OPERATOR-PARTICIPANT CONTRACT AND TERMS AND CONDITIONS
Please read the following information carefully. After reading the Operator-Participant Contract and Terms and Conditions herein (the “Agreement”), in order for your reservation to be completed, you must indicate your acceptance of the terms of the Agreement by signing and submitting the Reservation Form, along with the deposit to PROROME, LLC.
ProRome, LLC undertakes to render to each person (hereinafter referred to as “participant”) wishing to participate on ProRome, LLC’s tour to Europe (hereinafter referred to as “Tour”) the complete package of services understood to constitute the Tour, as mutually accepted and agreed between ProRome, LLC, and participant. Further, participant undertakes to render to ProRome, LLC the complete payment for tour as mutually accepted and agreed between ProRome, LLC, and participant.
In order to book a tour a deposit must be made. The remaining balance is to be divided into two equal payments. The amounts will be outlined in the payment schedule.
CANCELLATION POLICY – PARTICIPANT CANCELS
In the event that the participant cancels 100 days or more prior to the tour departure date, the tour is 100% refundable less a $200.00 administrative fee.
In the event of cancellation anytime within 100 to 75 days prior to the tour departure date, the tour is 75% refundable.
In the event of cancellation anytime within 75 to 50 days prior to the tour departure date, the tour is 50% refundable.
In the event of cancellation within 50 days of the tour departure date, the tour is 100% non-refundable.
*NB – If the participant wishes to cancel and finds someone to replace him or her, ProRome will issue a full refund, less a $200.00 administrative fee and a $150.00 name-change fee.
WHAT ABOUT COVID-19?
“What if the trip cancels after the no-refund date?” This is a very important question. There are a few scenarios to consider.
In the first scenario ProRome the trip is forced to cancel the trip after the no-refund date due to complications resulting from the current pandemic or a similar situation. Understandably this is outside of everyone’s control. ProRome will do everything possible to secure full refunds for the group. If full refunds are not possible, ProRome will re-schedule the trip to a future date.
In the second scenario the client is forced to cancel his or her participation on the trip after the no-refund date due to personal complications resulting from the current pandemic or a similar situation. In this scenario travel insurance would be the only way to secure a full refund. Please review your travel insurance policy in-depth to make sure your reason is covered. For more information click here.
SINGLE/SHARED ACCOMMODATIONS AND SUITE UPGRADES
A limited number of single rooms are available at extra cost on a first-come, first-served basis. ProRome, LLC will make reasonable efforts to assist persons requesting a roommate. If a roommate is not confirmed, the single rate will be charged. Suite rooms are available in some destinations; more information about them, including their additional costs, will be sent to you on request.
ProRome, LLC strongly recommends the purchase of trip cancellation insurance, which is available for coverage of expenses in conjunction with cancellation due to illness or accident. Baggage insurance is also recommended. In the event that you must cancel your participation in a travel program, trip cancellation insurance is likely the only source of reimbursement.
BASIS OF RATES
Prices are based on current rates of exchange, tariffs and taxes. ProRome, LLC reserves the right to increase tour prices to cover increased costs, tariffs and taxes, and to reflect fluctuations in foreign exchange markets. ProRome, LLC also reserves the right to withdraw a tour or any part of it to make such alterations in the itinerary or with the tour inclusions as it deems necessary or desirable and to pass on to tour members any expenditures or losses caused by delays or events beyond its control. Itineraries and arranged sightseeing are subject to change at any time due to unforeseen circumstances or circumstances beyond ProRome, LLC’s control. Every effort will be made to operate tours as planned, but alterations may occur after the final itinerary has been issued. While ProRome, LLC will make reasonable efforts to maintain the listed prices, if it is necessary to levy a surcharge, ProRome, LLC reserves the right to do so and will notify you at the time of final invoicing. ProRome, LLC reserves the right to cancel the Tour because of inadequate enrollment that makes the Tour economically infeasible to operate. In such a case, a full refund of the Tour cost will be made.
ProRome, LLC will not accept any responsibility for mistakes or errors in airfare bookings made by independent third parties. The traveler’s confirmed reservation itinerary will have detailed tour information, and it is up to the traveler to ensure the correct arrival and departure flight information from the tour start and end cities. The independent agent will arrange the best-priced airfare available in the class category you request at the time of your booking. Please note that certain airfares are subject to a service fee. Should you cancel or change your air reservation before or after your departure, cancellation penalties apply. Airlines concerned are not to be held responsible for any act, omission or event during the time passengers are not on board their planes or conveyances. These programs may use the services of any IATA carrier. International air carriers are subject to international air conventions limiting their liability. The limitations of liability are contained on the reverse side of the airline ticket and form part of the terms and conditions of this package. The passage contract in use by these companies, when issued, shall constitute the sole contract between the companies and the purchaser of these travel programs and/or passage.
This is an active program, which requires you to make a realistic assessment of your health. All Participants are expected to be in active good health, to enjoy traveling as part of a group, and to be ready to experience cultural differences with grace. Walking and climbing stairs are required in many hotels and airports, to board the aircraft, and as part of many excursions. Prior to traveling, we highly recommend visiting your personal physician for a check-up, so that you may
discuss your ability to participate in this type of journey. For the latest recommendations on specific health precautions for the areas you will visit, consult your physician and the Centers for Disease Control. Any physical condition requiring special attention, diet, or treatment should be reported in writing when the reservation is made. We will make reasonable efforts to accommodate Participants with special needs; however, we cannot accommodate wheelchairs. If you require a slower pace, extra assistance, or the use of a cane or walking stick, arrangements will be made for private touring at each destination, if necessary, at the discretion of our Tour staff. Any extra cost for such arrangements will be the responsibility of the Participant. If you would like to forgo some of the scheduled sightseeing to rejuvenate and relax, please feel free to do so at any time.
PHOTOGRAPHY AND VIDEO
We reserve the right to take photographs or videos (the “Photography”) during the Tour and to use the Photography for promotional purposes. Participants who prefer their images not be used must notify us in writing before the commencement of the Tour.
RELEASE OF LIABILITY
The passenger tickets in use by the carriers shall constitute the sole contract between the carriers and the passenger; the carriers are not responsible for any act, omission, or event during the time expedition Participants are not aboard their conveyance. Neither ProRome, LLC, nor any of its respective owners, directors, employees, contractors, officers or agents (collectively, the “Released Parties”) shall be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider, (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, pandemics, theft, or any other cause(s) beyond their control, and (C) any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise that may arise out of or occur during your travel in connection with the Tour. The Participant waives any claim against any of the Released Parties for any such loss, damage, injury, or death, including any right to seek consequential, punitive or exemplary damages against any of the Released Parties for any reason whatsoever. None of the Released Parties shall be liable for any air carrier’s cancellation penalty incurred by the purchase of a nonrefundable ticket.
ACKNOWLEDGEMENT OF RISK
You understand and acknowledge that your travel in connection with and participation in the Tour or any activities which may take place during the Tour, may involve risk andpotential exposure to injury or fatal injury and that risk and dangers may arise or be caused by the negligence or participation of other Participants, contractors, and/or subcontractors for the Tour or from other foreseeable and unforeseeable causes including weather and other acts of nature.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY
In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of participating in the Tour and that you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by you or caused by you. By registering for the Tour, you certify that you do not have any mental, physical or other condition or disability that would create a hazard for yourself or other Participants. ProRome, LLC reserves the right in its sole discretion to accept, decline to accept or remove any Participant on the Tour and reserves the right, subject to the terms and conditions contained herein, to withdraw any part or all of the Tour and to make such changes as may be necessary.
Any controversy or claim arising out of or relating in any way to these Terms and Conditions, to the Limits on Responsibility Clause, or any information relating in any way to the trip, or to the trip itself, shall be settled solely and exclusively by binding arbitration in Virginia, USA, in accordance with the rules of the Arbitration Association then existent.
EXCLUSIVE GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of Virginia, without regard to conflicts of laws principles. If the right to seek arbitration is for
any reason waived by both parties, or if judicial review of any arbitration is sought, any action or legal proceeding arising out of this Agreement shall be brought exclusively in the courts of the State of Virginia, or, if it has or can acquire jurisdiction, in the United States District Court for the Western District of Virginia or the appropriate appellate courts, and the parties hereby waive any objection to venue or jurisdiction in connection therewith. In connection with any action or legal proceeding arising out of this Agreement, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.
LIMITS ON RESPONSIBILITY
ProRome, LLC does not own or operate any entity which is to or does provide goods or services for your trip. It purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers. All such persons and entities are independent contractors. As a result, ProRome, LLC is not liable for any negligent or willful act of any such person or entity or of any third person. ProRome, LLC acts solely as agents for the Participant with respect to all transportation, hotel and other Tour arrangements. In that capacity, ProRome, LLC exercises all reasonable care possible to ensure the traveler’s safety and satisfaction, but, ProRome, LLC neither assumes nor bears any responsibility or liability for any injury, death, damage, loss, accident, delay, or irregularity arising in connection with the services of any airplane, train, ship, automobile, motor coach, carriage, or other conveyance, or the actions of any third-party involved in carrying the traveler or in affecting the Tour. ProRome, LLC is not responsible for damages, additional expenses, or any other losses due to cancellation, delay or other changes in air or other services, sickness, weather, strike, war, civil disturbances, epidemics, pandemics, acts or threats of terrorism, travel warnings or bans, termination or suspension of war risks or other carrier insurance, quarantine, acts of God or other causes beyond its control. All such losses must be borne by the traveler, and Tour rates provide for arrangements only for the time stated. In the event of cancellation, delay or rescheduling mandated by any of the aforesaid causes beyond ProRome, LLC’s control, the passenger shall have the option to receive a refund of as much of such advance Tour expenditures as ProRome, LLC can recover on the traveler’s behalf from carriers, third-party Tour vendors, etc., but, ProRome, LLC shall not have any obligation or liability to the traveler beyond the foregoing. ProRome, LLC reserves the right to make alterations to the Tour’s itinerary and to substitute hotels, vehicles, ships, or activities if this is required. ProRome, LLC reserves the right to cancel, delay, or reschedule any Tour prior to departure, and, so long as this is not due to any of the aforesaid causes beyond our control, the passenger shall be entitled to a full refund of all monies paid to that point if he/she so desires, less any non-refundable deposits or uncollectible expenses incurred. ProRome, LLC is not responsible for delays, changes or cancellation costs due to incorrect, incomplete or expired traveler documents. In addition and without limitation, ProRome, LLC is not responsible for any injury, loss, death, inconvenience, delay or Damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of
services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.