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Europe Express Group Terms and Conditions

EEFC, Inc. is an independent company licensed to market and distribute travel products under the “Europe Express” brand name and arrange for the vacation services offered herein. Once confirmed, the purchase of any travel services offered by EEFC, Inc. under the “Europe Express” brand name constitutes a contractual agreement between you and EEFC, Inc. (referred to throughout this document as “Europe Express”) and represents your acceptance of these terms and conditions set out herein (the “Terms and Conditions”). Please ensure that you read carefully and understand these Terms and Conditions prior to booking.

RATES:


PLANNING FEE / DEPOSITS:

PAYMENT SCHEDULE:

PAYMENT TERMS:

ACCOMMODATIONS:

GROUP PROCEDURES:

GROUP AIR:

GROUP SERVICES:

GROUP CHANGES/DEVIATIONS:

CANCELLATIONS:

ENTIRE GROUP CANCELLATIONS PENALTIES:

INDIVIDUAL CANCELLATIONS:

REFUNDS AND ADJUSTMENTS:

RESPONSIBILITIES AND LIABILITY:

In common with other companies, Europe Express acts only as a booking advisor for tour members in arranging accommodation, transportation, sightseeing, admissions, and restaurant reservations as appropriate and agreed in each itinerary. Specifically, Europe Express purchases transportation, hotel accommodations, and other services from various independent suppliers that are not subject to its control. These suppliers are independent contractors. As such, Europe Express shall not be liable for any injury, damage, loss, accident, delay, or irregularity which may be occasioned by reason of any organization or person, including but not limited to any independent supplier engaged in conveying the passengers, or otherwise in connection therewith and defects or failures of or in any aircraft, vessel, automotive vehicle, accommodation or other equipment or instrumentality under the control of such independent suppliers, and any hotel owner, manager or employee. Europe Express does not own or operate, nor is it an advisor for any of the independent suppliers which will provide goods and services for the trip or for any option which may be available in connection with the trip (including but not limited to optional sightseeing, car rental, etc.) and Europe Express has not priced the trip or option to allow Europe Express to guarantee against failure of any such independent suppliers. Accordingly, participant(s) agree to seek remedies directly with the supplier, and not to hold Europe Express or sponsoring organization liable, in the absence of its negligence, for any loss, injury, delay or expense which results directly or indirectly from any action or omission, whether negligent, criminal or otherwise, of any entity providing goods and services for the trip or any available option (e.g. without limitation, the quality of services, cleanliness of a hotel, hotel overbooking or any flight delays). Without limitation, Europe Express is not responsible for any negligent acts or omissions of itself or of any persons for whom it would otherwise be responsible, or acts which are beyond its control, including but not limited to acts of God or force majeure, weather emergencies, breakdown, or failure of diving or mechanical equipment, government actions, inclement weather, sickness, attacks by animals, availability of emergency evacuation or medical care or the adequacy of the same, criminal activity of any kind, terrorism, war, civil disturbance, sanitary conditions, quality or sanitation of food, quarantine, customs, regulations, epidemics, strikes, hotel overbooking, safety and/or security standards at hotels, accommodations or otherwise, or for any other reason beyond the control of Europe Express . You understand, agree with, and agree to be legally bound by the terms of the release and waiver of liability set forth herein. Baggage is transported at the participant’s risk throughout the tour.

In consideration of the services and arrangements provided by Europe Express, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify Europe Express, and its owners, officers, directors, advisors and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel and any activities conducted in conjunction therewith. YOU SPECIFICALLY UNDERSTAND THAT YOU ARE RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT YOU MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR ADVISORS OF EUROPE EXPRESS.

ARBITRATION:
Any dispute concerning, relating or referring to these Terms and Conditions, your vacation package or any claim for damages due to injury or death which occurs during or in connection with your vacation package shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association in an arbitration conducted in Atlanta, Georgia, U.S.A. Such proceedings will be governed by substantive Washington law. The dispute will be resolved by a single arbitrator who must be a lawyer admitted to practice in the courts of at least one state in the United States and have a minimum of fifteen years of experience in civil litigation. The arbitrator so described will be selected by the American Arbitration Association. Each party to the dispute shall have the right on a single occasion to veto the designation of an arbitrator so selected. There will be judicial review of the arbitrator’s decision if either side can show plain error in the application of law or be able to show an abuse of discretion with respect to factual findings. The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth herein. Arbitration against Europe Express must be commenced within one year following the date of tour completion. Neither Europe Express nor any affiliate shall in any case be liable for other than compensatory damages, and you hereby waive any right to consequential, punitive or exemplary damages.

EXCLUSIVE GOVERNING LAW AND JURISDICTION:
These Terms and Conditions shall be governed by the laws of the State of Washington without regard to conflicts of laws principles. If the right to seek arbitration is for any reason waived by both parties, or if judicial review of any arbitration is sought, any action or legal proceeding arising out of these Terms and Conditions shall be brought exclusively in the courts of the State of Washington, or, if it has or can acquire jurisdiction, in the United States District Court for the Western District of Washington or the appropriate appellate courts and the parties hereby waive any objection to venue or jurisdiction in connection therewith.

TIME LIMITATION. Participant agrees that no suit, whether brought in rem or in personam, shall be maintained against Europe Express unless commenced within one (1) year from the day of the incident giving rise to such suit, notwithstanding any provision of law of any state or country to the contrary.

SEVERABILITY. The invalidity or unenforceability of any part of this Agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this Agreement, or its application to other situations or circumstances. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

CONSUMER PROTECTION/SELLER OF TRAVEL:
Europe Express is a member of the United States Tour Operators Association and is fully covered by its Consumer Protection Plan. As an active member of the USTOA, Europe Express is required to post $1 Million with the USTOA. This amount is to be used to reimburse, in accordance with the terms and conditions of the USTOA Travelers Assistance Program, the advance payments of Europe Express’s customers in the unlikely event of Europe Express’s bankruptcy, insolvency or cessation of business. Complete details of the USTOA Travelers Assistance Program and a list of affiliates may be obtained by writing to USTOA at 275 Madison Avenue, Suite 2014, New York, New York 10016, or by email to information@ustoa.com or by visiting its website at www.USTOA.com. EEFC, Inc. is a Registered Seller of Travel in Washington State, # 602-650-317; California Seller of Travel # 2053616-80.
Registration as a seller of travel does not constitute approval by the State of California. EEFC, Inc. is not a participant in the California Travel Consumer Restitution Fund.