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Tour Contract

General.  Upon full payment of  the tour price by the participant, Image Tours, Inc.,2828 Kraft Ave. S.E. Grand Rapids,MI 49512,  Ph: 616/957-1010, Fax: 616/957-0103, hereinafter referred to as Image Tours, agrees to secure the services specified in the brochure or website for this tour, subject to the terms, conditions, and limitations contained in this contract.  The participant agrees that if there are any corrections or changes, the correct information will prevail.

Included.  Consult the ‘Included Features’ and the itinerary for this tour.

Not Included.  Fees and charges for laundry, beverages (except coffee, tea or milk with breakfast or when expressly specified), optional excursions, passports, visas, inoculations, postage, phone calls, any items of a personal nature, or any other items or services the inclusion of which has not been expressly specified in the brochure or website for this tour.  Also not included are any fees associated with (or in connection with) air transportation, including but not limited to seat assignment fees and baggage fees.

Image Tours.  Image Tours is a Michigan Corporation headquartered in Grand Rapids,Michigan.  Since its inception in 1939, Image Tours has developed relationships with air carriers and European tour and hotel operators.  Image Tours is able to secure the services of these independent entities at more favorable rates than are available to the general public.  Therefore, Image Tours is able to offer its customers a quality tour vacation at an affordable price.  Image Tours is a tour coordinator.  Image Tours does not own, operate, or employ any of the airlines, hotels, tour buses, or tour operators utilized as part of its offered tour packages.

Airlines, Tour Managers, Drivers, Accommodations.  Image Tours strives to coordinate a pleasurable and memorable trip for all of its customers, but it must be remembered that all aspects of the tour, including but not limited to travel, accommodations and actual tour operations, are furnished by independent companies which are not under the direct control of Image Tours.

Driver/Tour Manager.    As a general rule, Image Tours secures both a driver and a tour manager for tours.  Under certain circumstances, Image Tours may have the driver double as the tour manager.

Itinerary Deviations.  Due to special circumstances, including but not limited to holidays, special events, seasonal schedule changes, weather, traffic delays and itinerary adjustments, some sights and stores may have limited hours or may not be available.  Under such circumstances or toward the improvement of the tour experience, Image Tours and the tour manager reserve the right to make changes in the itinerary or sights, at their sole discretion.

Reservations.  Image Tours requires a signed Reservation Application and deposit for each participant within one week from the date you make your reservation.  A signed Reservation Application means that the participant has reviewed this Tour Contract and agrees to abide by its terms and conditions.  Take or mail your signed Reservation Application and a non-refundable deposit of $345 per person (which includes the insurance premium) to the address on the Reservation Application.

Travel Insurance.  The Image Tours Travel Protection Plan insurance premium is included in the price for this tour.  No Travel Deferral benefit is available for groups.  The insurance will only cover U.S. citizens or residents.  For a complete description of the insurance, consult www.tripmate.com/wpF432i.

Final Payment must be received   by Image Tours prior to June 12,   2013.    Please Note:  ImageTours will not release Trip Documents for any participant for whom it has not received a signed Reservation Application and payment in full.   Image Tours reserves the right to cancel a reservation for which it has not received payment by the due date, or for which it receives a check that is returned to Image Tours due to insufficient funds.  Cancellation penalties will apply.

Price Changes.  Prices are based on tariffs, taxes, and rates of exchange as they were known to Image Tours on the date of booking, and are subject to change without prior notice.  However, if the price increases by more than 6%, the participant(s) may, within seven (7) days from the date of notification of such increase, cancel with full refund.

Price Guarantee.  Image Tours will guarantee the Tour Only price after receiving the deposit and Reservation Application.  Image Tours guarantees the Tour and Air Inclusive price after the reservation is paid in full and tickets are issued.  In order to guarantee the air price, Image Tours must issue the air tickets.  Therefore, by submitting final payment for a tour and air inclusive reservation, clients are requesting that Image Tours issue the air ticket.  Subsequently, if clients need to cancel or make a change, they will be responsible for the cancellation penalties stated under ‘Cancellations’ in this Tour Contract.

Cancellations.  Image Tours must receive written notification of cancellation.  The date such notification is received by Image Tours will determine the applicable cancellation penalties.  The following cancellation penalties apply and will be retained by Image Tours:
1)    More than 50 days prior to participant’s scheduled departure date,
a.  Prior to final payment, $200 per person plus insurance premium.
b.  After final payment, $200 per person plus any cancellation fees charged by the airlines and insurance premium.
2)    From 49 days to 1 day prior to participant’s scheduled departure date,
a.   Without a medical statement,   50% of the total tour price plus all costs associated with the air transportation and insurance premium.
b.   With a valid medical statement  (see ‘Medical Statement Requirements’ in the next section), 30% of the total tour price plus any cancellation fees charged by the airlines and insurance premium.
3)    Scheduled departure date and after, no refund.
4)    No refund will be issued for any unused portions of a tour.

NoteCancellations must be done by room.  Room type changes due to cancellation are subject to confirmation by Image Tours. In most cases, it will not be possible to confirm a change to a single room within 60 days prior to departure.

Medical Statement Requirements.   To be eligible for the refund provision under section 2) b of the above ‘Cancellations’ policy, it is your responsibility that Image Tours receives a valid medical statement within eight weeks of the date you were scheduled to leave.  If, for any reason, Image Tours does not receive a valid medical statement within eight weeks of the date you were scheduled to leave, your cancellation will be processed in accordance with section 2) a of the above ‘Cancellations’ policy.   A valid medical statement must meet all the following criteria:
1) Typed or legibly written on the letterhead (including the address and phone number) of an attending  licensed physician (M.D.).
2) Signed by the physician.
3) State specific dates the passenger is unable to travel.  These dates must include the entire duration of the scheduled tour.
4) State a specific, medical reason why the passenger was unable to travel, due to the illness of the participant or participant’s travel companion; or death of the participant or participant’s travel companion, or a member of participant’s immediate family,  namely, spouse, child, brother, sister, parent, in-law, grandparent, or grandchild.

Change Fees.
 After Image Tours receives the deposit, all changes, including but not limited to departure/return date (when the tour date remains   the same), departure/return city in U.S., arrival/return city in Europe, ‘air and tour’ to ‘tour only’ and vice versa, and spelling of participant’s name, are subject to availability and acceptance by Image Tours and may result in an increase in your price.  Changes must be submitted in writing, and if confirmed by Image Tours, the following change fees will apply, in addition to any applicable increase in your price:
1)    Prior to final payment, $50 per person
2)    After final payment, all changes  are considered a cancellation and re-booking and thus, are subject to the cancellation policies outlined under ‘Cancellations’ in this Tour Contract.

Tour changes (to a different tour date or itinerary), and name changes (substitutions) are always considered cancellations/new bookings and are subject to the cancellation policies for that  tour.

Baggage Allowances
1)    Suitcase – Motor Coach Allowance:   Each participant on the tour is entitled to one suitcase on the motor coach.  The suitcase cannot exceed 62 total linear inches (length + height + width, excluding wheels and handles), cannot exceed 12 inches on the shortest of the three measurements, and cannot exceed  50 lbs. (23 kgs.) in weight.  This applies throughout the tour (please be considerate of the drivers and porters) and on your return trip as well. Therefore, if you plan to do some shopping, you will want to start the tour with a suitcase that weighs less than 50 lbs.  The following are a few examples of common luggage sizes currently on the market that fit the luggage allowances:

28″ x 18.25″ x 11.25″ (57.5″ linear)
28″ x 21″ x 10.5″ (59.5″ linear)
29″ x 21″ x 11″ (61″ linear)
22.5″ x 29.5″ x 10″ (62″ linear)
29.5″ x 20″ x 12″ (61″ linear)

Baggage space on the coach is limited, and with a full complement of passengers we cannot comfortably accommodate more baggage.  In fairness to all passengers, our tour managers are instructed to direct any  participant with a suitcase exceeding the allowance to purchase a replacement bag on Day 2 of the tour and to leave the  over-sized bag behind or ask the hotel to ship it back home, entirely at the participant’s own expense. If there is room on the motor coach for the over-sized luggage, the tour manager may allow the over-sized luggage on the motor coach, in which case the tour participant must pay the equivalent of $5.00 per day to the tour manager at the beginning  of the tour. If luggage weighs more than 50 lbs., the tour participant will be required to carry their own luggage between the motor coach and hotel room.

2)   Suitcase – Airline Allowance:  Airline baggage allowances may differ from the ‘Motor Coach Allowance’.  Airline baggage fee policies are changing frequently and are inconsistent between carriers.  Airline baggage fees are not included and,  if charged, passengers are responsible to pay any applicable baggage fees directly to the airline at time of check in.  To minimize (and possibly avoid) baggage fees, Image Tours recommends you follow the same checked baggage allowance for air travel as outlined for the motor coach, namely one suitcase not to exceed 50 lbs. and 62 linear inches.

3)   Carry-on Allowance:  Each passenger is entitled to one carry-on.  The carry-on may not exceed 15 lbs. and must fit in the space under your seat  on the motor coach.  This space measures 17” x 14” x 8”.   In addition, each participant may carry a coat over their arm, a camera or small purse over  their shoulder, and a magazine or  book in their hand.  Any carry-on item that does not fit under the seat of the motor coach will need to be carried on the tour participant’s lap while on the motor coach, and therefore we strongly recommend consolidating your carry-on  items within the measurements of 17” x 14” x 8”.

Baggage Loss or Damage.   Baggage loss or damage sustained while in the custody of an airline, hotel, bus company, or transfer company is not the responsibility of Image Tours.  Airline liability for passengers’ baggage is stated on the passenger contract included in your final documents, or a statement can be found on file for inspection at the offices of the airline or on the airline’s website.  The airline’s liability shall in no event exceed the actual loss incurred by the passenger, subject to proof of the amount of the loss.

What to do in case of damage or loss by an airline:   The participant must report the loss or damage immediately (while still at the airport) to the airline in question for two reasons:

1) Most airlines require immediate claims or they will not accept them
2) Insurance companies have the right to void any claim that is not  reported immediately.

Air Schedules.  Prices are based on using the most economical IATAN member carrier and air schedule, in Economy Class. Air schedules will be provided after the tour and air inclusive reservation is paid in full and tickets are issued.  Airline baggage fees are not included and must be paid at the airport if charged by the airlines.  Frequent Flyer Miles, luggage transfer service between flights, and pre-assigned seats may not be available.  Air schedules are subject to change at any time, and cancellations by the tour participant due to changes in airline or changes in flight schedule will be subject to the cancellation conditions as outlined under ‘Cancellations’ in this Tour Contract.  If you wish to request a specific schedule or airline, you will be responsible for any price increases, change fees, or additional penalties and may not be eligible for airport transfers.  When requesting Business Class air, expect to pay at least $2,700 additional per person.  Always check before purchasing tickets from another source.  Image Tours does not recommend issuing air tickets until within 60 days prior to departure.  Image Tours shall not be held liable for any penalties incurred from the cancellation or change of an air ticket purchased through another source, regardless of the reason.

Responsibility of the Airlines.  The airlines are not held responsible for any acts, omissions, or events during the time the passengers are not on board their aircraft or conveyances.  The passenger’s contract in use by the airlines, when issued, shall constitute the sole contract between the airline and the passenger.  Any and/or all transportation companies shall have or incur no responsibility for liability to any traveler aside from their liability as common carriers.  Services performed and tickets issued by the air carrier are subject to rules and regulations relating to liabilities established by the Warsaw Convention and the terms and conditions of this contract.

Cancellation by Image Tours.   Image Tours reserves the right to cancel a tour at any time for any reason, and its liability shall be limited to a refund in full of only those moneys it has received from or on behalf of the participant.  If the participant has purchased the air ticket through any source other than Image Tours, it is his/her own responsibility to become familiar with the penalties and restrictions of the air ticket and, in the event of a cancellation or date change by Image Tours, Image Tours shall not be held liable for any penalties incurred from the cancellation or change of the air ticket.  Therefore, we recommend tickets purchased through another source not be issued until 60 days or less prior to departure.  Cancellations by a group, due to insufficient group participation or for any other reason, will be subject to the cancellation penalties outlined under ‘Cancellations’ in this Tour Contract.

Responsibility of Image Tours.  Image Tours shall be responsible for supplying the services and accommodations offered in this brochure as they relate to the tour portion of the reservation.  If such services and accommodations cannot be supplied due to causes beyond its control, there shall be no responsibility or liability.  In this event Image Tours will use its best efforts to supply comparable services and accommodations, and all travel arrangements may be subject to alteration or cancellation at any time with or without prior notice for any reasonable cause.  Such alterations will not be considered cause for cancellation by the participant(s), and the usual penalties will apply.  Nor shall Image Tours be liable for any injury, loss, damage, accident, delay, irregularity, or expense arising from strikes, war, terrorism, weather or other acts of God, quarantines, sickness, governmental restrictions or regulations, or from any negligent act or omission of any individual, firm, or corporation furnishing air travel, sightseeing, hotel accommodations, ground transportation, or any other services in connection therewith, nor for any additional cost or expense due to disruption of advertised schedules, rates or services, or for any other cause beyond its direct control.  Image Tours reserves the right to decline, to accept, or retain any person as a member of the tour at any time prior to departure, or in the course of the tour, should such participant’s health, mental condition, physical infirmity, or general deportment impede, in Image Tours’ judgment, the operation of the tour or the rights, welfare, or enjoyment of other tour participants, and all resulting costs will be the responsibility of the participant.  The acceptance by the participant of any travel plan or other service shall be deemed to constitute acceptance of these limitations of liability or responsibility.  No representative, employee, or agent of Image Tours or contracted service providers are authorized to modify, waive, or in any way change the terms of this contract.

Breach.  Image Tours and participant recognize and agree that a breach of this agreement or claim for damages by the other party arising from the services provided by Image Tours or during any aspect of a tour coordinated by Image Tours will be governed by the laws of the State of Michigan.  The parties consent to the jurisdiction of the Courts of the State of Michigan, Kent County, in any such enforcement action and agree that Kent County Circuit Courts is the exclusive venue for any action arising out of services provided as a consequence of this agreement.

Entire Agreement.  Other than as stated herein, the participant warrants that no promises or inducements have been offered for this agreement other than as set forth herein and that this agreement is executed without reliance upon any other promises or representations. No modification, termination, or attempted waiver of this Tour Contract shall be valid unless in writing and signed by the participant and an authorized agent of Image Tours against whom the same is sought to be enforced.