This Plan and Agreement sets forth the terms and conditions under which International Student Tours, Inc. (referred to hereunder as IST) and also d/b/a/ IST Spring Break located at 5080 Robert J. Mathews Parkway, Ste. B, El Dorado Hills, CA 95762, Tel #916-850-1976, Fax # (916) 939-8494 agrees to provide the Travel Package described within this brochure/ flyer/invoice/ website/confirmation. Please note that if you are under the age of 18 at the time of signing the application, your parents or guardians must also sign. IST and IST Spring Break are not responsible for forged signatures.
IMPORTANT TERMS AND CONDITIONS OF CONTRACT - READ CAREFULLY 1. RESPONSIBILITY: Neither IST nor IST Spring Break, nor IST’s or IST Spring Break, employees, affiliates, officers, directors, successors, agents, and assigns (collectively “IST” and “IST Spring Break”, respectively) owns or operates any person or entity which is to or does provide goods or services for your trip including, for example, accommodations, air, land, rail, water or other transportation, food service, local guides, etc. As a result, unless IST or IST Spring Break is negligent, IST and IST Spring Break, respectively, will not be responsible for personal injury or property damage caused by the supplier of these services, and if these services and components are prevented, restricted or interfered with by reason of events or causes beyond IST’s or IST Spring Break’s control, including without limitation, acts of civil or military authorities, by reason of statute, rule, or local law, action of federal, state or local government or agency, acts of public enemy, acts of terrorism, criminal activity, war, riot, embargoes, civil commotion, insurrection, strike or labor unrest, acts of God, attacks by animals, severe weather and climatic conditions, storm, flood, fire, earthquake, power or communication line failure, mechanical or structural failures or difficulties, diseases, sickness, food poisoning, unsafe sanitary conditions, quarantine, accident or illness in remote places without access to medical facilities, transportation, or means of rapid evacuation and assistance, acts or omissions of carriers including but not limited to breach of contract, failure to comply with any laws such as the Americans with Disabilities Act (“ADA”), cancellation, delay or overbooking, acts or omissions of other providers such as hotels, local ground handlers, entertainers or sightseeing services or restaurants including but not limited to breach of contract, failure to comply with any laws such as the ADA, cancellation, delay or overbooking, or travel participant negligence, IST and IST Spring Break cannot assume and are not to be held responsible for any claims, losses, damages (direct, indirect, consequential or incidental), costs or expenses including without limitation, injury, accident or death, inconvenience, loss of enjoyment, loss of pay, upset, disappointments, distress, or frustration, whether physical or mental, arising out of or in connection therewith. Participant assumes complete and full responsibility, and hereby releasesIST Spring Break and IST from any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination and all safety and security conditions of such destination, during the length of the proposed travel. IST Spring Break recommends that you visit the websites of the Department of Transportation (www.dot.gov) and the Federal Aviation Administration (www.faa.gov) for current news and releases regarding air travel and safety. IST Spring Break reserves the right to make changes inthe published itinerary whenever, in its judgment, conditions warrant, or ifit deems it necessary for the comfort, convenience, or safety of the trip. IST Spring Break reserves the right to decline any person as a member of thetrip, or to require any participant to withdraw from the trip, if at any time such action is determined to be in the best interest of the health, safety, and welfare of the trip, group or of the individual participant. Under such circumstances, no refund will be given. Baggage and personal effects are solely the responsibility of the owner.
2. RESERVATIONS AND PAYMENTS: A $150 non-refundable deposit* per passenger and a completed and signed Registration Form are required to secure a reservation. Mandatory payments will be required throughout the year. Failure to make payments will put your account into pending status and possible cancellation, requiring you to reinstate based on availability and a $40 reinstate fee. Complete payment is due January 23, 2015. For reservations made after January 1, 2015, payment in full is required with the Registration Form. IST Spring Break will process applications for reservations on a first come first-served basis. If space is not available when your reservation is received, we will retain your payment and place your name on a waiting list until space becomes available, or you request a full refund. There is a $25 per person fee (plus any airline or tour package imposed fees) for changing your reservation in any way, if permitted, once deposit has been received by IST Spring Break. Checks, money orders, cashier’s checks, MasterCard, Discover Card and Visa may be used for deposits and payments up to January 23, 2015. Reservations received after January 23, 2015, must pay in full, plusa $40 late fee, by cashier’s check, money order or credit card (no personal checks). Once your deposit is received, you will be sent a confirmation billing statement that includes your Traveler ID Number. This number should be written on all payments. Payments may also be made online at www. gradweek.com. Final payments must be received in our office by January 23, 2015; otherwise, you will be automatically cancelled. There will be a $20 service charge for returned checks and a $10 service charge for declined credit cards.
3. APPLICATION OF PAYMENT: This business has a trust account. As required by the California Seller of Travel Law, all payments are to be placed into the IST Spring Break Client Trust Account #3368097493, Wells Fargo Bank, El Dorado Hills, CA. 95642.
4. PRICES: The price of the trip, the original city and destination, and thehotels are set forth in this brochure and are incorporated herein by reference. Prices stated are based on airfares and rates in effect March 1, 2014, andalso reflect a discount for payment by cash, check or money order. Credit card price must add $19 per person (one time only) to the current cash discounted price. Airfares and rates are subject to change. Changes could include fuel surcharges, tax increases and other unforeseeable fees. We will notify you in writing if these fees change. Should your group require a specific departure date, and the associated costs for this trip are higher than our contractedrate, you may incur a higher price to accommodate this special request. If your group decides to change the destination, and the change is made after December 1, 2014, you may incur a change fee. Prices are based on quad occupancy (4 in a room) and “Run of House” availability, unless otherwise specified. If requested, we will assist you in finding roommates, but ISTSpring Break is not responsible if you have less than four per room. Once final rooming is completed, you will be billed for additional charges if your room has less than four per room. Published prices do not include the departure taxes described below and the $25 hotel security deposit described below, but these items will be included in your invoice. Any tips or gratuities not specifically mentioned as included in the total price are at your discretion. Brochure prices will not be guaranteed for those registering after December 31, 2014.
5. DEPARTURE TAXES: Prices on the brochure do NOT include U.S., Mexico and Caribbean departure taxes and fees. For most cities, taxes total $135 for international and $65 for Hawaii, as well as any applicable airport passenger facility charges and usage fees that may arise. Some cities may vary. These taxes and fees will be included in your invoices and must be paid to IST Spring Break at time of final payment. Government taxes and airport passenger taxes and fees are subject to change as noted in section 4 above. A participant’saccount becomes “paid-in-full” once all services, fees, rooming, taxes, refundable deposits and merchandise have been fully paid.
6. HOTEL SECURITY DEPOSIT: Each hotel requires a $25 per-person security deposit. This deposit amount is not included in the price but is required to be paid to IST Spring Break at time of final payment and will be included in your invoice. It is a room security deposit and is refundable if there is no damage to your room or any unpaid incidental balances. Refunds are processed 60-90 days after your return.
7. CANCELLATION AND REFUND: If you cancel your reservation, your rightto refund is limited, as set forth below. All Cancellations and requests for refunds, if applicable, must be submitted in writing mailed or faxed to theIST Spring Break corporate office. NO REFUNDS WILL BE ISSUED FROM VERBAL COMMUNICATIONS OR CANCELLATIONS GIVEN TO STUDENT ORGANIZERS. IT IS THE PARTICIPANT’S OBLIGATION TO ENSURE A WRITTEN CANCELLATION NOTICE IS RECEIVED BY ISTOURS. To protect the participant, mailed cancellations should be sent Return Receipt Requested. For faxed cancellations, keep confirmation of transmittal. Notice of cancellation must include name of participant and account number that corresponds to the registration. The following cancellation schedule will apply: IST SpringBreak highly recommends the Supplemental Insurance referenced inSection 9. Cancellations received BEFORE January 23, 2015 are assesseda cancellation fee of $150. Cancellations received AFTER January 23, 2015 and BEFORE January 30, 2015 are assessed a cancellation fee of $300. Cancellations received AFTER January 30, 2015 and BEFORE February 13, 2015 are assessed a cancellation fee of $500. Cancellations received AFTER February 13, 2015 will receive no refund. The actual fee depends on the date cancellation is received in writing by IST Spring Break. Once cancelled, there will be a $40 reinstatement fee, plus any additional airline/hotel fees, and only on a space available basis.
8. DEPARTURE DATES AND AIRPORTS: No representation is made concerning a particular date of departure, except that the date of departure can be ona Friday, Saturday, or Sunday of your chosen week. Departure dates are considered tentative until you receive your departure package. If you have not received your airline ticket at least 7 days prior to departure, please call the corporate office. Some departure cities listed on the brochure have multiple airports. Departure airports for New York are: Kennedy, LaGuardia, or Newark; for Chicago: O’Hare, Midway; for Washington: Baltimore, Dulles or National; for Charlotte/Raleigh: Charlotte or Raleigh; for San Francisco: San Francisco, Sacramento, or Oakland; for Tulsa: Tulsa or Oklahoma City; for Orlando: Orlando or Tampa; for San Antonio: San Antonio or Austin, for Miami: Miamior Ft. Lauderdale. The selection of the actual date of departure or specific airport (for multiple airports only) is at the option of IST and will not entitle you to a refund.
9. TRAVEL PROTECTION INSURANCE: Travel Protection Plan is available and strongly recommended should you be forced to cancel for medical covered circumstances (see brochure for coverage schedule), as specified in the insurance policy. This important, low-cost protection, which also coverstrip interruption, travel delays and baggage delays, is provided by Travel Insured International and can protect your investment. This insurance is non-refundable and non-transferable. This insurance is automatically billed to each Participant’s account. Participants must decline the insurance in writing to remove it from their account prior to cancellation and/or the final payment date of January 23, 2015. Please refer to Part B of the information brochure that will be provided to you or view the Travel Insured International link on our website. No premium refunds for this insurance are available unless there is a cancellation where you, the customer, are not at fault and have not cancelled in violation of the terms and conditions of this agreement.
10. BAGGAGE: Due to the frequent changes in baggage allowance, neitherIST nor IST Spring Break is able to state what the baggage allowance isper carrier at this time. IST and IST Spring Break will mail travel packets approximately 2 weeks prior to departure, which will state the airline you have been assigned and a phone number. It will be your responsibility to verify the baggage allowance directly with the carrier either on-line or by phone. Please be aware that some of the airlines do charge for checked baggage and it is the responsibility of the traveler to be aware of their policies prior to departure. Neither IST nor IST Spring Break is responsible for lost or damaged luggage.
11. DOCUMENTATION: United States citizens traveling to Mexico and the Bahamas must carry a valid U.S. Passport. Please visit www.travel.state.gov/ passport to find out how to obtain a U.S. Passport. Passengers that are not U.S. citizens must contact the appropriate consulate office for documentation requirements. Visit www.travel.state.gov/travel for the most current Travel Documentation Requirements. Those traveling to Hawaii will need a valid state or government issued picture ID. IST Spring Break assumes no responsibility for any changes in documentation requirements, nor are we responsible for carriage or entry into the destination city for any passenger not having proper documentation. It is the participant’s sole responsibility to have proper travel documentation. No refunds will be issued to participants who are denied boarding due to lack of proper travel documentation or misbehavior. The land and air carriers are not held responsible for any act, omission, or event during the time that passengers are not on board their craft and/or conveyances. We reserve the right to decline, accept, or retain any tour member, as a participant of these tours, at any time.
12. JURISDICTION AND VENUE: The terms and conditions set forth herein are governed by, and are to be construed in accordance with, the laws of the State of California. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret any term or condition or to enforce any right and/or legal remedy, such action must be brought in a State or Federal court in the State of California with a venue in the County of Sacramento.
13. PERSONAL EXPENSES: Prices include only those services specifically stated in the brochure. Items such as food, clothing, room service, telephone calls, purchased activities, tipping, and other items not specifically mentioned in the brochure are not included.
14. SELLER OF TRAVEL: International Student Tours, Inc. and IST Spring Break are registered as a Seller of Travel in the states of California and Washington. Respective sellers of travel registration numbers are: California #208587940, Washington #602-524-335. Please check website for updated information. Registration as a Seller of Travel does not constitute approval by the State of California. Right of California Customer to Make Claim on the California Travel Consumer Restitution Fund: In the event of the default of IST Spring Break, you may be eligible for a refund of up to $15,000 from the California Travel Consumer Restitution Fund. If you as a travel participant or as the person making payment on behalf of the travel participant (a “California customer”) are located in California at the time of your purchase, you have a right to make a claim against the Fund for a refund of any money paid to IST Spring Break that is due because of the bankruptcy, insolvency, cessation of operations,or material failure to provide transportation or travel services sold. The claim must be filed within one year after you become aware of your loss. For aclaim form and additional information, write to: Travel Consumer Restitution Corporation, P.O. Box 8474, Northridge, CA 91327. Non-California customers are not covered by California Travel Consumer Restitution Fund and are not eligible to file a claim against that Fund in the event of the default of IST Spring Break.
15. FLIGHT SCHEDULES/CHANGES/DELAYS: Flight times are not guaranteed and may affect actual length of time in destinations. Any flight information provided prior to departure is considered tentative and is subject to change in accordance with this agreement. Therefore, it is the sole responsibility of the tour participant to reconfirm both outbound and return flights. Flight delays are unfortunate, but are an inherent risk in air travel. Flight delays, missed night accommodations and expenses incurred due to flight delays, and missed connections to/from charter or scheduled flights are beyond the control and responsibility of IST Spring Break and IST. IST Spring Break is not responsible for persons failing to board the appropriate flight on time. IST Spring Break will not compensate any person for additional transportation costs incurred should they miss their flight. IST Spring Break is not responsible for any luggage and/or carry-on items at flight departure, airport/hotel transfers,hotel check-in/check-out, or at any other time. It is your responsibility to ensure that your belongings are placed on the correct flight and transferbus and brought to your assigned room. Please be sure that all belongings have current identification tags attached. By signing this agreement, the participant signifies his or her understanding that IST Spring Break offers supplemental luggage insurance and that the participant either has procured such insurance or has chosen to travel without it. If forces beyond IST Spring Break’s reasonable control (i.e., storms or other natural disasters, transportation strikes, etc) cause the trip to be extended, the participant must pay or reimburse IST Spring Break for all extra costs associated with such trip extension (i.e., lodging, meals, and transportation). In the unlikely event the entire trip is canceled due to circumstances beyond IST Spring Break’s reasonable control, IST Spring Break will refund the entire trip price to the participant, less any non-refundable service or other charges incurred byIST Spring Break. INTERNATIONAL FLIGHTS: The operation of these flights is subject to the foreign governments involved granting landing rights for the flight. If the air carrier cannot obtain these rights, the flight will be canceled and a full refund, less any non-refundable service charges will be made to the participant.
16. ALCOHOL CONSUMPTION POLICY: IST Spring Break does not provide, promote, or profit from the use of alcohol in any of its programs. The drinking age in the Republic of Mexico and the Bahamas is 18 years old. The drinking age in Hawaii and Panama City, Florida is 21 years old and the restaurants, bars and nightclubs may require identification and proof of age to consume alcohol. IS Tours Spring Break has contractual relationships with certain suppliers in Mexico and the Bahamas who sell optional packages to our travelers. Some of these packages may make alcoholic beverages available. Some activities occur in locations that serve alcohol. Excessive use of alcohol can result in injury and severely impaired judgment. IST Spring Break does not condone the abuse of alcohol.
17. PARTICIPANT RESPONSIBILITY: You are responsible for your actions on the entire tour, beginning and ending with air flights. IST Spring Break AND IST STAFF ARE NOT CHAPERONES. It is your decision and choice to participate or not to participate in activities. Activities are not mandatory; they are voluntary. Your decision to participate is not actionable against IST Spring Break or IST. Further, you are responsible for the consequences of your participation. You should be aware of the risks and possible danger inherent in traveling andin various water/resort activities in which you may, at your own discretion, voluntarily participate. Your participation in such activities is entirely voluntary, and if you choose to participate in such activities, you do so at your ownrisk. Inappropriate and/or illegal behavior can be cause for eviction fromyour hotel and/or the program without refund for the unused portion of the trip and can be cause to be sent home at your expense. Please check travel advisory boards for your particular destination. Final trip documents will be sent to you, your group leader, or campus representative 5-10 days prior to departure. Documents will not be sent until full payment and a signed copy of the Tour Participant Agreement is received in our office. IST Spring Break cannot be responsible for lost or misdirected mail. Changes and updates in your address and phone number should be submitted in writing or online at www.istours.com.
18. HOTELS: Cancun: Oasis Cancun, Gran Caribe Real, Hyatt Regency, Omni, Fiesta Americana, NH Krystal, Nassau: Wyndham Hotels, Nassau Palms Resort, Atlantis, Paradise Island Resort. Hawaii: Sheraton. In case of hotel overbooking, IST Spring Break will relocate you to a property of equal or superior value at no extra cost to you.
19. DISABLED ACCESSIBILITY: Hotels, transportation services, and other facilities in foreign countries are not necessarily disabled accessible. If you have a disability that requires accommodation or special assistance, you must notify us in advance. Upon written request, information will be provided to you regarding accessibility to various facilities.
20. SHARING OF INFORMATION: Because our travel services are offered in conjunction with the services of other companies such as airlines, hotels,and other tour operators, IST Spring Break may be sharing your personal information with those companies. We may share the following information: Name, address, phone, birth date, gender, and school you attend or teach at, and/or email. IST Spring Break may also share this information with other non-related companies, unless you inform IST Spring Break in writing that you do not consent to sharing of your information to non-related companies. IST Spring Break may capture the Tour on film and digital images and use photos, videos and digital images for its marketing materials, including but not limited to brochures, internet websites, mailers, etc. As a result, you may notice people taking photos, shooting videos, and/or asking comments of you and your friends during the Tour. We appreciate your participation in our photos, videos, and evaluations, and IST Spring Break reserves the right to use these to promote and advertise future tours.
21. ASSIGNMENT: This Agreement and the rights granted hereunder may be assigned in whole or in part by the IST and IST Spring Break without the prior written consent by the Company. IST and/or IST Spring Break may assign this Agreement and the rights granted hereunder to any third party.
22. ENTIRE AGREEMENT: The terms of this agreement shall serve as a complete release and express assumption of risk for the undersigned trip participant, his or her parent(s)/legal guardians(s), heirs, assignees, administrators, executors and all members of his/her family. I/we have read and fully understand the provisions and legal consequences of this voluntary release/assumption of risk, and I/we hereby agree to all of its conditions.
**Re-Usable: Original deposit may be reused on an IST Spring Break Travel Program within the next 3 years, provided you are cancelled prior to January 23, 2015. This deposit is only fully creditable under the full refund provisions of Section 7 of this Agreement.