Travel Tour Agreement

TRAVEL TOUR AGREEMENT

This Travel Tour Agreement (Agreement) is entered into as of the date of signature below by and between Tour Operator: with business address ("Operator") and Client Name: with address ("Client").

RECITALS

WHEREAS, Operator organizes, markets and conducts travel tours and related services for paying clients; and

WHEREAS, Client desires to reserve and purchase from Operator the travel services set forth below under the terms and conditions of this Agreement; and

WHEREAS, Operator agrees to provide such services subject to the terms, conditions and limitations set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement the following terms have the meanings stated: "Tour" means the travel itinerary and services described in Section 2; "Participant" means any person designated by Client to travel under this Agreement; "Force Majeure" has the meaning set forth in Section 10.

2. SERVICES AND ITINERARY

Operator will provide the tour services described below subject to availability, including transportation, accommodations, guided activities and other services specified in the itinerary.

Tour Name:   Start Date:   End Date:

3. PAYMENT AND FEES

Client shall pay Operator the Total Price for the Tour as set forth below. Payments must be made in the amounts and by the dates specified. Failure to pay amounts when due permits Operator to cancel Client's reservation in accordance with Section 4.

Deposit Due Date:   Balance Due Date:

4. CANCELLATION, CHANGES AND REFUNDS

All cancellations or change requests must be made in writing and are effective on receipt. Cancellation fees apply as follows unless otherwise agreed in writing.

Operator reserves the right to cancel any tour for insufficient enrollment or other commercial reasons; in such event Operator's liability is limited to refunding payments received for the cancelled services.

5. CLIENT RESPONSIBILITIES

Client must possess valid travel documents, visas and vaccinations required for the Tour. Client shall provide accurate Participant information as required by Operator and suppliers.

6. HEALTH, MEDICAL AND SAFETY

Client represents that each Participant is physically and mentally capable of participating in the Tour. Client must disclose medical conditions that may affect participation. Operator may remove any Participant whose condition endangers others or impedes the Tour, in which case Client remains responsible for all costs.

7. INSURANCE AND LIMITATION OF LIABILITY

Operator strongly recommends that Client obtain comprehensive travel, medical, evacuation and cancellation insurance. Operator is not an insurer and is not responsible for losses due to theft, illness, acts of third parties, or events beyond Operator's control except as expressly provided in this Agreement.

Client confirms that travel insurance has been: Purchased Declined

To the maximum extent permitted by law, Operator's total liability for any claim related to the Tour shall be limited to the amounts received from Client for the portion of the Tour to which the claim relates.

8. INDEMNIFICATION

Client shall indemnify, defend and hold harmless Operator, its officers, employees and agents from and against all claims, liabilities, damages and expenses arising out of Client's or any Participant's negligent or willful acts or omissions in connection with the Tour.

9. FORCE MAJEURE

Operator is not liable for failure to perform due to events beyond its reasonable control, including but not limited to acts of God, war, civil unrest, terrorism, strikes, epidemics, governmental travel restrictions, severe weather, or supplier insolvency. In such events Operator will use reasonable efforts to offer alternatives or refunds where appropriate.

10. TERMINATION

Either party may terminate this Agreement for material breach by the other party if such breach is not cured within fourteen (14) days after written notice. Termination does not relieve Client of any payment obligations incurred prior to termination unless otherwise agreed in writing.

11. NOTICES

All notices required or permitted under this Agreement must be in writing and delivered to the addresses set forth below or to such other address as a party designates by written notice to the other.

12. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction indicated below without regard to conflict of laws principles. The parties submit to the exclusive jurisdiction of the courts located in that jurisdiction for resolution of disputes.

Governing Law Jurisdiction:

13. ENTIRE AGREEMENT; SEVERABILITY

This Agreement, including any attached or incorporated written itinerary, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect.

14. AMENDMENTS; WAIVER; COUNTERPARTS

No amendment, modification or waiver of this Agreement is effective unless in writing and signed by both parties. A waiver of any breach does not constitute a waiver of subsequent breaches. This Agreement may be executed in counterparts, each of which is an original and together constitute one instrument.

15. MISCELLANEOUS

Client acknowledges receipt of the described itinerary and terms and agrees to the Supplier Terms and Conditions provided by Operator. Any supplier terms relating to specific elements of the Tour (hotels, carriers, local guides) are incorporated herein by reference to the extent applicable.

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