Tour Terms and Conditions
Release of Liability, Assumption of Risk, and Binding Arbitration Agreement
- C X Silver Gallery LLC and its employees, affiliates, officers, successors, and assigns (collectively “CXSG”) do not own or operate any entity which is to or does provide goods or services for your trip including, for example, lodging facilities, airline, or other transportation companies, local ground operators, providers or optional excursions, food service or entertainment providers, etc. All such persons are entities are independent contractors. As a result, CXSG is not liable for any negligent or willful act or failure to act of any such person or entity or any third party.
- In addition and without limitation, CXSG is not responsible for any injury, loss, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services whether resulting from, but mot limited to, acts of God or force majeure, acts of government, acts of war or civil unrest, insurrection or revolt, bites from attacks by animals, insects or pests, strikes or other labor activities, criminal or terrorist activities of any kind or the threat thereof, the lack of availability of access to medical accommodations, mechanical or other failure of airplanes, vessels or other means of transportation, or for any failure of any transportation mechanism to arrive or depart timely or safely.
- If due to weather, flight schedules or other uncontrollable factors, you are required to spend an additional night(s), you will be responsible for the costs of such hotel, transfers or meals for that additional time. baggage is entirely at owner’s risk. The right is reserved to decline to accept as a trip participant, or remove from a trip, without refund, any person CXSG judges to be incapable of meeting the rigors and requirements of participating in the activities, or who is abusive to other trip participants, leaders or third parties, or who CXSG determines to detract from the enjoyment of the trip by others. Specific room assignments are within the sole discretion of the hotels.
- CXSG reserves the right to change the itinerary or trip features at any time and for any reason without notice, and CXSG shall not be liable for any loss of any kind as a result of such changes. Hours of arrival and departure, sightseeing events, special programs and guest lecture series (if applicable) are subject to change or cancellation. CXSG is not required to cancel any trip for any reason including without limitation, United States Department of State, World Health Organization or other Warnings or Advisories of any kind. CXSG is not responsible for penalties assessed by air carriers resulting from operational and/or itinerary changes, even if CXSG makes the flight arrangements or cancels the trip.
AIRFARE: Airfare is subject to change and availability and, depending on the fare basis, likely is nonrefundable. Your airline ticket constitutes a contract between you and the airline, even if purchased through CXSG.
LUGGAGE: Luggage allowance policies are set by the airlines and may to change without notice.
PHYSICAL ACCESSIBILITY: All programs require physical independence and mobility. Any physical or mental condition that may require special medical attention or physical assistance (for example, the need for a wheelchair) must be reported in writing when you make your reservation. Travelers must be able to embark or disembark alone or with minimal assistance from your traveling companion and climb stairs and step over raised thresholds without assistance. Travelers requiring assistance must travel with a companion who will be responsible for handling equipment.
RATES: Prices quoted are subject to change at any time. Even after full payment, CXSG reserves the right to increase the tour price in the event of cost increases due to, but not limited to, changes in supplier costs, currency fluctuations or fuel or energy surcharges and all such increases are to be paid to CXSG upon notice to the tour participant of such increases.
NOT INCLUDED in the cost of the Tour Package are the expenses of any of the following: Taxes, passport, visas and associated fees; personal expenses such as laundry, telephone calls and internet access; accident/sickness, trip cancellation, and baggage insurance; gratuities to hotel personnel; optional sightseeing excursions; baggage charges on aircraft; transfers and baggage handling to/from airport/hotel on day(s) of arrival and/or departure. if you are arriving earlier or later than and/or departing earlier or later than the scheduled group transfer(s); any overnight on land due to flight schedule(s); meals, alcoholic or other beverages and all other services not specifically mentioned in the ‘Included Features’.
CANCELLATIONS: Cancellations for all or any part of the trip including Pre/Post Program(s) reservation(s) will not be effective until received in writing to C.X. Silver Gallery, Brattleboro, VT. Should you have to cancel, the following terms will apply: reservation cancellation(s) are subject to a $200 per person administrative fee from the time of booking through 120 days departure; from 95 through 119 days prior to departure, 50% of the published full regular tariffs; from 60 through 94 days prior to departure, 75% of the published full regular tariffs; cancellations 59 days or less prior to departure, a no-show, or early return from the trip will result in forfeiture of 100% of the published full regular tariffs. In addition, any applicable airline cancellation fees, optional excursion cancellation fees and administrative fees may apply.
TRIP INSURANCE: We strongly recommend that you purchase trip cancellation insurance. In the event that you must cancel your participation in a travel program, trip cancellation insurance may be the only source of reimbursement. Trip cancellation insurance is available for comprehensive coverage of such expenses in conjunction with cancellation due to illness or accident, and damaged or lost luggage.
BINDING ARBITRATION: Any dispute concerning, relating or referring to this Agreement, this trip prospectus or any other literature concerning the trip, or the trip in itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. Sections 1-16, either according to the then existing Commercial Rules of the American Arbitration Association or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. Such proceedings will be governed by substantive (but not procedural) Vermont law and will take place in Brattleboro, VT. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Please understand that by agreeing to these terms and conditions, the participant and CXSG are waiving the right to a trial by jury.
ACCEPTANCE OF CONTRACT: By forwarding of deposit, the participant certified that she/he does not have any mental, physical or other condition of disability that would create a hazard for her/himself or other participants and accepts the terms contained in this Release of Liability, Assumption of Risk and Binding Arbitration Agreement.
- CANCELLATION POLICY
- A cancellation must be made in writing. Our cancellation policy applies when the cancellation of a trip or tour is due to no fault of our own. In other words, C X Silver Gallery LLC has made all the required and necessary arrangements and reservations for your trip. Please note: If there is failure to collect cancellation fees, we reserve the right to charge the credit card provided with your booking request.
- Any cancellation request received after 4 pm on Friday will take effect the following Monday. Cancellations received by email do not take effect until the following business day and follow the United States Federal Holiday calendar. If your cancellation is received on a United States holiday, it will not go into effect until the next business day. For any refunds issued to you for the cost of your tour, any credit card processing fees that you incurred will not be refunded.
- C X Silver Gallery LLC retains the right to cancel a tour or trip under any circumstances. Should a tour or trip be cancelled, then you will be informed of this decision within 30 days (and at the least, 15 days) prior to departure of your trip or tour. Information regarding any of our trips or tours is subject to change, and we reserve the right to make changes should it become necessary.
- In rare circumstances, in case of extreme force of nature, the operators reserve the right to cancel or amend journeys on short notice. No legal right shall be constituted of both situations. The same applies for officially ordered – previously not announced – repair work on locks or bridges or in case of undeserved breakdown of engine or power unit.
- Unruly behavior, shouting, abusive language, or any manner of disturbing others on the Tour is not permitted and guests will be asked to leave the Trolley at the discretion of the Driver or Host on board. NO refunds will be given if guests are asked to leave the tour.
CHANGES IN BOOKINGS
To ensure a reservation on a tour departing in 65 days or less, full payment is required at time of booking. Any change made in your reservation once submitted to us (this includes, but is not limited to, cancellations, any change made in names, meals, dates, room selection, any additional night(s) needed or retracted and so on) may be subject to a change fee.
C X Silver Gallery LLC does not own or operate any of the suppliers of services or accommodations for your trip or tour. As a result, C X Silver Gallery LLC is not responsible for any negligent or willful act or failure to act of any such supplier or of any other third party over whom C X Silver Gallery LLC has no control. C X Silver Gallery LLC’s responsibility is strictly limited.
Every effort has been made by C X Silver Gallery LLC to accurately present this information. C X Silver Gallery LLC reserves the right to correct errors or make changes.
The only way to protect your investment is to purchase a comprehensive travel insurance policy, for example, one that covers trip cancellation for any reason. It is important to read and understand what each policy covers. To explore travel insurance policies you can visit this policy comparison site.
- Liability Waiver and Release Statement
I, the undersigned, agree to this release of all claims, waiver of liability and assumption of risk (“Waiver and Release”). I waive any and all claims I may have now and in the future, and release from all liability and agree not to sue C X Silver Gallery LLC; its officers, agents, representatives, employees or tour guides [hereafter referred to as “Staff”] for any personal injury, death, property damage, or loss sustained by me as a result of my participation in a tour or experience offered by C X Silver Gallery LLC due to any cause whatsoever, including without limitation, negligence on the part of C X Silver Gallery LLC; its Staff, tour partners, or other participants, or death or injury as a result of war, civil unrest or epidemic. I further agree that if I violate this agreement and attempt to bring suit against any part of parties named herein, that I will be held responsible for attorney’s fees and any costs incurred by that person in defending such action.
I am aware that the tours and events offered, in addition to the usual dangers and risks inherent, has certain additional dangers and risks, some of which include: physical exertion for which I may not be prepared and weather extremes subject to sudden and unexpected change. I accept all the inherent risks of the proposed tour and the possibility of personal injury, death or property damage or loss resulting there from. I acknowledge that the enjoyment and excitement of the proposed form of tour or event is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I agree that if I suffer injury or illness C X Silver Gallery LLC or its Staff can, at my cost, arrange any medical treatment and emergency evacuation service as it or they deem necessary for my health and safety. Further, I agree at all times during the tour, to abide by and comply with any additional instructions given by my tour guide or any other Staff and I accept that non-compliance may result in injury, death or permanent disability. I understand that non-compliance may result in my removal from the tour.
Guest understands and acknowledges that the Tour involves transportation by various motor vehicles, including, but not limited to shuttle, van, bus transportation, or public metro. Guest acknowledges and understands the inherent risks associated with these methods of transportation and acknowledges that Guest does not have any medical condition(s) that would prevent Guest from using these methods of transportation or result in any injury or harm to Guest as a result of using these methods of transportation. While Guest understands and agrees that C X Silver Gallery LLC will exercise ordinary and reasonable care in the operation of any motor vehicle used for conveyance on the Tour, Guest understands that C X Silver Gallery LLC assumes no responsibility, nor does it grant any express or implied warranties relating to other third parties, including other drivers of motor vehicles.
In consideration of Guest’s participation in the various activities that comprise the Tour, Guest understands and accepts the risks associated with participation in these various activities and agrees that neither C X Silver Gallery LLC; nor any of its officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entitles associated with C X Silver Gallery LLC, will be liable for any personal injury, death or damage of any kind whatsoever, unless caused by C X Silver Gallery LLC gross negligence or intentional malfeasance.
Guest agrees and acknowledges that C X Silver Gallery LLC shall not be responsible or liable for any loss, theft or damage whatsoever to any personal property brought on the Tour by Guest, which may occur on or during the Tour. Guest hereby expressly waives any claim which Guest, Guest’s heirs, successors, assigns, spouse, family members, or legal representatives may have against C X Silver Gallery LLC arising from or as a result of any such loss, theft or damage. It is therefore understood that all personal property that Guest brings on the Tour is brought at Guest’s sole risk and is Guest’s sole responsibility.
In entering this Waiver and Release, I am not relying on any oral, written nor visual representations or statements by C X Silver Gallery LLC or its Staff or any other inducement or coercion to go on the tour. I confirm that, by my own free will, I have read and understood the Terms and Conditions of this walking tour or event and Wavier and Release and agree that this Waiver and Release will be binding upon my heirs, next of kin, executors, administrators and successors.
I agree to grant the sponsors of this tour or event to a worldwide, royalty-free license to use my photographic, video, or digital likeness solely for promotional, educational, and/or commercial purposes Guest hereby gives full consent to C X Silver Gallery LLC to use and publish Guest’s likeness on advertisements, and acknowledges that C X Silver Gallery LLC does not compensate guests in any manner for the use of images in any of the following: photographs, images, drawings and renderings, and for the use of including but not limited to: C X Silver Gallery LLC website, brochures, advertisements, bulletins, media releases, newspaper and magazine articles, and any other form of promotion, information and publication, both print and digital.
As a participant on the tour or event, I accept full responsibility for my behavior, well being, and health throughout the tour, which may involve a variety of activities, unfamiliar locations, and modes of travel, including but not limited to: climbing, running, or walking for a longer period than I am used to. I further realize that the tour may involve walking through unfamiliar, narrow, unpaved and/or steep paths, gangways, roads, stairways and driveways. I knowingly and willfully accept these risks and take complete and total responsibility for my behavior, well being and health during the tour or event. I agree to hold neither C X Silver Gallery LLC nor its Staff, or facility liable in any way should any harm come to me. By purchasing the ticket(s), I affirm that I have fully understood and agree to these Terms and Conditions, Waiver and Release of Liability.