Specialty Tours Worldwide LLC dba Premier Train Tours
Terms and Conditions
SPECIALTY TOURS WORLDWIDE LLC dba Premier Train Tours is a limited liability company organized and existing under the laws of the State of Wisconsin (hereinafter “Premier Train Tours”,” “we,” “us,” “our”). We are a boutique tour operator specializing in running once-in-a-lifetime train tours as well as related events and activities. We are excited to serve our clients (hereinafter “you”, “traveler” or “participant”) and think our expertise and attention to detail will make your train tour as memorable and stress free as possible.
CONTRACT. We draw your attention to the terms and conditions of your participation below, these terms and conditions including all brochures, documents, correspondence and the terms and conditions of our suppliers form the basis of the contract with you. Before booking with us you must ensure that you have read and understood these terms and conditions (raising any questions you may have with us). Please be aware that these terms and conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all of the terms and conditions laid out below and acknowledging that you have read the terms of this contract and agree with it.
You represent and warrant that you are of sufficient age and mind to use our services and website and can create binding legal obligations in connection with your use, and that the information supplied by you is true and correct.
VIOLATIONS BY YOU. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your booking or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) you being denied access to participate in all or any part of the tour.
CHANGES TO THESE TERMS AND CONDITIONS. Premier Train Tours reserves the right, in our sole discretion, to change these terms and conditions at any time. Updated versions of the terms and conditions with material changes will be provided to you and are effective immediately upon receipt to you via email. Your continued use of our services including continuing to use or maintain your booking after any changes to the terms and conditions constitutes your consent to the changes.
COVID 19 RELEASE OF LIABILITY. By booking this tour at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself that you may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death, even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, which cannot be controlled or eliminated by Premier Train Tours.
You acknowledge that due to the uncertainty of travel at this time, this tour may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination. You are responsible for understanding these requirements and must not rely on Premier Train Tours to provide these details. You understand that you may become sick before, during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You agree that due to uncertainty caused by COVID 19, Premier Train Tours strongly suggests the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, Premier Train Tours shall not be liable for any losses howsoever arising.
You, and on behalf of your heirs, assigns, personal representatives and next of kin (the “Releasors”), HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS Premier Train Tours, its members, officers, agents, and/or employees, suppliers, and other tour participants (the “Releasees”), from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID-19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this contract, whether by operation of law or otherwise.
BOOKING/PAYMENT. When you are ready to book a tour, you’ll initially inquire via our “contact us” feature on our website or via email to andrew@premiertraintours.com. Once you have chosen your tour, you will read, acknowledge and agree to these Terms and Conditions and pay the non-refundable deposit of $500. We will send a confirmation upon receipt of the initial deposit or, if you so choose, payment in full. After final payment is received you will receive an invoice reflecting the same. The initial deposit of thirty-five (35%) is NON-REFUNDABLE.
Our bookings do not include international round-trip airfare. They also do not include any domestic airfare or transportation, either to our originating destination or from our final destination. You must make independent air travel (or other transportation) reservations related to your arrival and departure. Your contract for airfare is with the carrier and subject to its terms and we will not be liable for any change fees or cancellation fees or other additional cost you incur with the air carrier.
Upon booking, we will provide you with instructions for payment. You must make all payments in full and on time. If payments are not received when due, we reserve the right to cancel your booking and apply the cancellation charges set out in the cancellation section below. Failure to make a payment may result in the cancellation your participation in the tour. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect.
Once payment in full for your tour is processed, you will receive a confirmation and the full details of your tour. Please review these documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible with any corrections.
PAYMENT/CHARGEBACKS. All participant payments are to be made by Visa, Mastercard, American Express or Discover and travelers must provide us with an authorization for every transaction for your tour.
Your authorization is an agreement for us and/or the supplier to charge your card and an acknowledgement and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks.
In certain cases, you can dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Premier Train Tours retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
• Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
• Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
• Chargebacks arising from inconsistency or inaccuracy regarding the supplier’s product description.
• Chargebacks resulting from force majeure or other circumstances that are beyond the control of Premier Train Tours or the Supplier.
• Chargebacks resulting because you do not agree with the cancellation policy.
WHAT’S INCLUDED IN YOUR TOUR
Accommodations
Accommodations are provided as detailed in your itinerary but are subject to change (even on site), in order to adapt to situations beyond anyone’s control, including but not limited to weather or any other condition that may affect the group while traveling. The number of nights is dependent on your tour itinerary. Special requests are not guaranteed and sometimes cannot be accommodated.
Travelers should be aware that room sizes, standards and facilities can vary regionally and are substantially different from standards in the United States. This can include difference in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning and compliance with other standards such as ADA and wheelchair accessibility.
Premier Train Tours reserves the right, if necessary, to substitute other similar rooms or hotels for any accommodations that may be listed on your itinerary. Such substitutions may be made at any time and without prior notice. We cannot be held responsible for hotel over-bookings; should such occur, we will undertake to find similar accommodations in the same area. Such substitutions are at Premier Train Tours’ sole discretion and no refunds will be offered for changes in accommodations.
While we exercise due diligence in the selection of our partners, hotel and other accommodation profiles, we cannot guarantee their suitability for your preferences or expectations given the nature of the accommodations and locations. We cannot guarantee the supplier’s images and descriptions of the properties and rooms will be the same or similar for your accommodations during your stay/s. Additionally, participants should be aware that star ratings or similar systems are based on country classifications and therefore can differ. While Premier Train Tours does its best to maintain current and accurate information regarding these suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.
Transportation
Included in your tour is transportation to/from excursions, all in accordance with and as described in the tour itinerary, including van/s and drivers. There will be no refund for missed or unused transfers. Your transfers from the airport are included. If at any time your flight plans change, you must notify us immediately. Failure to do so may result in missing a portion or all of the tour and no refund shall be due. If you decide to arrive one or more days prior to the commencement of the tour and you stay (at your own expense) in a nearby hotel, we may be able to facilitate your transfer from the airport, but cannot guarantee we will be able to accommodate any requests for transfers from your hotel.
Guides and Excursions
Include in your tour package is an English-speaking guide for on-foot tours and excursions. Tourist tax is also included in the trip. Your excursions will be in accordance with, and as described in, the tour itinerary.
Meals
Breakfast and/or lunch and dinner re only included when expressly noted in your tour itinerary. Special diets should be requested at the time of booking; however, it may not be possible for special diets to be accommodated. For safety and liability reasons, Premier Train Tours and its representatives cannot be responsible for accommodating any food allergies, or dietary requirements and restrictions, and we are not responsible for any issues or problems associated with the same. We will advise the hotel of any special requests, but we cannot guarantee their availability.
Airfare
Airfare outside of what is described in the tour itinerary is NOT included. Participants can, for an additional fee, receive consultation services for air booking advice and best practices. Contact Premier Train Tours for more information on this additional option.
Changes to Itineraries
Premier Train Tours reserves the right to make changes to its published itineraries. In such cases, we will arrange for the substitution of comparable services.
There may be occasions when certain alterations become necessary. These can be due to religious holidays, national celebrations, or unforeseen events including weather, governmental closures, acts of God, or any other reason. Premier Train Tours reserves the right to change the itinerary due to such unforeseen circumstances or emergencies. Additionally, historic sites undergo renovations from time to time which can obscure viewing or otherwise change the nature of visiting these sites. No tours will be cancelled due to renovations, although Premier Train Tours may choose to amend itineraries for such sites. These changes will not be considered material changes and will not be considered cause for cancellation by the participant.
If we suggest alternate activities in place of a planned stop or in case of leisure time, such suggestions do not constitute our endorsement. In such a case you will be subject to the terms and conditions of the supplier of the activity and your only recourse in case of damage will be against the supplier of the alternate activity.
WHAT’S NOT INCLUDED IN YOUR TOUR
Any items and matters not referred to in your itinerary are not included in the tour price. Specifically, all airfare, visas, medical costs, alcohol and bar bills (including soft drinks), travel protection and insurance of all kinds, photographic equipment, gratuities, passport fees, laundry, phone calls, and all items of personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the tour whether of your own volition, our decision based on behavior that disrupts the tour, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.
NON-OPERATION OF PREMIER TRAIN TOURS. All tours are based on a minimum number of participants. Premier Train Tours makes every effort to ensure that tours meet their minimum requirements. However, if the tour drops below the minimum number of participants, cancellation of the tour may occur at the sole discretion of Premier Train Tours. In such case, participants will be advised at least thirty (30) days prior to departure. We may offer alternative tour dates or other travel arrangements. You may choose to accept these arrangements or to cancel your booking, in which case a full refund will be provided. Any air cancellation will be in accordance with the terms of the carrier and Premier Train Tours will not be liable for the carrier’s refusal to make any refund whatsoever. In such case, Premier Train Tours will not be liable for any additional costs incurred outside of the tour prices such as visa and passport fees, travel insurance or any other purchases made by the guest in anticipation of the tour.
CHANGES AND CANCELLATIONS
Changes by Participants
Since changes are considered canceled services, additional cancellation penalties may apply. Changes are subject to additional hotel charges based on availability and may incur additional fees. Changes to airfare are subject to the carrier’s Terms and Conditions.
If you are unable to complete the tour due to an inability to maintain the speed necessary to keep up with the group of participants, there shall be no refunds owed even if you are unable to complete the tour.
Cancellation
As described above, Premier Train Tours is required to pay certain suppliers well in advance of your tour date. This includes but is not limited to hotel accommodations, meals, entrance fees, transportation, etc. All suppliers have their own cancellation policies, which apply to your booking. Should a cancellation become necessary, please inform Premier Train Tours immediately in writing and request a written confirmation of your cancellation. Upon receipt, Premier Train Tours will follow industry procedures for any applicable refunds as outlines in the supplier’s terms and subject to their review. If you are entitled to a refund, please note that the supplier is responsible for this refund, not Premier Train Tours. We are not responsible for a supplier’s failure to pay a refund.
In addition to the terms of our suppliers, refunds for any monies paid to Premier Train Tours will be refundable for cancellations per the cancellation table below, less any non-refundable payments/deposits made by Premier Train Tours to our Suppliers. Also deducted from the net refundable amount will be any adjustments for room rate changes created by the cancellation (i.e., quad, to triple, triple to double, etc.). Since Premier Train Tours will pay certain deposits and costs to suppliers prior to the date of travel, Premier Train Tours will assess the following cancellation charges as follows:
Relevant Cancellation Time Prior to Tour Start Date Cancellation Charge Per Person
150 days or more 100% refund, less $500 non-refundable deposit
Between 149 days and 120 days 50% refund, less $500 non-refundable deposit
Less than 120 days No refund
If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason Premier Train Tours strongly suggests the purchase of a travel protection plan including additional “cancel for any reason” coverage.
Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.
Cancellation of Changes by Premier Train Tours
We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements. We may at our sole discretion offer travel vouchers or refunds in accordance with the cancellation schedule above. Participants are responsible for any additional costs for air tickets or other travel arrangements not made by us.
If between planning time and/or during actual travel, circumstances require changes, Premier Train Tours and its suppliers, reserve the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to lodges and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on the tour. Premier Train Tours cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the participant. Normal cancellation penalties still apply to the tour that has been changed.
NO REFUND FOR UNUSED ARRANGEMENTS. As Premier Train Tours prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the tour is in progress, there is no refund for the unused portion.
FORCE MAJEURE. Premier Train Tours assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Premier Train Tours that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers (and we are under no obligation to do so), we will refund these to you without any charge by Premier Train Tours.
TRAVEL PROTECTION. Travel Protection Coverage is not included. However, it is the participant’s responsibility to protect their purchases. For this reason, travel insurance and additional “cancel for any reason” coverage is strongly suggested. Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable tour deposits and payments that result from cancellation or tour interruption (due to a covered reason such as injury or illness before or during the tour). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including “cancel for any reason” coverage must be purchased in close conjunction with your travel purchase. If you choose to travel without adequate travel protection insurance coverage, we will not be liable for any of your losses howsoever arising, for which an appropriate travel protection insurance policy would otherwise have been available.
Premier Train Tours is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Premier Train Tours cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Certain countries or jurisdictions have a requirement for foreign visitors to have valid medical insurance on entry. Premier Train Tours cannot be held responsible for denied entry if a participant is unable to provide details to authorities of insurance or denial of entry for any reason.
DESTINATIONS AND DOCUMENTATION. Travel to certain destinations may involve greater risk than others. Premier Train Tours urges Travelers to remain informed daily as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID-19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. It is your responsibility to be aware of any and all requirements for admittance to a country or state, including Covid-19 requirements. Should you choose to travel to a country that has been issued a travel warning or advisory, Premier Train Tours will not be liable for damages or losses that result from travel to such destinations.
It is the responsibility of each participant to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up-to-date requirements US citizens should visit www.travel.state.gov. When travelling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/participant-information/acceptable-ids. Premier Train Tours strongly recommends that you consider that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation.
You acknowledge and agree to follow and abide by any and all local and national laws and regulations for any country you visit while participating in the photography tour. While all local and national laws and regulations are important to follow, we strictly encourage you to be informed concerning the use and/or possession of drugs in particular. There will be no tolerance for any use or possession of any drug and your failure to strictly comply with this requirement will result in a breach of this Agreement and may prevent you from your continued participation in the tour. It is your responsibility to check which prescription drugs need to be accompanied by a doctor’s note and/or prescriptions.
Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your tour. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing participant to miss flight(s), and subsequent scheduled travel tours. Premier Train Tours bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your tour related to improper documentation or government decisions about entry.
INSECTICIDE NOTICE. Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
NON-RESPONSIBILITY. Premier Train Tours, and its employees, owners, agents, and representatives use third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this tour. Premier Train Tours is not an employee, agent, or representative of any of these suppliers. Premier Train Tours does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. All suppliers are independent contractors and are not agents or employees or representatives of Premier Train Tours. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all participants agree that neither Premier Train Tours, nor its employees, owners, agents, or representatives are or may be liable for any loss, injury, or damage to any tour participant or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Premier Train Tours. Premier Train Tours assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any participant that may result from any act or omission on the part of others; Premier Train Tours assumes no responsibility or liability for personal property; and Premier Train Tours shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Premier Train Tours accepts no responsibility for lost or stolen items. Premier Train Tours reserves the right to refuse any participant or potential participant in its sole, absolute and unfettered discretion.
ASSUMPTION OF RISK/WAIVER & RELEASE OF LIABILITY. Traveler is aware that traveling in such areas as participant is undertaking on the tour may involve inherent risks to your health and safety, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: physical exertion, motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, high altitudes, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other participants, Premier Train Tours and its owners, employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided. You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by aircraft, or travel a country with developing infrastructure. Standards of hygiene, medical care, accommodation, and transport in the country where this tour is taking place are often lower than the standards you may reasonably expect in your home country or region.
While the tour guide will make his/her best effort in maintaining a manageable pace for the group, you agree that there is a risk associated with your ability to keep up with the pace of the group. We shall not be held liable for any reason if you are unable to keep up with the group and your guide at any point during the tour. You agree that we will not be able to slow down or stop at your convenience to accommodate your pace, and we shall not be liable should you need to turn around and not complete the tour.
Traveler understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this tour, participant is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release Premier Train Tours from any and all claims associated with the tour, including any claims of third-party negligence and/or the negligence of Premier Train Tours and participant hereby covenant not to sue Premier Train Tours for any such claims or join any lawsuit or action that is suing Premier Train Tours. You waive any and all claims that you have, or may in the future have and release from all liability and agree not to sue, Premier Train Tours, its agents, owners, suppliers or affiliates for any personal injury (including mental distress or trauma), illness (including exposure to diseases, epidemics or pandemics), death, property damage, quarantine or other loss that you may sustain during or as a result of the tour due to any cause whatsoever on the part of Premier Train Tours or others, including: negligence – including the failure to use such care as a reasonably prudent and careful person would do in the circumstances and failure to meet reasonable standards of care; breach of any other duty imposed by law; breach of contract; and mistakes or errors in judgment of any kind This agreement also binds your heirs, legal representatives and assigns. The terms of this ASSUMPTION OF RISK AND RELEASE OF LIABILITY paragraph, shall survive any termination or cancellation of this Agreement, whether by operation of law or otherwise.
INDEMNIFICATION. Traveler agrees to and shall indemnify and hold harmless Premier Train Tours, and each of our officers, directors, employees and agents (collectively “Premier Train Tours”), from any expenses, losses, liabilities (of any type), damages, judgments, demands, settlements and costs (collectively, “damages”) involved with or incurred by Premier Train Tours (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation of this Agreement and (ii) any damage caused or suffered by traveler while participating in the tour.
PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES. Due to the nature of many of the destinations we travel to means that it may be unsuitable for those who use a wheelchair or have a lack of mobility or have pre-existing conditions. Some tours require walking on uneven, rough ground, elevation inclines and declines, loading and unloading from trains and/or other vehicles, tower climbing, and exposure to high altitudes and varying weather conditions.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your tour, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
Additionally, our suppliers are, unfortunately, unable to offer additional assistance to participants with limited mobility and all such assistance will need to be provided by whoever the participant is traveling with. Travelers with disabilities must notify Premier Train Tours at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance.
HEALTH. Due to the nature of some of our tours, we may require the completion of a medical clearance form from a U.S. licensed doctor, physician assistant, or nurse practitioner attesting to your fitness to travel and to participate in our tours. For the safety or our participants, Premier Train Tours has the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion, in the best interests of the group and the participant in question.
PHOTOGRAPHIC/VIDEO LIKENESS. Traveler hereby gives consent to Premier Train Tours to publish any photographs and/or videos of the tour or participant in printed or electronic media without obtaining further consent and without compensation. Each participant releases Premier Train Tours and its representatives from any liability in connection with any use of such photographs and/or videos.
GOVERNING LAW/SUBMISSION TO JURISDICTION. JURY WAIVER/NOTICE OF CLAIM. This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Wisconsin exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Wisconsin. You agree that you will only bring claims against Premier Train Tours in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Premier Train Tours shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a tour means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Premier Train Tours unless you have first provided a typewritten notice of claim to Premier Train Tours within 30 days after the trip or cancellation of the trip, further provided that you agree to file suit within one (1) year of the incident and you acknowledge that this expressly limits the applicable statute of limitations to one (1) year.
ENTIRE AGREEMENT & SEVERABILITY. This agreement, including any other documents, including invoices we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Premier Train Tours. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Last Update: October 4, 2023