General Terms and Conditions
Program components: The program includes accommodations, three meals a day, leader/ guides, transfers which are part of the program, and monument, historic site, park and museums fees, on the itinerary.
Program Does Not Include: Not included in the program are: travel and transfers before and after the program; excess baggage charges; some beverages, including soft drinks, all liquor, all beer, and some bottled water; airport, security and departure taxes; passport and visa fees; vaccinations; drugs and medical expenses; insurance; single supplements; tips and gratuities; personal items such as laundry, gifts, postage and telephone.
Surcharges: Good value and personal service are basic tenets of our program. We try to keep fees in line with the cost of doing business and our desire to attract participants eager to experience culture and environment in an intimate and sensitive fashion. Fees are based on at least ten participants. There may be a surcharge for programs with less than six participants. Programs are based on the itinerary, tariffs and exchange rates at the time of publication. No revisions are anticipated; however, fees are subject to adjustment in the event of alterations in currency exchange, inflation, the imposition of surcharges or changes in the itinerary, with the understanding that any additional expenses will be paid by the individual participant.
No Refund on Unused Services: A refund will not be given for unused program services or accommodations or leaving a program early for whatever reason: culture shock, inadequate physical conditioning, health, injury, etc. Refund will not be given to anyone asked to leave the trip because he or she is, in the opinion of program leaders, compromising the safety, security or success of the program.
Registration: Register simply by sending your reservation form and agreement and a non refundable deposit of $1,000 per program. Please make payments by check or money order. Registrations submitted less than 45 days prior to departure should include the full program fee. Registrations received less than 30 days prior to departure will be accepted subject to availability and a late fee of $100. Payments within 30 days of departure must be by cashier’s check or electronic transfer. Early registration is encouraged.
Full Payment: Due 45 days prior to departure. If payment has not been received and no special arrangements have been made, we reserve the right to assume withdrawal and fill the space.
Withdrawals: To receive a refund if withdrawing, submit a letter of withdrawal in writing to 100% Spanish LLC. Our policy is as follows: (1) A $1,000 non refundable registration fee is forfeited, per person, per program, for all withdrawals. The full price is assessed for withdrawals initiated less than 60 days prior to departure and NO refund will be issued. Changes in medical circumstances are not considered as exceptions to our normal refund policy. Insurance coverage for trip cancellation/interruption is available from several outside companies.
Cancellation: If program is canceled by the organizers, all moneys paid for services not performed in accordance with the contract will be refunded within fourteen days after cancellation, unless the participant requests that said money be applied to the money another program.
Pre-Departure Services Provided: On receipt of your final payment we forward a pre-departure packet. This contains information on: international travel, air travel, preparing your luggage, visas, immunization, books to read, insurance options, etc. We welcome calls or letters if you need additional information.
Air Transportation: We usually do not escort groups during air travel. If you would like, we will help you book your flight. We have extensive knowledge of alternative arrangements for reaching our destinations with reliable and competitively priced services. There is no extra charge for this service. We are also willing to help you plan and book your extended travel arrangements before and after your program.
Baggage: Baggage is at owners’ risk throughout the program. Baggage allowances for airlines vary so contact the
airline for their current policy. Excess baggage charges must be borne by passengers.
Accommodations: Sleeping arrangements are typically the best tourist hotels available in the city we are visiting, typically 4 and 5 stars. In some cities the best available is a 2 or 3 star hotel or bed and breakfast. We endeavor to select clean, friendly and secure accommodations. Rates are based on shared rooms. Rooms are generally, but not always, double occupancy. Will try to match people with roommates, if they wish. If we/you don’t have a roommate, or don’t want a roommate there will be a single supplement charge. This represents the actual difference in the cost to the program.
Meals: Provided at or above the local standard and often taken family-style. Variety and choice of food is occasionally limited. Food for certain restrictive diets may be unavailable. Choice of beverages is sometimes limited.
Taxes and Tip: Gratuities for local guides, porters, waiters, etc., are customary and at the individual participant’s discretion. Airport departure taxes are the responsibility of the traveler. The organizers pay gratuities and taxes on lodging, meals, and guides, when items are part of the tour package.
Travel Documents: Participants are responsible for their own travel documents. Participants must carry a valid passport. A current International Certificate of Vaccination is necessary for travel in some countries. Visas may be required. Participants are responsible for acquiring the necessary visas. Visas are issued solely at the discretion of visa officials.
Health Responsibilities: Participants are responsible for their own physical and mental health. The program includes physical activity in a different culture. For the safety and enjoyment of everyone, good physical and mental health is essential for these programs. The ability to participate by those who have any physical or mental impairment that will impede them from active daily sightseeing activities, or have conditions that will be aggravated by these activities will be evaluated on an individual basis. We may require a statement from a physician describing the nature of the limitations and accommodation needed. We will make a reasonable effort to accommodate some limitations. The organizer reserves the right to refuse acceptance of anyone whom it deems unsuitable for a trip. Under no circumstances will acceptance be refused based on race, creed or sex. Vaccination(s) and prophylactic medicine(s) are required or recommended for travel in some areas.
Medical Care: Programs operate in areas remote from modern medical facilities. The organizers provide information and guidelines to help participants stay healthy, but assumes no responsibility for medical care or advice, or for a participant’s physical or mental health, prior to, during or after the program.
Insurance: Personal health insurance, travel, evacuation and baggage insurance is strongly recommended. Even the most conscientious behavior does not guarantee against illness or injury.
Special Arrangements: We want you to have a great trip! Please express your individual interests. We try to be
accommodating. It is not always possible to make changes in itineraries, but we want you to be as satisfied as possible about overall arrangements.
Voluntary Waiver and Release from Liability and Indemnity
Signed Waiver Condition Of Participation: I have come to the 100% Spanish LLC tour of my own free will. I understand that this is a legally binding document. I understand that if I do not sign this document, I will not be allowed to participate. Assumption Of Risk: I understand that there are risks associated with travel which CAN and sometimes DO result in bodily injury or death to its participants. I understand that I can be injured or killed EVEN IF I DO EVERYTHING CORRECTLY. Nonetheless, I am accepting this risk and release 100% Spanish LLC of all responsibility in order to participate. I certify that I am aware of all of the basic safety rules for such activities. In consideration of, and as part payment for, the right to participate in such trips and other activities and the services and food arranged for by 100% Spanish LLC and their agents and associates, I have and do hereby assume all of the above risks and will hold them harmless from any and all liability, action, causes of action, debt, claims and demands of every kind and nature whatsoever, which I now have or which may arise in connection with my trip or participation in any other activities arranged for me by 100% Spanish LLC and their agents or associates. The terms hereof shall serve as release and assumption of risk from my heirs, executors and administrators and for all members of my family, including any minors accompanying me.
No Insurance Coverage: I understand that 100% Spanish LLC carries no insurance of any kind; no medical insurance, no liability insurance, no property damage insurance and no wage loss insurance. If I am hurt or killed I or my survivors cannot seek compensation from 100% Spanish for any insurance or other payments of any sort.
Acceptance Of Responsibility For Health & Safety: I understand that a medical doctor has not been employed by
100% Spanish LLC to determine my physical ability or readiness to bicycle or travel. I have been advised to consult independent medical advice before participating in this program. I agree to be fully responsible for my own training. I release 100% Spanish LLC from any responsibility for my physical condition or my skill as a traveler. I understand that it is not the function of 100% Spanish LLC, the participants, agents or employees to serve as the guardian of my safety.
Photo Release: I authorize the use by 100% Spanish LLC, or anyone authorized by them, of any and all photographs taken of myself while participating in this program, without further compensation.
Choice Of Law: I understand that this agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Kentucky, without giving effect to principles and provisions thereof relating to conflict or choice of laws and irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie in Jefferson County, Kentucky. The undersigned agrees that if any portion of this agreement is held invalid, that the balance, shall, not withstanding, continue in full force and effect.
100% Spanish LLC Limited Liability: I understand that100% Spanish LLC and/or associated companies give notice that all tickets and coupons issued by them and all arrangements for conveyance or for hotel accommodations are made by them as agents upon the express conditions that they shall not be liable in whole or in part for any delay, injury, damage, loss, accident or irregularity which may be occasioned either by reason of mechanical defect, failure, negligence or acts of default of any nature by any company or person engaged in carrying the passengers therewith or any hotel proprietor or servant in connection with any accommodations or by any company or person engaged in other service. I understand that 100% Spanish LLC bears no responsibility and shall bear no liability for the actions of others and circumstances beyond their control; including but not limited to the negligent or criminal actions of others individuals, including other participants in the group, and destinations on the program. I understand that 100% Spanish LLC and/or associated companies accept no responsibility and bears no liability for losses or additional expenses occasioned thereby due to: 100% Spanish LLC departure or arrival, missed carrier connections, changes in air, rail or other services, loss or damage of property, sickness or injury to person, weather, strikes, war, quarantine or other cause. The passenger contract in use by the carriers concerned when issued shall constitute the sole contract between the transportation companies and the purchaser of these programs and/or passengers. All program itineraries and fares may be affected by alterations in air service or by other causes. The right is reserved to withdraw any program announced and to cancel any program prior to departure. In such cases full refund of all payments shall constitute full settlement with participant. Binding Arbitration; Waiver of Jury Trial: Any dispute, claim, or controversy arising out of or relating to this Agreement, the tour, travel services provided, or any related matter (including but not limited to personal injury, property damage, breach of contract, or statutory claims) shall be resolved exclusively by binding arbitration, and not in a court of law. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) then in effect, before a single arbitrator. The arbitration shall take place in Louisville, Kentucky, unless the parties mutually agree otherwise. The arbitrator shall have the authority to award any remedy that a court of competent jurisdiction could award under applicable law. Each party shall bear its own attorneys’ fees and costs unless applicable law provides otherwise. Judgment on the arbitration award may be entered in any court having jurisdiction. By agreeing to this provision, the parties
knowingly and voluntarily waive the right to a trial by judge or jury and agree that arbitration shall be the sole and exclusive forum for resolving disputes. This arbitration provision shall survive the termination or completion of the tour and this Agreement.
Class Action Waiver: All claims must be brought in an individual capacity only. The parties waive any right to bring or participate in a class action, collective action, or representative proceeding.
Attorney Fees: Every item contained in this agreement is severable from every other term herein. If any term should be judged unenforceable, it shall not affect the enforceability of other terms outlined in this Agreement or the Policies and Procedures. If legal action must be taken by 100% Spanish, LLC. I shall pay 100% Spanish, LLC. reasonable attorney’s fees, costs, plus interest from the date of default until payment in addition to any other judgment as granted by a court of law or an acceptable arbitration.
Entire Agreement: I acknowledge that it is not relying on any oral representations concerning this Agreement and that the
complete agreement between the parties is contained in the Member Application, this Agreement and the policies and procedures.