Submitting this form acknowledges acceptance of the TERMS AND CONDITIONS stated below, in the TRAVEL CONTRACT.                                         

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TRAVEL CONTRACT: TERMS AND CONDITIONS

IMPORTANT - READ ALL CLAUSES 

                Whether or not signed by Tourist, this contract shall be deemed to be an undertaking and acknowledgment by Tourist that he accepts on behalf of himself and all other persons traveling under this contract, all the terms and conditions set out herein.

1.             (a)                "Tourist" includes all persons traveling under this contract and their heirs and representatives.  "Tourist" shall include the plural and the use of the masculine shall include the feminine.

                (b)                "Company" means Stowe Away Tours, Inc., a Virginia Corporation, and its respective employees, agents, affiliates, successors and assigns.  Notice and/or service of process may be made upon Company in care of Company’s registered agent, Larry L. Stowe, 104 Royal Worlington, Williamsburg, VA 23188.

                (c)                "Tour" shall mean the combined vacation package for the "Beautiful Bavaria" tour.

                (d)                "Transport" means the railcars, buses and other modes of transportation or accommodation provided by Company in connection with the Tour.

2.             (a)                In no event shall Tourist bring on the Tour any controlled substances, live animals, weapons, firearms, explosives or other similar property without written permission from Company.  Company reserves the right to refuse to permit any Tourist to take on the Tour any item Company deems inappropriate.

                (b)                The Company is neither responsible nor liable for any loss of or damage to Tourist’s property, including jewelry, cash, or negotiable paper.  Liability for loss of or damage to Tourist’s property in connection with any air or ground transportation shall be the sole responsibility of the provider of the service and in accordance with applicable limitations.         

3.             No undertaking or warranty shall be given or shall be implied as to the fitness or condition of any lodging, transports, activities, food or drink that may be part of the Tour.

4.             All arrangements made for or by Tourist for air transportation, ground transportation, excursions, hotels, restaurants and other similar activities or services are made solely for Tourist’s convenience and are at Tourist’s risk.  The providers of such services are independent contractors and are not acting as agents or representatives of Company.  In no event shall Company be liable for any accident or harm to Tourist as a result of any acts, omissions or negligence of any independent contractors.  The Tourist is advised not to make any travel arrangements more than 120 days prior to departure, unless instructed to do so by the Company.  The Company is not responsible for any fees or inconveniences incurred by the Tourist if the final itinerary requires changes in the Tourist's travel arrangements.

5.             Company may for any reason beyond its control (e.g., acts of war, terrorism, labor disputes, natural disasters, etc.), at any time and without prior notice, cancel, advance, postpone or deviate from any scheduled Tour or activity, or substitute another activity, and shall not be liable for any loss whatsoever to Tourist by reason of such cancellation, advancement, postponement, substitution or deviation.  Company reserves the right to substitute English speaking escorts in place of Larry and Carolyn Stowe, if for reasons of personal illness or injury, they are unable to escort the tour.  If substitutes cannot be found, Company reserves the right to cancel that tour.  Nothing contained herein creates a personal services contract to be performed solely by Larry and Carolyn Stowe.  If the Company is forced to cancel, the Tourist may transfer the value of his TOUR to any other Company tour within twelve months following the originally scheduled tour, space permitting.   Or the Tourist may elect to receive a refund of what has been paid.   The amount of the refund depends upon the date of cancellation.  If the Company is forced to cancel a tour more than 180 days prior to the scheduled departure date, the "adjusted full amount paid" will be refunded.  The "adjusted full amount paid - AFAP" includes the deposit and any final payment received by the time of cancellation, less a group travel insurance premium of approximately $200 per person (varies with age of tourist). Within 180 - 121 days of departure, the refund is 75% of the AFAP; within 120 - 61 days of departure, 50% of the AFAP ; within 60-31 days, 20% of the AFAP; within 30 days, 0% of the AFAP.   This refund schedule is dictated by our contracts with the German hotel and motor coach service providers.  

6.              If the tourist wishes to cancel his reservation on a tour, refunds are limited to the following terms of Company’s refund policy, applied to the “adjusted full amount paid (AFAP)”, less the deposit:  Cancellation more than 180 days prior to the scheduled departure date, 100% of (AFAP - deposit) refunded; 180 - 31 days prior to departure, 50% of (AFAP – deposit) refunded;  less than 31 days, no refund.

7.             All passports, visas and other travel documents required for the Tour are the responsibility of Tourist.

8.             Tourist, or if a minor, his parent or guardian, shall be liable to, and shall reimburse Company for, any damage to any of Company’s property or to the person or property of any of Company’s employees, agents, servants or independent contractors; and Tourist, or if a minor, his parent or guardian, shall further indemnify Company and all of its employees, agents, servants and independent contractors against any other person or entity for any personal injury, death or damage to property caused directly or indirectly, in whole or in part, by any act or omission of Tourist.

9.             IT IS AGREED BY AND BETWEEN TOURIST AND COMPANY THAT ALL DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, IN CONNECTION WITH OR INCIDENT TO THIS CONTRACT AND/OR THE TOUR SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE A COURT LOCATED IN JAMES CITY COUNTY, VIRGINIA, U.S.A., TO THE EXCLUSION OF THE COURTS OF ANY OTHER STATE, TERRITORY OR COUNTRY.  TOURIST HEREBY WAIVES ANY VENUE OR OTHER OBJECTION THAT HE MAY HAVE TO ANY SUCH ACTION OR PROCEEDING BEING BROUGHT IN ANY COURT LOCATED IN JAMES CITY COUNTY, VIRGINIA..

10.           (A)                NO SUIT SHALL BE MAINTAINED AGAINST COMPANY FOR ANY CLAIM INCLUDING BUT NOT LIMITED TO LOSS OF OR DAMAGE TO PROPERTY, DELAY, DETENTION, PERSONAL INJURY, ILLNESS OR DEATH OF TOURIST UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, SHALL BE DELIVERED TO COMPANY AT ITS OFFICE AS STATED HEREIN FOR NOTICE PURPOSES WITHIN TEN (10) DAYS AFTER TERMINATION OF THE TOUR TO WHICH THIS CONTRACT RELATES; AND IN NO EVENT SHALL ANY SUCH SUIT FOR ANY CAUSE AGAINST COMPANY BE MAINTAINABLE UNLESS SUCH SUIT SHALL BE COMMENCED (FILED) WITHIN SIX (6) MONTHS AFTER THE TERMINATION OF THE TOUR AND PROCESS SERVED WITHIN THIRTY (30) DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.

                (B)                THE COMPANY HEREBY DISCLAIMS ALL LIABILITY TO THE TOURIST FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF ANY KIND UNDER ANY CIRCUMSTANCES, EXCEPT TO THE EXTENT SUCH DISCLAIMER IS PROHIBITED BY ANY APPLICABLE FEDERAL LAW OF THE UNITED STATES.  WITHOUT LIMITING THE PRECEDING SENTENCE, IN NO EVENT WILL COMPANY BE LIABLE TO TOURIST FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES.

                (C)                THE EXCLUSIONS OR LIMITATIONS OF LIABILITY, TIMELINESS OF NOTICE, TIMELINESS OF FILING SUIT, AND THE VENUE PROVISIONS OF COMPANY SET FORTH IN THE PROVISIONS OF THIS CONTRACT SHALL ALSO APPLY TO AND BE FOR THE BENEFIT OF AGENTS, EMPLOYEES, SERVANTS, INDEPENDENT CONTRACTORS AND SUPPLIERS OF COMPANY.

11.           Tourist, or if a minor, his parent or guardian, shall be liable to Company for any fines or penalties imposed on the Company by any authorities for Tourist’s failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs or excise.

12.           Tourist warrants that he and those traveling with him are fit for travel and that such travel will not endanger themselves or others.  Company reserves the right to terminate a Tourist’s tour at any time, at the risk and expense of the Tourist, when in the opinion of Company, Tourist is believed to be a danger to himself or a disturbance or danger to others.

13.            Company shall not be required to refund any portion of the money paid by any Tourist who fails for any reason to make the tour or any activity as the case may be and shall not be responsible for lodging, meals, transportation or other expenses incurred by Tourist as a result thereof.  Company shall have no obligation to any Tourist to deviate from any scheduled tour or activity.

14.            Company has the exclusive right to include photographic, video and other visual portrayals of Tourist in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Tourist, and all rights, title and interest therein (including all worldwide copyrights therein) shall be Company’s sole property, free from any claims by Tourist or any person deriving any rights or interest from Tourist.

15.           Tourist acknowledges and confirms that any travel agent utilized by Tourist in connection with the issuance of  tickets related to the "Beautiful Bavaria" tour  is, for all purposes, Tourist’s agent and Company shall not be liable for any representation made by said travel agent.  Tourist shall at all times remain liable to Company for the price of the "Beautiful Bavaria" tour.

16.           This contract contains the entire agreement between Company and Tourist and supersedes any other agreements, written or oral, relating to the subject matter.  Any waiver of any provision of this contract must be made in writing and signed by Company.  If any portion of this contract shall be determined to be invalid, then said portion shall be deemed severed from the contract in such jurisdiction only and all remaining portions shall remain in full force and effect.

17.            The price of a tour is based on a group of 20 Tourists.  For fewer than 20, it may be necessary for the Company to increase the price or cancel the tour.  For between  20 and 30 tourists, the  company will proportionately reduce the price.  The price may also be adjusted due to revaluation of the dollar relative to the Euro.  An exchange rate of $1.40/Euro was used in determining trip prices. 

END OF TRAVEL CONTRACT: TERMS AND CONDITIONS

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