1. Agreement
This agreement is made between Group, Team, School (hereinafter referred to as “You”) and L&J Group Inc. DBA Premier International Tours, with its principal place of business in Foxfield, Colorado, (hereinafter referred to as “PIT” or “We”.
2. Booking
Booking for a PIT project takes place by returning the booking form supplied by PIT. The agreement will become effective on receipt of a written confirmation from PIT that the tour will be organized according to the data on the booking form.
3. Payment
Payments must follow the schedule in the tour confirmation/financial review. We require a down payment at the time of booking. PIT reserves the right to cancel the agreement and charge cancellation costs should there be non-fulfillment of the payment schedule by the group or any individuals from the group. The group will be responsible for any cancellation fees owed in case of individual cancellations if any individuals have not paid enough to cover their cancellation fees.
4. Rate of exchange and participant prices
The tour costs are based on the exchange rate of the US$ and CAD$ towards the Euro and British Pound. Fluctuations of the exchange rates of all involved currencies can affect the tour costs. In addition to this, we reserve the right to increase the participant prices in case of an increase in airport (security) taxes and/or fuel surcharges for the airlines.
5. Cancellation and Cancellation costs
The following conditions apply for group cancellations or individual cancellations. Cancellation must be notified in writing, prior to the start of the tour. The day that the notification is received by PIT is the effective cancellation date. It is the responsibility of each individual participant to know the cancellation policy. If any individual or the entire group cancels their tour any time after booking the following cancellation fees will be charged:
1. Between booking and 12 weeks prior to departure: $ 1,000.00 per person.
2. Between 12 weeks and 4 weeks prior to departure: 40% of the participant’s price per person plus added cancellation costs for the different suppliers.
3. Between 4 weeks and 1 week prior to departure: 60% of the participant's price per person plus added cancellation costs for the different suppliers.
4. Within one week of departure: 100% of the participant’s price per person.
The group will be responsible for any cancellation fees owed in case of individual cancellations if any individuals have not paid enough to cover their cancellation fees. Please note that individual cancellations within a group can increase the participant prices for the rest of the group as an individual cancellation will lower the overall number of people in the group and increase the price according to the prices outlined in your trip itinerary proposal.
Suppliers present these regulations to PIT. This policy is in place to protect all members in the group. If your total number of participants changes due to additions/ deletions your participant’s price may be adjusted accordingly. In case PIT uses a supplier with a different cancellation policy we will mention the different conditions on the tour confirmation.
6. Image release
If you and/or your participants release pictures to us, you will give us the authority and permission to own, copyright, use, re-use, publish and re-publish pictures or video materials of all
tour participants. Participants’ names will not be used with any of the photos, images, printed materials or videotapes unless authorization is requested.
7. Tour management
All travelers must fill out and sign the application form supplied by PIT. Each individual traveler will be held responsible for any damage caused to property belonging to third parties with whom PIT has a contractual relationship (i.e. hotels, bus, etc.).
8. Travel insurance
PIT will offer you optional trip, luggage, accident and health insurance. If you would like to utilize this option, the passengers’ list must be completed and returned to PIT 4 weeks before departure. However, PIT accepts no liability for damages of any nature, manner or form during or in relation to the trip. The general conditions of the insurance company apply to each traveler who accepts the policy, including any changes in the insurance premiums/rates instituted by the insurance company.
9. Duration of trip
The duration of the trip is stated in full days. The day of departure as well as the day of return is considered to be full days.
10. Accommodation
PIT withholds the right to substitute, within a timely manner, the housing accommodation for circumstances which are beyond the control of PIT. The substitute housing accommodation will meet the same criteria as established in the confirmation of the booking. When using a youth hostel, school or similar type of accommodation the participants must adhere to the rules of the accommodation.
11. Sports program
PIT acts as an intermediary during the execution of the desired program. The organizers of the sports program and PIT reserve the right to alter the program should there be valid reasons. PIT accepts no responsibility whatsoever for the omission or partial omission of the sports program due to circumstances beyond their control.
12. Responsibility and liability
The responsibility of PIT, tournament organizers and hosting clubs/organizations is limited. PIT acts as an intermediary for the group and its individual members in all matters pertaining to the tours, such as, but not limited to, the arrangement of transportation, housing accommodation, meals, sightseeing, other social and cultural activities and the sports program. PIT, its partners in Europe and South America such as The Royal Netherlands Soccer Federation, Esselle Sports Tours, Sports Management Creations, the branches, the agents, the representatives and their assistants and other affiliates involved with the operations of PIT, such as the tournament organizers and the hosting organizations (“Released Parties”) are not responsible for any personal injury, illness or death, nor for any loss, damage or theft of belongings (such as baggage, possessions or money), nor for any error, accident, delay, deviation or curtailment of any kind caused directly or indirectly by any actions, omissions, acts of neglect or failure by:
a) any person or company retained for the benefit of the participant, including, but not limited to: housing accommodation, transportation companies and tour guides;
b) acts of God, act of public enemy, arrest or restraint by any government, seizure under legal process, quarantine restrictions, riots or civil commotions, strikes, lockouts or labor stoppages, war hazards or dangers incident to the state of war, applicable governmental policy, acts of terrorism, advice of non-travel by governmental authorities;
c) any defect or failure to comply with any part of local rules or regulations of any airplane, automobile, motor coach, ship or train or other vehicles;
d) improper or insufficient passports or other documents;
e) participation in sport activities.
The parties agree that the Released Parties may still be held liable for their own gross negligence or willful misconduct.
Additional expenses incurred under any of these circumstances are to be paid by the participant.
13. Indemnification
You agree to indemnify, defend and hold harmless each Released Party from any claim, action, suit, and demands (including the recovery of all reasonable attorney's fees and costs incurred by a Released Party) which is initiated by a participant or a participant's parent or legal guardian which arises from an incident involving personal injury or loss that occurs during the tour.
14. Exclusion from participation
In case a participant causes hindrance in such a way that the relationship between PIT and a supplier (tour organizer, transportation company, housing supplier and so on) will be seriously harmed, this person can be excluded from further participation. All costs arising from this exclusion are for the participant's own account. This rule also applies for teams and clubs.
15. Complaints
Complaints must be made known at once to the PIT representative and/or supplier. In case a problem cannot be resolved in a timely matter, the PIT contacts in Europe or South America and/or your agent in the U.S.A and Canada must be informed by email while you are in Europe or South America. All complaints will be considered if made submitted in writing up to 30 days after the trip.
16. Governing Law
The laws of the State of Colorado govern the rights and obligations of the parties to this Agreement and the interpretation, construction and enforceability thereof. You agree that any action or proceeding brought by me against any Released Party shall be brought solely in the courts of Colorado located in the City of Aurora. In the event any action or proceeding is initiated by me in a court outside of Aurora, Colorado, you agree to pay PIT's costs and reasonable attorney fees associated with defending such action or proceeding. The parties agree that in the event that any action or proceeding is initiated by either party in the City of Aurora, Colorado, the prevailing party shall be entitled to recover costs and reasonable attorney's fees.
17. Final conditions
These conditions are applicable to all agreements between PIT and any party, irrespective of domicile of parties involved in any agreement and irrespective of place where an agreement has been affected or executed or should have been executed. All groups or individuals using the services of PIT are subject to these conditions.
18. General
This Agreement is binding on the responsible officials of the participating club, the individual participants and members of the group, its parents or legal guardians and the tour manager(s).