Terms & Conditions
These Travel Guest Terms and Conditions (“Agreement”) apply to and control any travel services offered by or through Gourmandly or any of its Affiliates (together and in the alternative, “Gourmandly”, “we”, “us”, “our”). For purposes of this Agreement, the term “Affiliates” means any natural person or legal entity that is controlled by, controls, or is under common control with Gourmandly. “Control” means the ability, whether directly or indirectly, to direct the affairs of Gourmandly by means of ownership, contract, employment relationship or otherwise. “You” and “your” means each program participant.
Please read this Agreement carefully. By performing one or more of (i) reserving any program with Gourmandly, (ii) by submitting any payment to Gourmandly, and/or (iii) by participating in any Gourmandly program you acknowledge that you have read and understand the terms of this Agreement, and you accept and agree to be bound by the terms of this Agreement. In addition, by performing any of items (i) & (ii) above for or on behalf of one or more traveling companions (each, a “Companion”), you represent and warrant to Gourmandly that you are an authorized representative of each Companion, and you agree that the terms of this Agreement are binding on each Companion.
Reservation and Payments
To secure your reservation, a nonrefundable, per person, per program Deposit is required for each program and extension (if elected) and is detailed on your Reservation Form and other program documents. Any additional non-refundable program fees, deposits, or extra fees, are also due at the time of reservation. Full Final Payment for the program, extension(s) and any additional fees, is due no later than 90 days prior to the scheduled program departure date. If the reservation is made fewer than 90 days prior to departure, the entire cost of the program, extension(s) and any additional optional(s), is due at the time of reservation. Deposits and Final Payments can be made by check, money order, ACH, wire transfer of same day U.S. funds, or major credit card. If Final Payment is not received by Gourmandly at least 90 days prior to the scheduled program departure date, (a) the reservation is subject to a late payment fee equal to 2% (or the maximum legal rate, if less) of the total invoice amount (exclusive of taxes and other governmental charges), per week until paid in full, and (b) Gourmandly may, at any time and with or without notice, cancel your reservation in its sole and absolute discretion. All payments we receive from you are herein defined as “Payments”.
Reservation Grace Period
Reservations made not fewer than 98 calendar days prior to the scheduled program departure date may be cancelled by you at any time during the seven (7) calendar day period (the “Grace Period”) immediately following the date of reservation for a full refund of all Payments received by Gourmandly as of the effective date of termination. Notice of termination must be in writing, must be received by Gourmandly in the Grace Period and is effective only on timely receipt of such written notice by Gourmandly. For all other reservations and cancellations, the terms of the Cancellations and Refunds section below apply.
Cancellations and Refunds
All cancellations must be submitted to Gourmandly in writing and will be subject to a cancellation fee (“Cancellation Fee”) as follows: (a) if the cancellation notice is received by Gourmandly 91 or more days prior to the scheduled departure date, the Cancellation Fee will be forfeiture of the full deposit per person per program including any extension; (b) if the cancellation notice is received by Gourmandly 90 or fewer days prior to the scheduled departure date, the Cancellation Fee will be the full program price. In addition to and not in lieu of the foregoing, a Cancellation Fee equal to 100% of the carrier charge applies to all non-refundable airfares due to your cancellation made at any time prior to the scheduled program departure date, as applicable. Refunds, if any, of any Payments in excess of the aggregate Cancellation Fee shall be processed within 30 calendar days of our receipt of your written notice.
All programs are subject to cancellation by Gourmandly in its sole reasonable discretion prior to the scheduled departure date. In the event Gourmandly cancels your program prior to its scheduled departure date, your remedy shall be as follows: (a) where cancellation is due to a Force Majeure Event (as defined below), Gourmandly will refund a sum equal to Payments received by Gourmandly as of the date of cancellation, less any Payments advanced to suppliers that Gourmandly thereafter cannot successfully recover from such suppliers and any actual and reasonable expenses incurred by Gourmandly to recover such amounts; and (b) where Gourmandly cancels a program for reasons other than a Force Majeure Event, Gourmandly will refund all Payments received by Gourmandly as of the date of cancellation. The Payment refund set forth in immediately preceding sentence is your sole and exclusive remedy in the event your program is cancelled by Gourmandly. Except for your right to the Payment refund as herein provided, you hereby release and forever discharge Gourmandly from, any expense or cost incurred by you arising or resulting from a cancelled program, including without limitation, the cost of non-refundable airfare, other transportation, lodging and meal expense, change fees, visa fees, medical expenses, equipment and clothing purchases, insurance premiums and deductibles, lost wages or income, and the cost of any additional or alternative arrangements you elect or are required to make or incur as a result of a cancelled program.
In addition and without limitation, Gourmandly shall not be liable for any injury, loss, death, inconvenience, cost, delay or damage to person or property in connection with or resulting from acts of God, illness, disease, acts of war, riot, civil unrest, insurrection or revolt, flood, cyclone, hurricane, fire, earthquake or other natural occurrence, weather event or disaster, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning or other adverse health condition, mechanical or other failure of aircraft, vessels or other means of transportation, termination or cancellation of services by suppliers for any reason, for failure of timely arrival or departure, or for any other reason beyond Gourmandly’s reasonable control (each, a “Force Majeure Event”).
Program rates are based on minimum participation levels, current fares (air, water, land), vendor expenses, tariffs, and currency values. While Gourmandly does everything possible to maintain the listed program rates, they are subject to change effective immediately upon posting unless otherwise specified by Gourmandly.
Accommodations and arranged excursions are subject to change or substitution at any time due to unforeseen circumstances or circumstances beyond Gourmandly’s control. Every reasonable effort will be made to operate programs as planned, but adjustments, substitutions and changes may occur after the ﬁnal itinerary has been issued. Gourmandly may, in its sole discretion, withdraw a program or any part of it, make such alterations or substitutions to the itinerary or program inclusions as it deems necessary or desirable, and pass on to program participants any expenditures, additional costs or other adjustments caused by any such modifications, or by delays or events beyond its reasonable control. In addition, Gourmandly may, in its sole discretion, withdraw or modify a program if required by the tour operator or other vendor with whom Gourmandly has contracted or by applicable governmental authority.
Unless otherwise specifically noted in the itinerary, program prices do not include the following expenses, which if applicable are your sole responsibility to pay and satisfy: trip cancellation insurance and passenger travel protection plan; domestic, international, and internal airfares; transfers and luggage handling fees except in connection with scheduled group flights; costs associated with obtaining passports or entry visas; airport departure taxes; airline ticketing fees; airport transfers when arriving/departing on other than scheduled group dates; excess baggage charges; any new value added taxes or GST taxes added to program costs by applicable governmental authority; gratuities to drivers, guides, or ship’s crew not specified; meals and beverages other than those speciﬁed as being included in the itinerary; sightseeing not included in the itinerary; personal expenses such as laundry, communication charges and optional activities (which are subject to availability); and ship, air, or transportation fuel surcharges, if applicable.
Health and Fitness to Travel
Some programs include physically active elements. To enjoy the program as intended, a minimum level of ﬁtness is required. Accordingly, you must be in good physical and mental condition to participate. You represent and warrant to Gourmandly that you have no physical, mental or other condition, impairment or disability that may or will cause or create a risk of injury or other hazard to yourself or others in respect to any aspect of the program you have selected. Gourmandly may, in its sole discretion, limit, restrict or prohibit from participation in any aspect of any program any individual that it considers in its sole discretion to be impaired or unsuitable due to ﬁtness level. In addition, Gourmandly may, in its sole discretion and at the participant’s sole expense, remove from the program, or restrict the program-related activities of, any individual whose physical or mental condition may or is likely to cause a hazard to himself/herself or others, or otherwise impair the enjoyment of other program participants. Any physical condition requiring special attention, diet, or treatment must be reported in writing to Gourmandly at the time a program reservation is made. Should you have any questions or need any clarification about a specific program, please ask for details at the time you make your reservation. You acknowledge and agree that nothing in this agreement creates any obligation or duty on the part of Gourmandly to monitor, to make any decision or determination or to take any action in respect to any program participant on account of such individual’s mental or physical condition, health or otherwise.
Travel Advisories and Warnings
It is the sole responsibility of each guest to stay informed about the most current international travel advisories and warnings by visiting the U. S. State Department’s travel website at http://www.travel.state.gov or by contacting the U.S. State Department directly. In the event of an active State Department Travel Warning (“Warning”) against travel to a program’s specific destination location(s) and you elect to travel to the location(s) notwithstanding such Warning, you hereby agree, individually and on behalf of your marital community, heirs, estates, personal representatives, executors and assigns, to assume, and to defend, indemnify and hold Gourmandly harmless from and against, all actual or potential personal injuries, death, property damage and other loss or casualty arising from or related to events that are the same or similar to those specified in the Warning.
Gourmandly strongly recommends that you purchase travel and cancellation insurance to protect your interests in the event unexpected or unforeseen circumstances, including without limitation, force majeure events, that may cause the cancellation of your trip. In addition, we recommend that you consider obtaining a policy(ies) that will cover some or all of your losses associated with damage or loss of luggage or personal effects. If you do not have, but are interested in, purchasing travel and cancellation insurance please contact your Gourmandly representative immediately.
Gourmandly welcomes the participation of children in its programs. However, in the event you do include your children or other minors for whom you serve as legal guardian (together, “Dependents”) in your travel plans, you hereby acknowledge and agree that you are and shall be at all times solely responsible for their care, actions, safety and protection during the program and any extension(s). Should you have any questions whether a particular program or inclusion is suitable for your Dependent(s), please contact us and we will do our best to provide you with answers.
Program rates include the price of two (2) pieces of carrier policy-compliant baggage per person during the program only unless specified otherwise in the itinerary. Please be advised that air carriers often impose restrictions or limitations on the number of pieces, size and weight of luggage and may reject or impose additional fees on luggage exceeding such limitations or restrictions. All such fees are your sole cost and responsibility. In addition and regardless of location or transportation method, your baggage and personal effects are and shall at all times be at your sole responsibility and risk throughout the entire program. Please check with your international carrier for other baggage restrictions and limitations applicable to international ﬂights.
For U.S. citizens, valid passports are required for travel to foreign destinations and some countries require specific visas prior to entry. Please direct any questions in respect to visa requirements to Gourmandly, which shall use commercially reasonable efforts to provide answers as a courtesy, provided that it shall remain your sole responsibility and obligation to obtain and verify that you have all required travel documents, including visas, for your nationality necessary and appropriate for the program location(s) and return, as well as a sufficient number of blank pages in your passport for visas and immigration stamps. Gourmandly is not responsible, and hereby expressly disclaims all liability, for any expenses or costs you may incur due to your prohibition or restriction from entering a country on the program itinerary or reentering the United States, or your home country, at the conclusion of the program.
Photos and Videos
Gourmandly and its representatives may, from time to time, make photographic or video recording(s) during a program, which may include images of you and/or your Dependent(s), if any. For and in consideration of the benefits you enjoy and receive in connection with the program, you, individually and on behalf your Dependent(s), hereby agree and grant to Gourmandly a limited, non-exclusive, irrevocable, worldwide, perpetual, royalty-free right, license and release, with right to sublicense, to exhibit, publish, display, and promote the photographs, images, visual depictions, and reproductions of you (together “Photos”) recorded in digital or other format during the program for use by Gourmandly for the limited purpose of promoting and marketing the services of Gourmandly in such manner as Gourmandly may elect in its sole discretion. Without limiting the generality of the foregoing, the license granted herein includes the right, without limitation, for Gourmandly to reproduce the Photos in digital or other form, to edit and make derivative works from such materials, and to publicly display, publish and/or distribute such reproductions on Gourmandly’s proprietary website (“Website”) and in such other digital media and print materials as Gourmandly may elect.
Data Rights and Permissions
Any controversy or claim arising out of or relating to any services or products offered or obtained through Gourmandly, including without limitation, any claim related to bodily injury, death or property damage, shall be adjudicated and conclusively settled and resolved by binding arbitration in Seattle, Washington before a single arbitrator reasonably knowledgeable in travel services matters selected by Gourmandly in its sole reasonable discretion in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy.
Limitation of Liability
NONE OF (A) GOURMANDLY, (B) THE SPONSORING ENTITIES FOR WHOM GOURMANDLY DESIGNS PROGRAMS, OR (C) ANY OF THEIR RESPECTIVE EMPLOYEES, MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS OR DIRECTORS (COLLECTIVELY, THE “GOURMANDLY GROUP”) OWN OR OPERATE ANY ENTITY THAT DOES OR WILL PROVIDE GOODS OR SERVICES FOR OR IN CONNECTION WITH YOUR PROGRAM. GOURMANDLY PURCHASES, WITHOUT LIMITATION, TRANSPORTATION, HOTEL AND OTHER LODGING ACCOMMODATIONS, FOOD, GROUND HANDLING AND OTHER SERVICES (TOGETHER “VENDOR SERVICES”) FROM VARIOUS THIRD-PARTY SUPPLIERS (“VENDORS”), ALL OF WHOM ARE INDEPENDENT CONTRACTORS AND OVER WHOM THE GOURMANDLY GROUP HAS NO RIGHT OF CONTROL OR AUTHORITY. THE VENDOR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND BY THE GOURMANDLY GROUP. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE GOURMANDLY GROUP MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE GOURMANDLY GROUP SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY VENDOR OR OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DAMAGE, DEATH, LOSS OR INJURY TO PERSON OR PROPERTY CAUSED, IN WHOLE OR IN PART, BY ANY VENDOR OR OTHER THIRD PARTY, NOR THE STANDARD OF CARE YOU RECEIVE IN CONNECTION WITH THE VENDOR SERVICES. IN NO EVENT SHALL THE GOURMANDLY GROUP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF WAGES, SAVINGS OR CONSORTIUM, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE GOURMANDLY GROUP HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE GOURMANDLY GROUP’S MAXIMUM AGGREGATE LIABILITY, WHETHER ARISING IN TORT, EQUITY, LAW OR CONTRACT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY YOU TO GOURMANDLY IN CONNECTION WITH THE PROGRAM AT ISSUE. The limitations set forth in this Section shall not apply where prohibited by law, but instead shall be interpreted to give effect and enforced to the maximum allowable extent.
Dates, program details and costs, although given in good faith and based on tariffs, exchange rates and other information current at the time of printing, are subject to change at any time. While we do not anticipate material revisions of the itinerary or its included features, we do reserve the right to substitute accommodations or modes of transportation and to make any changes in the itinerary Gourmandly, in its sole discretion, deems necessary and in that case any additional expense or cost will be paid by the individual guest. Your baggage and personal effects are your sole responsibility at all times. There are many inherent risks in travel, which can lead to illness, injury, or even death. These risks are increased by the fact that some of our programs take place in remote locations, far from medical facilities. You acknowledge and agree to assume all such risks associated with participating in any program.
Gourmandly may at any time and without notice modify these terms and conditions, and any modification so made will be effective for all reservations made from and after the posted Effective Date.
In the event any term in these terms and conditions is deemed unenforceable by a court of competent jurisdiction, the unenforceable clause shall be interpreted to give effect to the parties’ intentions to the greatest enforceable extent, and all other provisions hereof shall remain fully enforceable according to their terms.
Acceptance of Contract
ANY PAYMENT TO GOURMANDLY, INCLUDING BUT NOT LIMITED TO DEPOSITS, CONSTITUTES YOUR ACKNOWLEDGEMENT OF AND AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH ABOVE AND IN MORE SPECIFIC TOUR DOCUMENTS.
© 2016 Gourmandly. All rights reserved. GOURMANDLY, GOURMANDLY TRAVEL, and GOURMANDLY GROUP, are service marks of Gourmandly. The service marks and trademarks of any supplier appearing in these materials are owned by each respective company. WST# 603416953 CST# 2123568-40.