CUSTOMER AGREEMENT This document is a contractual agreement between American Lingo Travel Adventures, LLC. (“We”) (Us) and “YOU”, the “customer” or “traveler”. It must be read and accepted by you by checking the box on the Booking Form indicating you have read it, and signed in the signature area. We confirm your tour once the Booking Form, with a signature that you have read this agreement, has been received by us. If you are booking your tour on the internet, you acknowledge your acceptance in the manner provided for on our website. BOOKING A TOUR 1. Send or fax a signed, completed Booking Form accepting our Customer Agreement OR acknowledge acceptance of the customer agreement in the manner provided on our website ("Booking"). Receipt of deposit of US$200 per person must be within 10 days of Booking or your reservation will be cancelled. 2. Upon receipt of deposit, we will send you an invoice for the balance of the tour cost, which must be paid at least 45 days before the start date of your tour. Payment in full is required for any Booking made 45 days or less before the start date of your tour. 3. A Confirmation of Booking and receipt will be issued to you as soon as full payment is received. A Booking is not considered accepted until the date shown on the confirmation issued by American Lingo Travel Adventures, LLC. A signed Booking Form indicating acceptance of Customer Agreement must be received in our office at least 14 days from the date of making the Booking over the telephone or by email, or the Booking will be considered cancelled, and all deposit money will be forfeited and the place on the tour resold. You must pay the balance of your tour cost at least 45 days before the tour start date or you will lose your Booking and your deposit. CANCELLATION/CANCELLATION FEES and TOUR TRANSFER CONDITIONS 1. All cancellations must be made in writing to: American Lingo Travel Adventures, LLC. P.O. Box 8531 Spokane, WA. 99203 USA 2. We will not refund your deposit if you cancel your tour less than 45 days before your tour start date. A transfer fee of USD$30 will be charged for any change or revision after the Booking is confirmed unless the change is to a more expensive tour at the time of transfer. Your deposit will be transferred at the time of the change. If you cancel the tour to which your deposit was transferred, you will lose your original deposit and the transfer fee.
1
3. If you cancel your tour after you have paid in full, the following cancellation charges apply after full payment: Cancellation before departure 45 days Between 30 and 44 days Between 29 and 15 days Between 14 days and day of departure, or failure to join the tour for any reason Cancellation percentage of Tour Cost 40% 60% 80% 100%
We recommend that you purchase insurance against cancellation costs. 4. Transferring your tour to another person(s): You may transfer your Booking to another person ("Transferee") in the event you are prevented from traveling by circumstances beyond your control. A transfer fee of USD$100 will be charged for each Transferee named. Each Transferee must sign a Booking Form indicating their acceptance of the Customer Agreement. OTHER BOOKING CONDITIONS 1. Children and child reductions: Children under the age of 5 years may not be booked on tours. Children between the ages of 5 and 18 must be accompanied by an adult. Children between the ages of 5 and12 are eligible for a reduction of 5% of the tour cost but must share a room with an adult. Children between the ages of 13 and17 who share a room with 2 adults will be accorded a 5% reduction of the tour cost. Children under the age of 10 years old are not eligible to play golf on the tour. American Lingo does not offer childcare services of any kind. 2. Alcohol and illegal drugs: The legal age for drinking alcohol in the United States is 21. Underage use of alcohol or any use of illegal drugs may result in imprisonment and fines. American Lingo Travel Adventures is not liable for any problems or injuries arising from customer consumption of alcohol or illegal drugs. If you are an adult and choose to drink alcohol, please drink responsibly. We do not encourage intoxication as this can lead to impaired judgment, injury, or death. 3. Transportation safety: Automobile safety belts are uniformly required by the laws of the United States, and by American Lingo policies. All American Lingo Travel Adventure customers must wear automobile safety belts while traveling in any American Lingo Travel Adventures vehicle, as prescribed by law. The vehicle will not move unless all passengers are properly safety belted. Child safety seats are also required by law for any child 6 years old or under or weighing up to 60 pounds. OUR RESPONSIBILITY 1. We make every effort to ensure accuracy of information regarding each tour itinerary and pricing as published on our website and brochures. American Lingo Travel Adventures is
2
responsible for supplying the services and accommodations as described in our website and brochures, except when it is necessary to change the itinerary, services, or accommodations due to circumstances beyond our control. Every effort will be made to supply comparable alternatives. 2. All baggage and personal effects are at all times and all circumstances at the risk of the tour participant. We recommend baggage insurance. 3. Airfare is not included in any American Lingo Travel Adventures tour price. Meals are included only as indicated on the tour itinerary pages on the website (www.lingotours.com) or brochure. 4. Any English language travel lessons provided on the tour are basic practical travel language as stated in the website. It is not guaranteed that the customer will learn English. It is the customer's responsibility to participate in the language learning activities as directed in order to practice the English language skills taught during the tour. 5. The cost of any American Lingo Travel Adventure tour will not decrease if the customer does not require English language lessons. 6. If the transportation or other services contracted for are canceled, or if the money is to be refunded for any reason, we shall refund to the customer, the money due the customer within thirty days of receiving the funds from the vendor with whom the services were arranged. If the funds were not sent to the vendor and remain in our possession, the funds shall be refunded within fourteen days. MEDICAL AUTHORIZATION I hereby authorize any medical treatment reasonably necessary for any injury which I may incur while participating on this tour. I have medical insurance and agree to pay all costs of medical services which may be incurred by me, or on my behalf, while participating on this tour. RELEASE OF LIABILITY I understand that all travel arrangement included in this tour are made on my behalf on the condition that American Lingo Travel Adventures, LLC shall be not be liable or responsible for any negligent or intentional, act, or failure to act, of any third party, such as hotels, restaurants, cruise vessels, private cars, local ground handling, sightseeing excursions, etc. which supply any goods or services for my tour. I also understand that American Lingo Travel Adventures LLC is not responsible for: Acts of God, weather emergencies, government actions, inclement weather, sickness, attacks by animals, availability and/or adequacy of medical care, criminal activity of any kind, terrorism, war, civil disturbance, sanitary conditions, quality or sanitation of food, quarantine, epidemics, strikes,
3
hotel overbooking, safety and security standards of hotels, any problems or injuries arising from customers’ consumption of alcohol or illegal drugs, or any other reason beyond the control of American Lingo Travel Adventures, and agree to be bound by the terms of the release of liability set out in the Customer Agreement. INDEMNIFICATION I hereby indemnify and hold harmless American Lingo Travel Adventures, LLC, its principals, agents, contractors, and/or employees from all damages, costs and expenses arising out of occurrences described above. I hereby release and hold harmless American Lingo Travel Adventures, LLC, its principals, agents, contractors, and/or employees from any and all liability for personal injury, property damage, or other tort or contract damages arising out of alleged its/their errors, omissions, or negligent acts. COMPLETE AGREEMENT This Customer Agreement and the Booking Form constitute the entire agreement between the parties and supersede all prior agreements written or oral. You may not rely on any oral representations or modifications to modify the terms of this Agreement. Any modifications of this Agreement must be in writing and signed by American Lingo Travel Adventures, LLC. VENUE This Customer Agreement is an enforceable contract between the parties. If legal action is required to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees. The venue of any such action shall be proper in Spokane County Superior Court, Spokane County, Washington regardless of the domicile of the parties. The law of the State of Washington shall apply without regard to Choice of Law rules. By signing this Agreement you agree to the jurisdiction of the above named court. I have read and understood this Customer Agreement including the foregoing Release of Liability and Indemnification, and have had the opportunity obtain independent legal advice prior to signing if desired.
4