Customer Service Department within 15 days of the completion<br />
of your tour.<br />
Article 21: PARTICIPANT'S RESPONSIBILITIES - AIR PASSENGERS<br />
It is required that you arrive at the airport at least 2 hours prior to scheduled departure. Flight times shown are not guaranteed and<br />
are subject to change without notice. It is, therefore, the responsibility of each participant to reconfirm all flight times quoted at least<br />
24 hours prior. When a customer's ticket, or a portion of the ticket, is lost or destroyed, the customer will be required to purchase<br />
another ticket at the appropriate fare before transportation will be furnished between the points covered by the lost ticket. There will<br />
be no refund or replacement for a lost ticket or for airlines going out of business/ceasing operations due to unforeseen
4<br />
<strong>TGW</strong> TRAVEL TPA<br />
Article 22: PARTICIPANT'S RESPONSIBILITIES - GENERAL:<br />
Items not included in this package price; i.e., gratuities, meals, and all items of a personal nature are the sole responsibility of the<br />
passenger and shall be paid directly when the service is received or paid. Transportation, hotel and accommodations rules or<br />
conditions of carriage, as determined by said entity, must be adhered to at all times. This includes "House Rules" and<br />
rules/regulations printed in itineraries or other distributed printed materials. Passengers who are refused transportation will receive no<br />
refund. Participant agrees to pay reasonable attorneys fees and other expense incurred by <strong>TGW</strong> in the collection of unpaid damages,<br />
insufficient or stopped checks, or other losses for which participant is responsible.<br />
Article 23: ASSUMPTION OF RISK<br />
Many establishments make available during the course of most trip packages various activities, contests, parties, etc which <strong>TGW</strong> may<br />
offer on their behalf. Participants agree to accept responsibility for participating in these activities, where offered, and do so upon their<br />
own initiative and assumption of risk. <strong>TGW</strong> shall not accept liability for accident, injury or death as a result of participation in said<br />
activities. Participant agrees to waive any and all claims arising there from against <strong>TGW</strong>, it's employees, independent contractors,<br />
agents and/or representatives or associates. <strong>TGW</strong> does not provide, promote or sell alcoholic beverages nor condone the use of illegal<br />
drugs in it's programs. Various entities on location may offer packages including alcoholic beverages which is beyond the control of <strong>TGW</strong>.<br />
Excessive use of alcohol can result in serious injury. <strong>TGW</strong> does not condone the use of illegal drugs, prostituation or any other illegal<br />
activity.. Any client (and or guest of the client) using illegal drugs or engaging in any other illegal behavior at any discothèque or<br />
in private company property (cars, etc) will be refused service and will not be provided a refund for those and future unused<br />
services. IN THE EVENT THAT A CLIENT IS FOUND WITH ILLEGAL DRUGS OR ENGAGING IN ILLEGAL ACTIVITIES THE<br />
REMAINING PORTION OF THEIR “VIP PARTY SERVICE” WILL BE CANCELLED FOR THEIR ENTIRE GROUP WITH NO REFUND.<br />
<strong>TGW</strong> WILL FURTHERMORE NOT BE RESPONSIBLE IN ASSISTING ANY CLIENT IN ANY WAY (LEGALLY, FINANCIALLY,<br />
OTHERWISE) FOR ANY PROBLEMS WITH AUTHORITIES AS A RESULT OF ILLEGAL DRUG USE OR ANY OTHER ILLEGAL<br />
ACTIVITY.<br />
Article 24: MISCELLANEOUS: All notices, offers, acceptances, and requests to <strong>TGW</strong> and other communications hereunder shall be in<br />
writing and shall be deemed to have been duly given if mailed by certified or registered mail, with postage prepaid, to <strong>TGW</strong> and the tour<br />
participant at the addresses set forth in this agreement. Any such notice shall be deemed to be received when delivered or within<br />
three (3) business days after it is mailed. This agreement contains the entire understanding between the parties hereto and<br />
supersedes any other oral and written agreements or understandings between them.This agreement shall bind and inure to the<br />
benefit of the parties, and their respective successors and assigns or personal representatives. <strong>TGW</strong> may assign this agreement<br />
without the tour participant’s permission. The tour participant may not assign any part of the benefits of this agreement to another<br />
party without <strong>TGW</strong>’s express written permission. The Participant agrees that <strong>TGW</strong> will not be obligated to refund any additional<br />
monies besides those provided in the section above because of events of force majuere, acts of God, war, terrorism, strikes, financial<br />
insolvency of airlines, hotels or suppliers, or anyother event beyond the control of <strong>TGW</strong>. During the course of tours, <strong>TGW</strong> may<br />
photograph/videotape participants in public places strictly for marketing purposes and to promote its normal course of business. All<br />
photographs/videotapes taken by the company and its employees/partners/suppliers are exclusive property of the company and the<br />
company reserves the right to publish such video/pictures on its website and marketing materials. <strong>TGW</strong> will actively select pictures/videos<br />
that it will deem appropriate. Participants agree to hold <strong>TGW</strong> harmless of any resulting unintentional damages resulting from the publication<br />
of and of these materials.<br />
Article 25 : RESPONSIBILITY <strong>TGW</strong> has made arrangements for the tour services described in this brochure/invoice through independent<br />
contractors which are not the agents or employees of <strong>TGW</strong> or its affiliates. All travel vouchers and other travel documents issued by<br />
<strong>TGW</strong> are subject to the terms and conditions of the supplier;to the laws of their countries and to international conventions between<br />
countries. Any complaint should be sent in writing within twenty (20) days of return. <strong>TGW</strong> reserves the right to accept or reject any<br />
person as a tour participant, to make changes in the itinerary whenever deemed necessary for the convenience or safety of the<br />
participant and to cancel a tour at any time. If a tour is canceled, <strong>TGW</strong> shall have no liability beyond the refund of all monies paid by<br />
the passenger which will be deemed to constitute full and final settlement. If the services included cannot be supplied or there are<br />
changes in the program, <strong>TGW</strong> will use its best efforts to arrange for comparable services where applicable. Any resulting additional<br />
expenses will be the responsibility of the participant. The participant agrees that neither <strong>TGW</strong> nor its affiliates and employees shall be<br />
liable for any damages, loss (including but not limited to personal injury, mental distress, loss of employment, death, disease or<br />
illness, and property loss) inconvenience, or expense occasioned by any act or omission of any supplier providing tour services, or by<br />
any change in itinerary unless caused by the negligence of <strong>TGW</strong> or its employees in its contractual duty. The tour participant<br />
expressly waives all rights which he or she may have against <strong>TGW</strong> in connection with the foregoing. No person, other than an officer<br />
of <strong>TGW</strong> by a document in writing, is authorized to vary or waive any condition in this website. Under no circumstances is <strong>TGW</strong> to be<br />
constructed as a carrier under contract for safe carriage of the passenger or his/her luggage and belongings. No carrier shall have<br />
any responsibility except its liability as a common carrier. By enrolling in and paying for a tour, participants agree to accept and are<br />
bound by the terms and conditions in this document.<br />
Article 26: FORUM SELECTION AND CHOICE OF LAW: Participant agrees that this agreement is governed by the laws of the State of<br />
Florida, U.S.A. In the event of any dispute between the parties which arises under this <strong>Agreement</strong>, such dispute shall be settled by<br />
arbitrationin accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect<br />
at the time such arbitration is initiated, and subject further to the provisions of Florida Law. A list of arbitrators shall be presented to the<br />
Participant and <strong>TGW</strong> from which one will be chosen using the applicable rules. The hearing shall be conducted in the City of Miami Beach ,<br />
Florida, U.S.A. The decision of the arbitrator shall be final and binding upon all Parties. The prevailing party shall be awarded all of<br />
the filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of<br />
subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney's fees, and similar costs related to<br />
collecting an arbitrator's award, will be added to, and become a part of, the amount due pursuant to this <strong>Agreement</strong>. Any questions<br />
involving contract interpretation shall use the laws of Florida. An arbitrator's decision may be entered in any jurisdiction in which the<br />
party has assets in order to collect any amounts due hereunder.<br />
By signing this document I acknowledge that I have completely read, understood, and agree to be bound by<br />
the terms and conditions in this entire four page document. By paying a package online or via wire or Paypal,),<br />
client agrees to these terms and payment constitutes a digital acceptance and signature of this document.<br />
____________________________________________________________________________________________________________<br />
Printed Name(s)
___________________________________________ _______________________<br />
Signature Date<br />
___________________________________________ _______________________<br />
Signature Date<br />
___________________________________________ _______________________<br />
Signature Date<br />
___________________________________________ _______________________<br />
Signature Date<br />
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<strong>TGW</strong> TRAVEL TPA