IMPORTANT TERMS AND CONDITIONS OF CONTRACT – READ CAREFULLY
In consideration of the receipt of the payment, Hefty Tour LLC (“Hefty Tour”) agrees to provide event activities on the following terms and conditions:
- Definitions and Scope of Contract
- Whenever the word “Hefty Tour” is used in this Contract it shall mean and include the owners, operators, employees, agents, of Hefty Tour LLC. The term “Guest” shall include the plural where appropriate, and all persons or entities booking or purchasing activities under this Contract, including heirs, representatives. The masculine includes the feminine.
- “Event Package”, “Ticket”, “Fare” or “Event Fees” means the amount paid for event activates. The fare shall be deemed to be earned when paid and not refundable except as stated in Clause 3, herein.
- Event Fare does not include Government taxes and fees imposed or sanctioned by the U.S. Government, City, State, Municipal or other Governments. “Government fees and taxes” may include any and all fees, charges, surcharges, tolls and not limited to, Guest Facility Charges, Security Surcharges, Arrival, sales, resort, hotel or VAT taxes incurred as part of a package
- This Event Package, and the individual items that comprise it, is valid only for the person(s) named hereon as Guests and cannot be transferred or modified without Hefty Tour’s written consent. The acceptance or use of this Event Package by the person(s) named hereon as Guests shall be deemed acceptance and agreement by each of them to all of the terms and conditions of this Event Contract.
- All rights, exemptions from liability, defenses and immunities of Hefty Tour under this contract shall also inure to the benefit of Hefty Tour facilities, agents, managers, volunteers, staff, affiliated or related companies, suppliers, and independent contractors, including, but not limited to, excursion or tour operators, and other concessionaires, who shall have no liability to the Guest, either in contract or in tort, which is greater than or different from that of Hefty Tour.
- This contract constitutes the entire agreement between Hefty Tour and Guest and supersedes all other agreements, oral or written. Any alteration to any term of this contract must be in writing and authorized by Hefty Tour. Should any provision of this contract be contrary to or invalid by virtue of the law of the jurisdiction in which this contract is sought to be enforced or be so held by a court of competent jurisdiction, such provision(s) shall be deemed to be severed from the Contract and of no effect and all remaining provisions herein shall be in full force and effect and constitute the Contract of Carriage.
- Nature of Event and Guest’s Obligations
- The Guest admits a full understanding of the character of the event and assumes all risks.
- Proper personal identification will be required at registration and throughout the event. It is the guest’s sole responsibility to bring and have available at all times all required personal documents. Any guest traveling without proper documentation will not be allowed to attend the event and no refund of the event fare will be issued. Hefty Tour recommends all non-US attendees verify they have the correct visa before booking their event package and make travel arrangements.
- Hefty Tour shall refuse entrance to any Guest under the age of eighteen. Proof of age is required. Hefty Tour shall not be liable to make any refunds or for any damages with respect to any Guest’s failure to provide proper proof of age or otherwise comply with this provision.
- Cancellation by Guest, Changes, or Refunds
No refunds will be made in the event of “no shows”, unused Event Packages, lost tickets, interruptions, partially used tickets, or cancellations received late or after the start of the event. A cancellation occurs when a room night is released and not simultaneously rebooked for the same event. Hefty Tour strongly recommends the purchase of trip cancellation insurance from your travel agent, for those parts of the trip that can be covered.
Cancellation charges for individual bookings will be assessed as listed below.
|Event Package||181 days or more (before March 1, 2020)
121 to 180 days (before May 1, 2020)
61 to 120 days (before July 1, 2020)
60 or less (after July 1, 2020)
$30.00 or 25% (the higher)
$30.00 or 50% (the higher)
|Excursions||181 days or more (before March 1, 2020)
121 to 1801 days (before May 1, 2020)
61 to 120 days (before July 1, 2020)
60 or less (after July 1, 2020)
$5.00 or 25% (the higher)
|Extras/Merchandise||181 days or more (before March 1, 2020)
121to 180 days (before May 1, 2020)
61 to 120 days (before July 1, 2020)
60 or less (after July 1, 2020)
$5.00 or 25% (the higher)
1 Dollar amounts represent a flat cancellation charge. Percentages represent a cancellation charge penalty based off the total cost paid by Guest for the Item. For example; Cancelling $175 event package 130 days prior to the event date, will result in a 25% cancelation charge ($43.75) and a 75% refund ($131.25) to the Guest.
– Refunds will be only issued back to the original credit card charged, if the cancellation is processed within 60 days of the original charge. After 60 days, only refunds by check will be issued and mailed. Checks will be drawn in USD (USA Dollars) from a US Bank account.
– Guests who pursue cancellations by means of credit card dispute (chargeback), will be responsible for the cancellation charge above plus all chargeback fees imposed by the credit card company and merchant processor.
CHANGES / DOWNGRADES: If you request a change to your package or excursions and this involves a refund (e.g., a Package downgrade) you will be charged a $30 change fee per transaction to cover credit card processing fees and handling.
- Hefty Tour’s Right to Increase Fares, Cancel or Change Events
- Hefty Tour reserves the right to increase fares without prior notice. However, fully paid guests will be protected, except for government taxes, other surcharges and changes to deposit, payment and cancellation terms/conditions which are subject to change without notice.
- Hefty Tour has the right without previous notice to cancel the event or any time during the event and shall thereupon return to the Guest, if the Contract is completely canceled, his money, or, if the Contract is partially canceled, a proportionate part thereof. Under such circumstances, Hefty Tour shall have no further liability for damages or compensation of any kind.
- If the performance of the proposed event is hindered or prevented (or in the opinion of Hefty Tour or, Hotel Operator, or Government Official is likely to be hindered or prevented) by war, hostilities, blockage, ice, labor conflicts, terrorist acts or threatened terrorist acts, strikes, weather, restraint of government officials, hotel staff or People, congestion, traffic difficulties or any other cause whatsoever or if Hefty Tour or the Hotel Operator considers that for any reason whatsoever, proceeding to, attempting to maintain, or operate or remaining may expose the Event to risk or loss or damage or be likely to delay, Hefty Tour shall cease the event and this contract shall be deemed to have been fully performed, or if the Guest has not started the event, Hefty Tour may cancel the proposed event without liability to refund event money or fares paid in advance.
- Hefty Tour shall have liberty to comply with any orders, recommendations or directions whatsoever given by the Host Hotel or Department of any government or by any person acting or purporting to act with the authority of such Government or Department. Recommendations or directions anything is done or is not done the same shall not be deemed a deviation or a breach of this contract.
- Compliance with Rules, Solicitation, Smoking, Drinking, Illegal Activity
- Guest agrees during the course of the event activities to follow the directions of the Event Manager and/or staff, or his authorized agent. Guest further agrees not to solicit anyone during the event for any commercial or professional purposes, unless when and where permitted with a valid Vendor contract. Guest agrees that any violation of this Clause may subject guest to removal from the event.
- Guest acknowledges that Hefty Tour’ event contain non-smoking sections. Guest agrees to refrain from smoking in those sections and agrees that Hefty Tour has the right to remove the Guest for failure to observe Hefty Tour’s non-smoking policy.
- Except as noted below, Guests are prohibited from bringing alcohol to the Event. Hefty Tour reserves the right to refuse to serve alcohol to any Guest. Guest acknowledges that the minimum age permitted for the possession or consumption of alcoholic beverages during Hefty Tour’ events is twenty-one (21). Guest agrees to supervise all persons under age twenty-one (21) under Guest’s charge to ensure that they do not violate this, or any other, event regulation. Guests who attempt to consume alcohol by using false identification will be deemed in violation of this policy. Any Guest twenty-one or older who attempts to or obtain alcohol for any guest under twenty-one will also be deemed in violation of this policy. Guest agrees that Hefty Tour has the right to remove any guest who violates this policy.
- Guest’s Reimbursement for Fines, Expenses, Debts and Damages
- The Guest shall be liable to and shall reimburse Hefty Tour for any fines or penalties imposed on Hefty Tour by any government, governmental agency or official, hotel, venue, or service provider, for Guest’s failure to observe or comply with requirements, or any other government regulation whatsoever.
- The Guest or Guest’s estate shall be liable to and shall reimburse Hefty Tour for all deviation expenses (including loss of revenue), damages to the event, its furnishings, operations or equipment, or any property of Hefty Tour caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Guest. The Guest or Guest’s estate shall defend and indemnify Hefty Tour and the event, their servants and agents against liability which Hefty Tour or the event or such servants or agents may incur towards any person, company or Government for any damage to property, personal injury or death caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Guest or minors traveling with Guest..
- Limitations of Hefty Tour’s Liability
- In consideration for the fare paid, it is agreed that Hefty Tour shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by Hefty Tour nor for any intentional or negligent acts of Hefty Tour’s employees and volunteers committed while off duty or outside the course and scope of their employment or responsibilities.
- Hefty Tour shall not be liable to the event Guest for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances.
- In addition to all the restrictions and exemptions from liability provided in this Contract, Hefty Tour shall have the benefit of all statutes of the United States of America providing for limitation and exoneration from liability and the procedures provide thereby, including but not limited Title 46 of the United States Code sections 30501 through 30509, and 30511. Nothing in this Contract is intended to nor shall it operate to limit or deprive Hefty Tour or any such statutory limitation of or exoneration from liability under any applicable laws.
- Hefty Tour’ event is a private event, as such, Guest agrees that event management can revoke or cancel their admission for any reason at any time. In the event that a Guest’s package has been revoked before the event starts, a full refund will be issued. Guest further agree to hold Hefty Tour, its agents, organizers and staff harmless for any out of pocket expenses related to any cancelation.
- Hefty Tour’s Use of Guest’s Likeness
Hefty Tour and/or its promotional partners have the exclusive right to include photographic, video and other visual portrayals of Guest in any medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Guest, and all rights, title and interest therein (including all worldwide copyrights therein) shall be Hefty Tour’s sole property, free from any claims by Guest or any person deriving any rights or interest from Guest.
- Guest’s Use of Photos, Videos or Recordings Prohibited
Guest hereby expressly agrees that he/she will not utilize any tape recording, video, or photograph(s) of himself/herself, any other Guest, staff, or third party attending the event, or depicting the event, its design, equipment, or any part thereof whatsoever, for any commercial purpose or in any media broadcast, or for any other non-private use, without the express written consent of Hefty Tour. Guest acknowledges that by attending the event, at any time, Guest irrevocably agrees to this provision, which is a condition precedent to being permitted to attend the event and can be enforced by any legal means, including, but not limited to, injunctive relief.
- Guest’s Obligations for Expenses
- Guest agrees if Hefty Tour incurs any expense or sustains any damage as delineated in but not limited to Clauses 2, 4, 5, and 9, that Hefty Tour may charge the Guest for any expense incurred or damage sustained.
- If guest is denied attendance or is removed from any event or excursion, pursuant to any provision of this contract, including but not limited to Clauses 2, 4, 5, and 9 guest agrees:
- Hefty Tour will not be liable for any refund of any event fees, other compensation or any damages.
- Alternative hotel or transportation expenses will be at guest’s sole expense.
- To indemnify Hefty Tour and that Hefty Tour may charge Guest for any and all expenses incurred by Hefty Tour in relation to Guest’s removal from the event.
- Jurisdiction, Venue, Arbitration and Time Limits for Claims
- Hefty Tour shall not be liable for any claims whatsoever for personal injury, illness or death of the guest, unless full particulars in writing are given to Hefty Tour within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one year after the date of the injury, event, illness or death, and unless served on Hefty Tour within 120 days after filing. Guest expressly waives all other potentially applicable state or federal limitations periods.
- Hefty Tour shall not be liable for any claims whatsoever, other than for personal injury, illness or death of the Guest, unless full particulars in writing are given to Hefty Tour within 30 days after the event, within 30 days thereafter. Legal proceedings to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless commenced within six months after the last day of the event, and unless served upon Hefty Tour. within 120 days after commencement. Guest expressly waives all other potentially applicable state or federal limitation periods for claims which include, but are not limited to, allegations concerning any and all civil rights, the ADA, trade practices and/or advertising.
- Except as provided in Clause 11 (d) below, it is agreed by and between the Guest and Hefty Tour. that all disputes and matters whatsoever arising under, in connection with or incident to this Contract or the Guest’s event, shall be litigated, if at all, before the United States District Court for the District of Texas, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Collin County, Texas, U.S.A. to the exclusion of the Courts of any other county, state or country.
- Any and all disputes, claims, or controversies whatsoever, whether brought in person or in rem or based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this Contract or Guest’s event, no matter how described, pleaded or styled, between the Guest and Hefty Tour, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., (“FAA”) solely in Collin Country, Texas, U.S.A. to the exclusion of any other forum. Guest hereby consents to jurisdiction and waives any venue or other objection that may be available to any such arbitration proceeding in Collin County, Texas. The arbitration shall be administered by the American Arbitration Association under its Commercial Dispute Resolution Rules and Procedures which are deemed to be incorporated herein by reference. If you have a question about the arbitration administrators mentioned above, you can contact them as follows: American Arbitration Association, Bank of America Tower, 100 Southeast 2nd Street, Ste. 2300, Miami, FL 33131 (305) 358-7777.
NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (OTHER THAN SMALL CLAIMS COURT). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR HEFTY TOUR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. An award rendered by an arbitrator may be entered in any court having jurisdiction under the Convention or FAA. Hefty Tour and Guest further agree to permit the taking of a deposition under oath of the Guest asserting the claim, or for whose benefit the claim is asserted, in any such arbitration. In the event this provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then the provisions of Clause 11 (c) above governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this Clause.