AVIGNON PRESTIGE TOUR
EIRL Vincent – Prestation de services de Tourisme – 32 bd. Raspail – 84000 Avignon – FRANCE
136 West 111th Street – Suite 1RW – New York, New York 10026 – USA
YOU ____________________________HEREBY ENGAGE AVIGNON PRESTIGE TOURS, LLC (“AVIGNON”) for the purpose of providing travel arrangements for the following Tour or excursion:
Tour Title: ____________________
AVIGNON shall offer a travel package to You, the Tour, the details of which are found at Attachment A, which may include organizing a Tour within the Republic of France, including transportation, tours, activities, sightseeing, lodging and food, to Your satisfaction, which shall be prepared and submitted to You for approval and acceptance as part of the Agreement. It is understood that AVIGNON shall be under no obligation to provide transportation for You to and from Provence, France. The price of such attachment A shall only be confirmed upon the signing of this Agreement and the payment of the Down-Payment.
AVIGNON may also prepare and provide at its own expense promotional material regarding the Tour, but in the event of any conflict between such material and the terms of the Tour or this Agreement, the terms of this Agreement shall prevail, not inclusive of attachment A.
1. Formation: This Agreement represents the entire understanding and responsibilities between You and Avignon and supersedes and cancels all prior understandings, oral or written, concerning the Tour, the subject matter, terms or circumstances contained herein and can be changed only in writing signed by Avignon. You understand that no contract will have been established between Avignon and You unless and until the Down-Payment or full payment, as applicable, and a signed copy of this Agreement shall be received by, and co-signed by Avignon. Subject to our refund schedule, You are responsible to pay to Avignon the entire price stated in this Agreement (the “Contract Price”) no later than thirty (30) days prior to the commencement date of Your Tour, which shall be either Your scheduled arrival date in France or the stated commencement date of the Tour, if You are in France at the time of such commencement (the “Commencement Date”). You agree to strictly comply with the terms and conditions of this Agreement, and agree that, notwithstanding any cancellation by You of a credit card charge to Avignon, You shall remain liable therefor. (“You” shall mean in this Agreement, yourself and anyone travelling with You). You must provide the ages, names, and addresses of all travelers in your travel group. You may not travel with anyone under the age of 18 not part of your immediate family without their parent or legal guardian having signed this agreement.
2. Our Responsibility: We will fulfill all obligations under this Agreement, including engaging responsible third parties to perform the services described in the Tour. We pride ourselves on our relationships with the most discrete and professional French travel accommodators. However, You agree that any failure, difficulty or alteration of the Tour in France, due to the negligence or willful acts of any such third-parties will be at the sole responsibility of such third-party and not Avignon. Pursuant to Your agreement with the accommodators in France, You will be entitled to make any appropriate claims directly against them in France, and if Avignon is successful in recovering any portion of Your costs, it will refund them to You, less any costs of collection.
3. Down-payment: Upon execution of this Agreement, if the date of this Agreement is more than thirty (30) days prior to the Commencement Date, You are required to pay thirty percent (30%) of the Contract Price of the Tour.
4. Contract Price: The Contract Price is payable in U.S. Dollars unless otherwise stated, subject to additional surcharges where applicable. Full payment shall be made no later than thirty (30) days prior to the beginning of the scheduled Tour, or the Tour will be considered cancelled and no refund will be made. The Commencement Date of the Tour shall be the date You arrive at an Airport or Train Destination in France, or the date the Tour commences under this Agreement.
5. Cancellation: Any cancellation of the Tour by You for whatever reason must be in writing addressed to Avignon at the address stated at the top of this Agreement. The effective date of cancellation is when such written notification shall be the date received by Avignon. Once payments are received by Avignon they are refundable exclusively pursuant to the Refund Schedule, except that the Refund Schedule will not apply if, no later than twenty-nine (29) days prior to the Commencement Date, You have not obtained all necessary licenses, visas, other legal and regulatory requirements, and satisfied any other governmental restrictions.
6. Refund Schedule: If You cancel on a date twenty-nine (29) days to twenty (20) days prior to the Commencement Date, 75% of the Contract Price will be refunded, if on a date nineteen (19) to ten days prior to Commencement Date, 50% of the Contract Price will be refunded, and if on a date nine (9) days to three (3) days prior to the Commencement Date, 25% of the Contract rate will be refunded. There will be no other refunds. The Commencement Date will not be counted as a date under the Refund Schedule. Cancellations must be in writing and received by Avignon on or before the dates stated in this Refund Schedule.
7. Transferability: Avignon may allow in its discretion the transfer of Your booking to substitute, add or remove a client. Such request must be made to Avignon in writing, and a new booking contract may be implemented by Avignon according to booking rates available at that time, along with an administrative charge of US$100 per person.
8. Responsibility: Avignon is not responsible for any loss, theft, damages, whether negligent or purposeful, including damage to Your person or property of any kind, and You shall protect, hold harmless, indemnify and defend Avignon, including its officers and employees) from any and all liability (including attorneys’ fees and costs) resulting from injury to or by You which arises out of or is in any way connected with the performance of this Agreement or the Tour. IN NO EVENT SHALL AVIGNON BE LIABLE TO YOU OR ANYONE TRAVELLING WITH YOU WHETHER ON THE TOUR OR NOT FOR INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING, WITHOUT BEING LIMITED TO, LOSS, THEFT, DEATH, INJURY OR ANY OTHER DAMAGE TO YOU OR THIRD PARTIES. In any event that Avignon is found liable to You for any reason, as provided for herein, Your damages are limited to the price paid to Avignon and You agree that this limitation is reasonable and acceptable to You.
9. Insurance: Due to the present risks involved in international travel Avignon recommends that You purchase trip cancellation/travel insurance, which Avignon may offer but, has no responsibility therefor. In the event that You purchase such Insurance, You agree to look solely to such insurer or any other insurance which You may have for any damages which may be incurred by You in connection with, or arising out of this Agreement or the Tour.
10. Devaluation: In the event of any devaluation of currency or an actual adjustment in effective exchange rates of currency regardless of whether an official devaluation occurs, or any unforeseen tax or levy upon the Tour, Avignon shall have the right to adjust the price stipulated herein, based upon the rate of exchange in force on this Contract Price, but no later than _____________ prior to the Commencement Date, but may nevertheless at any time increase the Contract Price for any unforeseen levy or tax.
11. Your Warranty: You warrant and agree not to possess any dangerous or illegal materials during Your Tour, nor harass, embarrass or threaten any other person or commit any crime or any indecent act during Your Tour; and agree that if, in the reasonable discretion of Avignon, You breach this Warranty and Agreement, Avignon will provide no other services to You and may immediately cancel Your Tour, in whole or in part, without any liability to You.
12. Authorization: You agree and authorize Avignon as Your attorney in fact to charge any additional fees due under this Agreement to Your credit card, or the credit card of anyone travelling with You on the Tour.
13. Force Majeure: Avignon reserves the right to modify or cancel the Tour at any time or when reasonably necessary in its sole discretion to do so as a result of an event or events taken together which might, in Avignon’s discretion, may make performance of Your Tour dangerous, difficult or impossible to complete, including any circumstance outside the reasonable control of Avignon, including what is often referred to as force majeure or Acts of God, but not limited thereto, and including any other unanticipated or imminent circumstances, such as war, hostile activities, bomb threats, the issuance by any Governmental Agency of a travel warning, riot, strikes, flooding, earthquake, dangerous or violent winds or storms, dangerous roads or any other cause rendering the Tour reasonably unable to complete without putting You in harm, or causing any substantial increase in danger to You. In the event that the Tour may progress within five days of the planned date, it shall be considered by You to be timely. In the event of any modification or cancellation of the Tour by Avignon, due to such aforesaid events, or their imminence, and, if requested by You, Avignon will endeavor to make reasonably alternative arrangements. In such event, Avignon may increase the price of the Tour due to any such modification of travel, destination, or any other new arrangements, but by no more than ____% of the Contract Price. In the alternative, in Avignon’s discretion, Avignon will provide a refund of ______% of the Contract Price and shall be under no other or further liability to You, including travel expense, alternative lodging or any other expenses incurred or for any other reason.
14. Payment: Only Major Credit Cards or wire transfers are accepted. No allowances may be taken unless expressly agreed in writing. Any payment received from You may be applied by Avignon against any obligation owing by You to Avignon, under this or any other contract.
15. Construction: This Contract shall be deemed to be made in New York and interpreted pursuant to the laws thereof. Waiver by Avignon of the operation of any provision of this Agreement, or any breach by You, shall not constitute a continuing waiver and Avignon shall retain the right to insist upon the operation of all provisions hereof and to enforce its rights with respect to any subsequent breach. Should any provision of this contract be held void, voidable or unenforceable for any reason, all remaining provisions of this contract shall remain in full force and effect. By signing this Agreement, You represent that You have understood the terms herein, that You are authorized to execute this Agreement, and that the signature affixed below is authentic. You further agree that You may not commence any action for any reason against Avignon except pursuant to Article 16 of this Agreement.
16. Jurisdiction: The parties hereto irrevocably consent to the jurisdiction of the Supreme Court of the State of New York, and of the United States District Court for the Southern District of New York, for all purposes in connection with any dispute arising out or relating to the interpretation or breach of this Agreement; and consent that any process or notice of motion or other application to either of said courts, and any paper in connection with any such dispute, may be served by Avignon inside or outside of the State of New York by certified mail return receipt requested or by personal service or overnight delivery service, in such other manner as may be permissible under the rules of the applicable court or arbitration tribunal, provided a reasonable time of thirty (30) days for appearance is allowed. Any claims raised by You must be asserted in writing no later than sixty (60) days after the Tour and Your failure to institute any legal proceedings within such period shall constitute an absolute bar to the institution of any proceedings and the seeking of any remedy at law and a waiver of all of Your claims against Avignon. In the event that You bring any action or proceeding against Avignon, You may be liable for Avignon’s reasonable attorney’s fees and costs.
17. Future Transactions: Unless a future transaction is governed by a signed contract between the parties, the terms and conditions of this Agreement including, without limitation, the provision for EXCLUSION OF CONSEQUENTIAL OR INDIRECT LIABILITY of Avignon, shall apply to all such future transactions.
AVIGNON PRESTIGE TOURS, LLC CLIENT:
By: ___________________________ by: _____________________________
Printed Name: ___________________