Contemporary Tours, Inc., its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, and assigns (collectively, Contemporary) and your sponsor, chaperones, if applicable, and its and their employees (collectively, “Sponsor”), do not own, operate or control any person or entity which is to or does provide goods or services for your trip including, for example, lodging facilities, airline, vessel, motor coach or other transportation companies, guides or guide services, local ground operators, entertainment or sightseeing operators, providers or organizers of optional excursions, food service providers, etc. All such persons and entities are independent contractors. As a result, Contemporary (Sponsor) is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party.
Without limitation, Contemporary (Sponsor) is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services resulting from, but not limited to, acts of government, acts of force majeure, war, civil unrest, insurrection, strikes or other labor activities, criminal conduct, threatened or actual terrorist activities, lost or stolen belongings, overbooking or downgrading of accommodations, mechanical or other failure of airplanes, motor-coaches or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, vehicular incidents, dangers associated with or bites from animals, pests or insects, sanitation problems, food poisoning, lack of or quality of medical care, illness or disease, epidemics or the threat thereof, difficulty in evacuation in case of a medical or other emergency, or for any other cause beyond the direct control of Contemporary or Sponsor.
Deposit and Cancellations:
The Tour Agreement will provide you with a schedule for when additional deposits are due in our office. All deposits are fully refundable up to 90 days prior to travel except for any non-refundable amounts paid to suppliers (with your consent) to confirm your group’s reservations. Cancellations occurring 89-60 days prior to departure will result in a cancellation fee equal to the initial deposit plus any non-refundable additional amounts paid to suppliers to confirm your reservations. Cancellations occurring 60-15 days prior to departure will be assessed late cancellation fees of 20% of the Tour Cost, the initial deposit and any amounts paid to suppliers to confirm your reservations. All such cancellations charges are liquidated damages and not a penalty. Cancellations occurring within 14 days of departure will receive no refunds.
Changes in Hotels or Itinerary:
Changes in hotel or itinerary may be made at the discretion of Contemporary, your Sponsor or your local ground operator as it or they deem necessary or desirable.
Contemporary has a zero tolerance rule for possession or drinking of alcohol for any participants under the age of 21 and/or possession or use of any illegal drug or drug paraphernalia by any participant. Any participant violating this rule is subject to immediate expulsion from the trip. In any such case, the student or his or her parent or guardian is responsible for transporting the participant home, and waives any claim for any refund of any portion of the trip cost.
Cancellations due to Government Action or Impossibility of Performance:
In the event a trip is cancelled or postponed due to the actions of any governmental or civil authority, school or school district, or a cancellation is caused for any other reason beyond the control of Contemporary, tour participants will be entitled to a refund of monies paid less non-recoverable expenses prepaid or incurred by Contemporary and the non-refundable booking deposit.
Contemporary retains the right, in its sole discretion, to contact participant’s parents, guardian, and/or emergency contact with regard to health issues or any other matter whatsoever which relates to participant or participant’s trip. These rights transcend any and all privacy regulations that may apply.
Contemporary reserves the right to take photographic or film records of any program. Contemporary may use such records for promotional and/or commercial purposes without limitation, without liability and without payment of any fees.
I understand that I am solely responsible for my pre-program, program, and post-program medical care in all respects, including, but not limited to, obtaining and taking necessary medication(s), vaccinations and any other medical care and treatment. I certify that I will consult a physician qualified in travel medicine, immunizations and infectious/tropical diseases prior to my trip departure. Contemporary may attempt to bring a participant to a medical facility for emergency treatment, but is not responsible for any negligent or unsuccessful treatment thereat.
I agree that any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) New York law and will take place in Mineola, NY. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Please understand that by agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury.
Trip participants are solely responsible for securing their own passports, visas, medical inoculations, reviewing State Department, Centers for Disease Control and other advisories or warnings, etc. Contemporary reserves the right to decline to accept or retain any person as a member of any trip. Participants are expected to exercise sound judgment, caution and consideration for people, places and things while on the trip and to be attentive and responsive to the guidelines set forth by the trip leader(s) and Contemporary. Failure to do so in a manner that may affect the welfare of the participant, the operation of the trip and/or the well-being of others, in the judgment of Contemporary or Sponsor, may result in the participant being removed from the tour at his or her own expense with no refund forthcoming. Contemporary reserves the right to cancel any trip with its sole obligation to refund all monies received by it for the trip. These terms and conditions can be changed only pursuant to a writing signed by an officer of Contemporary.