Turicum LLC - TERMS & CONDITIONS FOR WINE STUDY TRIPS
Parties:
Turicum LLC (“Operator”) provides certain trips in countries including but not limited to France, Italy, Germany, Greece, and Switzerland (each a “Trip”). These Terms and Conditions (the “Terms and Conditions” or “Agreement”) apply to each Trip provided by Operator. The program for a given Trip is the “Itinerary.” In these Terms and Conditions, each attendee of the Trip is referred to as a “Guest.”
Trip Services and Provisions: Operator is responsible solely for coordinating the provision of the services and goods specifically described in the Itinerary (the “Services and Goods”).
DEFINITIONS
- In this Agreement, the term “Wine Tour Activities” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Operator in relation to the Trip and other such activities, events, and services in any way connected with or related to the Operator.
Reservations, Deposits and Trip Fees:
A non-refundable and non-transferable deposit of US$1500 per Guest per Trip (except when a different amount is otherwise noted in writing by Operator) and a completed Guest Reservation Form (“Reservation Form”), which includes electronic acceptance of these Terms and Conditions, is required for a Guest to reserve space for each Trip. The balance of the Trip payment price (together with the deposit previously paid, the “Trip Fees”) is due sixty (60) days before the Trip Start Date as listed on the Itinerary. If Operator does not receive full payment of the Trip Fees at least sixty (60) days prior to the Trip Start Date, as defined below, Operator may cancel Guest’s reservation and withhold the non-refundable and non-transferable deposit. Guests will be invoiced for payment of the final balance. All Trip Fees are in U.S. Dollars and are based on double occupancy. Due to US Dollar/Euro exchange rate fluctuation and other factors, Operator can only guarantee the amount of the total Trip Fees upon Operator’s receipt of Guest’s completed Reservation Form and payment of the Trip Fees. Otherwise, at any time prior to payment of the Trip Fees, the total advertised Trip Fees due are subject to change without notice. If Guest makes his or her reservation within sixty (60) days of the Trip Start Date, the Reservation Form must be accompanied by payment of the full amount of the Trip Fees.
Services and Goods Included in Trip Fees: All Services and Goods set forth in the Itinerary are included in the Trip Fees. Except as expressly stated in the Itinerary, Guest is solely responsible for any Trip-related costs that Guest incurs.
Not included in Trip Fees: Goods and services not included in the Trip Fees include but are not limited to: roundtrip airfare/train fare to and from Trip destination country and Trip start and conclusion city or group meeting location, telephone calls, personal items, laundry, individual purchases, pre-dinner beverages or cocktails consumed separately from the group or during leisure time, wines or other beverages not included by Operator during the Trip, extra meals or snacks, room service, cocktails, or personally ordered wines, even if consumed in place of those provided by Operator during the Trip, gratuities to Trip Guide(s)/Leader(s) and professional driver(s) of the Trip, any other costs not specified in the finalized Itinerary or elsewhere in writing. Guest is responsible for all of the above and the cost of any changes Guest makes to the Trip and Services and Goods provided for the Trip. Guest is responsible for his/her transportation costs incurred to and from the Trip hotels set forth in the Itinerary in the event that Guest is unable to participate in any group pick-up and/or group drop-off included in the Trip.
Guest Cancellation & Refund Policy:
If Guest chooses to cancel his or her reservation, Operator must receive written notice of said cancellation via e-mail sent to [email protected] (with confirmation of receipt thereof from Operator) and Guest shall be subject to the following cancellation fee schedule: If Operator receives written notice ninety-one (91) or more days prior to the first day of the Trip (the “Trip Start Date”), Operator shall withhold the non-refundable deposit of US $1500. If Operator receives written notice between sixty-one (61) and ninety (90) days prior to the Trip Start Date, Operator shall withhold the non-refundable deposit and Guest shall incur a cancellation fee equal to twenty-five percent (25%) of the remaining balance of the Trip Fees. If Operator receives written notice between thirty-one (31) and sixty (60) days prior to the Trip Start Date, Operator shall withhold the non-refundable deposit and Guest shall incur a cancellation fee equal to fifty percent (50%) of the remaining balance of the Trip Fees. If Operator receives written notice less than thirty (30) days prior to the Trip Start Date or receives no notice and Guest does not attend the Trip, Guest shall incur a cancellation fee equal to one hundred percent (100%) of the Trip Fees.
Operator Cancellation or Substitution:
Operator may cancel any Trip at any time prior to the Trip Start Date for any reason, including without limitation if Operator deems the number of passengers signed up for a given Trip to be insufficient to operate such Trip. Operator will make commercially reasonable efforts to keep the Itinerary as it has been published; however, the final Itinerary may vary due to wine producer schedules, availability and factors beyond Operator’s control. Operator may in its sole discretion substitute a Service or Good of similar or greater quality for any Service or Good stated in the Itinerary. Operator shall attempt to notify Guest of the cancellation of a Trip for which Guest has paid a deposit or Trip Fees as soon as possible after Operator’s final decision to cancel such Trip. If a trip is canceled by Operator for reasons other than force majeure, Operator will refund all Trip Fees paid by Guest as of the date of cancellation, but Operator will not be liable for any additional costs, damages, or refunds of any kind for any loss, delay, inconvenience, disappointment, or expense whatsoever in such circumstances.
If by force majeure, a Trip, whether in planning, scheduled, or in progress, must be interrupted or canceled, Operator may in its sole discretion refund that portion of the Trip Fees paid by the Guest, less any costs incurred at the time of cancelation, including the costs of deposits for travel, hotels, or other expenses. Operator may refund to Guest as much of such Trip expenditures as Operator can recover on the Guest’s behalf from third parties, but shall have no obligation to do so, or liability for the same.
The term “force majeure,” as here employed, shall mean an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, storm, flood, explosion, governmental action, governmental delay, governmental restraint or inaction, unavailability of equipment, travel prohibition, pandemic, and any other cause, whether of the kind specifically enumerated above or otherwise, which is not reasonably within the control of the Operator.
The Guest acknowledges that they are aware of the risks associated with contracting the condition or illness commonly known as COVID-19 or its variants, and acknowledges that they are solely responsible for their own safety and actions. The Guest hereby releases, waives, and discharges the Operator from any liability, claim, or demand arising from COVID-19 and the operation of the Trip.
The Guest further acknowledges that during any Trip they must comply with all health and safety requirements of the Operator and any vendor, facility, local government, or other third party such as Trip hosts (hotels, restaurants, wine producers, etc.…) related to COVID-19, including, but not limited to, social distancing, maximum capacity at various venues, mask-wearing, vaccination, and showing government-accepted proof of vaccination or other similar requirements. Failure to comply with any such COVID-19 related health and safety requirements may, in the sole discretion of the Operator, lead to the cancellation of this Agreement, and the termination of the Guest’s participation in the Trip. Furthermore, without regard to the health and safety requirements of any third party, Operator reserves the right, in its sole discretion, to require guests to be, and provide proof of, vaccination against COVID-19 and/or its variants.
In the event a Guest’s participation in the Trip is canceled or terminated due to failure to comply with COVID-19 related health and safety requirements, no portion of the Trip Fees will be refunded to the Guest. As guidelines and regulations continue to evolve in the country of destination, we will communicate to you the policies and procedures which are relevant to your trip before you travel with us and throughout your trip should the regulations change. Participants are responsible for staying informed of the travel and sanitary requirements of their country of departure and any country in which guests may transit.
Trip Cancellation Insurance:
Operator strongly recommends Guests to purchase a private trip cancellation (“cancel for any reason” plan) and interruption insurance and additional health insurance to protect against financial loss from unforeseen accidents, illness, quarantine, hospitalization, incidents, and/or loss of baggage.
Accommodations:
Standard Guest accommodations during a Trip are double occupancy (one double bed for two persons) or twin occupancy (two twin-sized beds for two persons), and will include a fully equipped, en-suite bathroom. Operator shall charge an additional fee for any single room accommodations during a Trip (the “Single Supplement”). Rooms in International hotels may not all be identical, and room assignments are made at Operator’s discretion.
Meals, Wine, and Beverages:
Meals included in the Trip have fixed menus and will include a fixed number of wines to be chosen by Operator. Guest must inform Operator in writing at least 30 days prior to the Trip Start Date if Guest has any dietary restrictions, food allergies or strong food dislikes. Operator will make a commercially reasonable effort to accommodate such special requests, but Operator cannot be held responsible if Operator is unable to accommodate them. If Guest chooses to order food or drinks other than the ones chosen by Operator and included in the Trip, Guest must pay for those items at the end of the meal.
Certification of Guest’s Health:
By accepting these Terms and Conditions and/or tendering any portion of the Trip Fees to Operator, Guest certifies that he or she is physically able to participate in the Trip, and that Guest understands that health care standards, facilities, services, and accommodations abroad may be different or even inadequate for treating or accommodating certain health conditions and/or disabilities. Guest should be aware that there might be periods of time with extended standing, 10 to 15 minute walks as well as weather conditions such as heat waves that may require a sound physical state.
Responsibility/Liabilities:
Guest is solely responsible for complying with the requirements of all immigration, health, customs, and police authorities, and all other laws and regulations, including current COVID 19 regulations of each country and state from or to which Guest will travel. Guest agrees to indemnify Operator for any expenses or fines which Operator may incur as a result of Guest’s noncompliance with this section. Guest is also responsible for respecting the authority and following the directions of Operator and Trip Guide/Leader during a Trip. Except as expressly stated in these Terms and Conditions, Operator is not liable for (i) death, personal injury, illness, damage, delay, or any other loss to person or property of any kind arising from the Trip or the Services and Goods, or (ii) for any acts of God, war, terrorism, civil commotions, labor trouble, governmental interference, fire, theft, acts of third parties, or any other event beyond Operator’s reasonable control. Operator’s liability shall be strictly limited to that resulting from Operator’s willful misconduct. In no event shall the liability of Operator exceed the amounts paid by the Guest to Operator under the terms of this Agreement. Operator always strives, to the best of its ability, to provide the highest quality Services and Goods to Guests. However, Operator makes no representations or warranties, whether express, implied, or statutory, regarding the Services or Goods and disclaims any and all of the following: (i) implied warranties of availability, merchantability, and fitness for a particular purpose of the Services and Goods. Only Operator may finalize a reservation and make it a binding contract to provide Operator’s Services and Goods to Guest. Operator may refuse or revoke passage, Services or Goods, and/or otherwise exclude Guest from participating in the Trip if, in Operator’s sole discretion, it deems any Guest in a condition, and/or deems any Guest’s behavior, unfit for the Trip or unfit for continuation once the Trip has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of Trip Services and Goods, or may constitute a hazard, an offense or an embarrassment to any Guest, the Operator, and or/any local host or other provider of Services or Goods, including behavior that interferes with the ability of other Guests to enjoy the Trip. In such cases, Operator shall have no liability to Guest. Should Guest decide not to participate in certain Services during a Trip or use certain Goods included in a Trip, no refunds will be made for those unused Services or Goods. Guest must be age twenty-one (21) or older to participate in a Trip. By signing these Terms and Conditions and/or tendering any portion of the Trip Fees, Guest indemnifies and holds Operator harmless from and against any costs, damages, losses, or liabilities arising out of Guest’s actions or omissions or, if applicable, those of Guest’s companions.
General:
Any dispute relating to the Trip, the Services and Goods, the Itinerary, the Wine Tour Activities, and/or these Terms and Conditions, shall be governed by California law as such laws apply to contracts performed within California by its residents. Any such dispute will be resolved exclusively in the state or federal courts located in and for Napa County, California and Guest irrevocably consents to the exercise of jurisdiction by said courts over Guest. Guest must bring any claim(s) against Operator within one year of the incident(s) giving rise to the claim(s). Guest acknowledges this expressly limits the applicable statute of limitations to one year. By signing these Terms and Conditions and/or tendering any portion of the Trip Fees, Guest grants Operator (and third parties with whom Operator may engage in joint marketing) a worldwide, perpetual, royalty-free, fully paid-up license to use his or her photographic, video, or digital likeness and written comments or feedback about the Trip solely for Operator’s promotional and/or commercial purposes. Any Guest who does not wish to have his or her photograph, video footage or comments/feedback used by Operator must advise Operator in writing no later than the Trip Start Date via e-mail sent to [email protected] (with confirmation of receipt thereof from Operator). Guest also grants Operator his or her permission to share his or her email address with other Guests taking the same Trip, so that Guests may communicate before and after the Trip. Any Guest who does not wish to have his or her email address shared by Operator with other Guests must advise Operator in writing at the time that Guest makes his or her reservation for the Trip, via email to [email protected] (with confirmation of receipt thereof from Operator). If there are any conflicts between these Terms and Conditions, the Reservation Form, and the Itinerary, these Terms and Conditions shall apply.
Operator acts solely as agent for Guest with respect to all transportation, hotel and other trip arrangements. In that capacity, neither assumes nor bears any responsibility or liability for any injury, death, damage, loss, accident, delay, or irregularity arising in connection with the services of any airplane, train, ship, automobile, motor coach, carriage, or other conveyance, or the actions of any third-party involved in carrying the traveler or in affecting these trips. Operator is not responsible for damages, additional expenses, or any other losses due to cancellation, delay or other changes in air or other services, sickness, weather, strike, war, civil disturbances, acts or threats of terrorism, travel warnings or bans, termination or suspension of war risks or other carrier insurance, quarantine, acts of God or other causes beyond its control. All such losses must be borne by Guest. Operator is not responsible for delays, changes or cancellation costs due to incorrect, incomplete or expired traveler documents.
Passports, Visas, and Insurance – It is Guest’s responsibility to have a valid passport and any necessary Visas as well as any necessary travel and medical insurance. In the event of a medical emergency, Guest will reimburse Operator for any costs that Operator incurs in exercising reasonable care for the health and safety of Guest.
Property damage or loss – In the event Guest damages any property, Guest is responsible for full payment to the accommodation owner or supplier of services. Operator is not responsible for any loss of property from theft.
RELEASE OF LIABILITY AND INDEMNIFICATION
TO: Turicum LLC dba Napa Valley Wine Academy (the “OPERATOR”), AND ALL TOUR OPERATORS AND ORGANIZERS WHO PROVIDE OR MAKE
AVAILABLE FACILITIES, PREMISES OR SERVICES FOR THE OPERATOR, and their respective directors, officers, employees, agents, guides, volunteers, independent contractors, representatives, successors and assigns (collectively referred to as the “RELEASEES”):
Acknowledgment – SAFETY
I acknowledge that I am embarking on a wine tasting tour that involves the consumption of alcohol. I take full responsibility for my actions, safety, and welfare during the Trip. I further understand that I will be a member of a group and that I will conduct myself in a way that does not endanger either myself or the group. I represent that I do not have and am not aware of any medical or physical condition(s) that would make it
inadvisable for me to: i) participate in the Trip, ii) to consume alcohol, or iii) which would result in any injury or damage to me or others as a result of my consumption of alcohol. I acknowledge that it is my responsibility to provide for my own accident and health coverage while participating in the Trip.
ASSUMPTION OF RISKS
I am aware that participation in Wine Tour Activities involves risks, dangers and hazards including, but not limited to: transportation to and from various locations, visiting and touring vineyards and operating wineries including areas that may not be normally open to the public and which may be actively engaged in the production and manufacturing of wine, visiting restaurants, hotels and other places including areas that may not be
normally open to the public, the consumption of alcohol throughout the Trip, and the possibility of negligence of others.
I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH WINE TOUR ACTIVITIES, AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING FROM THEM. I ALSO ACCEPT RESPONSIBILITY FOR ANY PERSONAL OR PROPERTY DAMAGE CAUSED BY OR AS A RESULT OF MY PARTICIPATION IN WINE TOUR ACTIVITIES.
In consideration of THE RELEASEES accepting my application to participate in the Trip and/or Wine Tour Activities and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer resulting, either directly or indirectly, from my participation in the Trip and/or Wine Tour Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF WINE TOUR ACTIVITIES;
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any claims or demands resulting from any property damage or personal injury to any third party, which might be made against the Releasees resulting from my participation in the Trip and/or Wine Tour Activities;
That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns and representatives, in the event of my death or incapacity;
That this Agreement is binding and that I am not relying on any oral or written representations or statements made by the Releasees other than what is set forth in this Agreement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT.
