Europe Express Group Terms and Conditions

EEFC, Inc. is an independent company licensed to market and distribute travel products under the “Europe Express” brand name and arrange for the vacation services offered herein. Once confirmed, the purchase of any travel services offered by EEFC, Inc. under the “Europe Express” brand name constitutes a contractual agreement between you and EEFC, Inc. (referred to throughout this document as “Europe Express”) and represents your acceptance of these terms and conditions set out herein (the “Terms and Conditions”). Please ensure that you read carefully and understand these Terms and Conditions prior to booking.

RATES:

• All rates quoted are in US Dollars. Rates are inclusive of all applicable taxes at the rates in force at time of confirmation.
• Europe Express reserves the right to amend the quotation without notice according to exchange rate fluctuations, airline surcharges or any increase in vendor rates before receiving the initial $500 planning fee.
• Currency Fluctuations: The currency rate will be set at time of deposit. If the currency fluctuates more than 3%, Europe Express reserves the right at any time (including after the initial deposit) to amend the rates or add a surcharge to the booking. If there are major itinerary changes after the initial deposit, the currency rate will be evaluated and rates may be increased or a surcharge may be added to the booking.
• Airfare taxes and fuel surcharges are subject to change without notice until paid in full and air tickets are issued. All increases or pricing adjustments will be notified to you in writing as soon as Europe Express is aware of the adjustment. You are liable to pay the exact fuel surcharge and tax cost at the time of the final invoice.
• Child Reduction Rates: Infants are considered 0-23 months; children are considered 2-11 years at time of travel. Child discounts may be available on request.
• Included in the Rates: Federal inspection fees for the Federal U.S. Customs and Immigrations; International Air Transportation tax; agricultural tax; other per person taxes imposed by government entities; airport taxes and fees including the September 11th Security fee up to $10 per person, Passenger facility charges up to $18 per person, Federal domestic flight segment fees up to $3.50 per segment.
• Not Included in the Rates: U.S. and International arrival and departure, and other government-imposed fees. Port taxes; passports; visas and vaccinations; tips to your tour director, host, driver, local guides, and/or ships’ crew; gratuities on ferries, trains, and cruise ships; laundry; telephone; minibar; alcohol, beverages, and food outside of the contracted menu as presented at a hotel or restaurant (these extra items will be billed to you before leaving the hotel or restaurant); optional excursions; airport transfers on non-qualifying flights; porterage at airports and train stations; travel insurance premiums; carrier baggage fees; and all other items of a personal nature.

PLANNING FEE / DEPOSITS:

• A $500 non-refundable, non-transferable group planning fee is required to activate each booking. This fee will be applied to your final invoice.
• Airline deposits typically vary between $100-$200 per seat and would be due upon air confirmation. Base airline pricing is subject to change based on availability until air is confirmed; taxes and fuel surcharges are subject to change until the air has been issued. In some cases, a deposit may be required prior to confirmation for travel that is already within penalty. Air deposits are refundable per your group’s contract.
• Additional deposits and pre-payments may be required prior to your group’s final payment (e.g. theater tickets or hotel pre-payments). You will be notified in writing of any required payments and terms as soon as Europe Express is aware of this requirement.

PAYMENT SCHEDULE:

• Activation: $500 planning fee
• 150 days prior to departure: $300 per person non-refundable deposit
• 75 days prior to departure: final payment due
• A more detailed payment schedule, customized to your itinerary, will be provided in your contract. In the event that Europe Express learns of any additional deposits you will be informed in writing with as much advance notification as possible.

PAYMENT TERMS:

• Payments to Europe Express shall be made in US Dollars & shall be received by Europe Express based on the Payment Schedule.
• Payment can be made by passenger / agency check, cashier’s check, money order, wire transfer, or credit card.
• Late payments will incur a minimum $50 fee and may result in the non-refundable cancellation of some or all services booked.
• The sender is responsible for all bank fees incurred in connection with the transfer of funds or payment of checks. A $35 fee will be charged for all checks returned for insufficient payment.
• For bookings made within 130 days, payment restrictions might apply for bookings with airfare under immediate penalty.
• For bookings made within 75 days prior to departure, final payment is required to book space in the form of credit card, wire transfer, or overnighted cashier’s check.
• A purchase is not complete until the payment of any deposit and any other monies due and payable have been processed by Europe Express and a confirmation of booking has been sent. Receipt of payment confirmation from Europe Express constitutes agreement to these Terms & Conditions.

ACCOMMODATIONS:

• Hotels mentioned in proposal are examples only. Accommodation is subject to availability after the $500 planning fee has been received.
• If Europe Express is unable to confirm the hotel(s) listed in our quotation, we will attempt to secure space at a hotel of comparable standard and cost. In the event a comparable hotel is not available, a supplement may apply. Substitutions in proposed accommodations and supplemental costs made after receiving the planning fee will need to be accepted in writing within a specified timeframe in order to constitute acceptance of terms and conditions, and contractual agreement.
• Group block space will be managed based on your current sales. Excess rooms will be released upon receipt of final rooming list at 90 days prior to departure.
• Some hotels require non-refundable and non-transferable deposits in order to guarantee a booking. In such cases, Europe Express will notify the tour organizer in writing and require non-refundable prepayment for that portion of the package.
• During the year many areas have conventions, fairs, events, or holidays. During such periods, if Europe Express is unable to secure space within the quoted price, a supplement may apply.
• Triple and quad rooms are not guaranteed in all properties and should be requested at time of booking. Room configurations vary and king and queen-sized beds are not typically available in standard rooms outside of the USA.
• All rooms are standard run of the house rooms, unless otherwise stated.
• Special requests such as refrigerators, air conditioning, etc. are not guaranteed in all properties. In addition, even if a property has amenities such as air conditioning or a refrigerator, it is not guaranteed that it will be operational during your stay.
• Baggage handling can be coordinated at many (but not all) hotels and will incur an additional fee, unless listed in your final quote inclusions. Due to narrow streets or city regulations, buses are not always able to access the front of the hotel. In this case, passengers may have to walk a short distance with their luggage to the hotel.

GROUP PROCEDURES:

• We strongly recommend travel insurance; please inquire for details.
• All necessary entrance documents (such as passports, visas, etc.) for each destination in the group itinerary are the responsibility of the group leader and/or individual passengers.
• Passports should be valid for 6 months beyond your return date.
• Exit taxes or fees, where applicable, must be paid by each passenger locally and are not part of the package (unless otherwise advised).
• All passenger questions, group arrangements, deviations, and details of the group must go through the travel advisor coordinating the group with Europe Express.
• All changes and requests must be sent in writing.
• Please notify Europe Express in advance should any passengers require special accommodation, such as dietary needs or disabilities.
• Final passenger and rooming list is due 90 days prior to departure.
• Names exactly as they appear on the passengers’ passport must be provided to Europe Express; otherwise, penalties, re-issuing fees or cancellation of airline reservations with full loss of monies paid may apply.
• A group consists of a minimum of 15 paid passengers. If a group falls below 15 paid passengers or a cancellation causes the group to fall below a particular pricing category (e.g. 15-19 pax), pricing and space is subject to change or cancellation.
• Free places do not count towards the particular pricing category (e.g. 15-19 pax).

GROUP AIR:

• Rates and space given in the quote are based on current availability, which can change at any moment until space is contracted with the airline and deposits are received, the price is subject to change.
• Airline Seat Assignments: The ability to book advance seat assignments might be restricted or incur an additional fee. Seating can only be requested during the ticketing process and is never guaranteed.
• Frequent flyer miles may sometimes be accrued on group flights (varies by airline) but can never be used for upgrades or free tickets. Passengers who wish to book using their frequent flyer miles will need to book directly with the airline.
• Each passenger must check airline baggage allowances for all flights being taken. Intra-country flights and carriers may have different requirements than your flight departing from the USA. All excess luggage fees are the responsibility of the passenger.

GROUP SERVICES:

• Services such as theater, rail, certain trains, meals, transfers, day cruises and all other inclusions, with the exception of hotel and air, are booked and purchased upon receipt of final payment. Any pre-payments required will be advised to you in writing.
• The size of your coach (for tours, transfers, and multi-day travel) will be determined by the number of passengers in your group. The maximum capacity of a coach is typically 48 passengers.
• Coaches can accommodate one standard size bag per person. If additional luggage space is needed, please advise us at time of booking. For larger groups, and all groups with an excess of baggage (such as cruise groups), two or more coaches will be used. Supplemental charges may apply.
• Should passengers on the group bring larger or excess luggage, without advance notice to Europe Express, which cannot be accommodated on the coach, they will be responsible for arranging and paying for their excess luggage to be transferred to the destination.
• Coaches are not guaranteed to have air conditioning, Wi-Fi, or toilets on board. If these features are required, please notify us at time of booking. Supplemental charges may apply.

GROUP CHANGES/DEVIATIONS:

• Date changes after confirming the itinerary and the hotels are considered a cancellation and subject to fees and penalties.
• The price quoted is based upon the exact inclusions as specified in your final proposal. Discrepancies between what your group requires and what is specified in our offer should be addressed before confirmation.
• Name change fee is $50 plus any additional airline fees up to and including purchase of new airline tickets.
• Changes or amendments made to the existing itinerary after final payment are subject to a $100 change fee. If there are major changes to the group itinerary and inclusions, the quote may have to be re-priced.
• Any deviations, extensions, or requests different from the group booking are subject to a $100 deviation fee per person, plus any difference in airfare and possible fees from service providers.
• No changes are permitted within 30 days prior to travel.

CANCELLATIONS:

• Europe Express will confirm bookings, changes, and cancellations in writing. Cancellation fees will be charged based on the following schedule, unless otherwise stated in your contract.

ENTIRE GROUP CANCELLATIONS PENALTIES:

• Up to 151 days prior to departure: $500 planning fee
• 150 to 76 days prior to departure: $500 planning fee + $300 per person + any airline related fees
• 75 to 46 days prior to departure: 80% of land package + 100% of air
• 45 days or less prior to departure: 100% of land package + 100% of air

INDIVIDUAL CANCELLATIONS:

• 150 to 76 days prior to departure: $300 per person + any airline related fees
• 75 to 46 days prior to departure: 80% of land package price + 100% of air
• 45 days or less prior to departure: 100% of land package + 100% of air
• If an individual in the group cancels & causes a roommate to be accommodated in a room for sole occupancy, single supplement fees may be charged to remaining traveler.

REFUNDS AND ADJUSTMENTS:

• Claims for refunds and/or adjustments must be made within 45 days of the disputed service ending.
• Full details and documentation must accompany claims.

RESPONSIBILITIES AND LIABILITY:

In common with other companies, Europe Express acts only as a booking advisor for tour members in arranging accommodation, transportation, sightseeing, admissions, and restaurant reservations as appropriate and agreed in each itinerary. Specifically, Europe Express purchases transportation, hotel accommodations, and other services from various independent suppliers that are not subject to its control. These suppliers are independent contractors. As such, Europe Express shall not be liable for any injury, damage, loss, accident, delay, or irregularity which may be occasioned by reason of any organization or person, including but not limited to any independent supplier engaged in conveying the passengers, or otherwise in connection therewith and defects or failures of or in any aircraft, vessel, automotive vehicle, accommodation or other equipment or instrumentality under the control of such independent suppliers, and any hotel owner, manager or employee. Europe Express does not own or operate, nor is it an advisor for any of the independent suppliers which will provide goods and services for the trip or for any option which may be available in connection with the trip (including but not limited to optional sightseeing, car rental, etc.) and Europe Express has not priced the trip or option to allow Europe Express to guarantee against failure of any such independent suppliers. Accordingly, participant(s) agree to seek remedies directly with the supplier, and not to hold Europe Express or sponsoring organization liable, in the absence of its negligence, for any loss, injury, delay or expense which results directly or indirectly from any action or omission, whether negligent, criminal or otherwise, of any entity providing goods and services for the trip or any available option (e.g. without limitation, the quality of services, cleanliness of a hotel, hotel overbooking or any flight delays). Without limitation, Europe Express is not responsible for any negligent acts or omissions of itself or of any persons for whom it would otherwise be responsible, or acts which are beyond its control, including but not limited to acts of God or force majeure, weather emergencies, breakdown, or failure of diving or mechanical equipment, government actions, inclement weather, sickness, attacks by animals, availability of emergency evacuation or medical care or the adequacy of the same, criminal activity of any kind, terrorism, war, civil disturbance, sanitary conditions, quality or sanitation of food, quarantine, customs, regulations, epidemics, strikes, hotel overbooking, safety and/or security standards at hotels, accommodations or otherwise, or for any other reason beyond the control of Europe Express . You understand, agree with, and agree to be legally bound by the terms of the release and waiver of liability set forth herein. Baggage is transported at the participant’s risk throughout the tour.

In consideration of the services and arrangements provided by Europe Express, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify Europe Express, and its owners, officers, directors, advisors and employees from 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 which may arise out of or occur during your travel and any activities conducted in conjunction therewith. YOU SPECIFICALLY UNDERSTAND THAT YOU ARE RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT YOU MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR ADVISORS OF EUROPE EXPRESS.

ARBITRATION:
Any dispute concerning, relating or referring to these Terms and Conditions, your vacation package or any claim for damages due to injury or death which occurs during or in connection with your vacation package shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association in an arbitration conducted in Atlanta, Georgia, U.S.A. Such proceedings will be governed by substantive Washington law. The dispute will be resolved by a single arbitrator who must be a lawyer admitted to practice in the courts of at least one state in the United States and have a minimum of fifteen years of experience in civil litigation. The arbitrator so described will be selected by the American Arbitration Association. Each party to the dispute shall have the right on a single occasion to veto the designation of an arbitrator so selected. There will be judicial review of the arbitrator’s decision if either side can show plain error in the application of law or be able to show an abuse of discretion with respect to factual findings. The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth herein. Arbitration against Europe Express must be commenced within one year following the date of tour completion. Neither Europe Express nor any affiliate shall in any case be liable for other than compensatory damages, and you hereby waive any right to consequential, punitive or exemplary damages.

EXCLUSIVE GOVERNING LAW AND JURISDICTION:
These Terms and Conditions shall be governed by the laws of the State of Washington 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 these Terms and Conditions shall be brought exclusively in the courts of the State of Washington, or, if it has or can acquire jurisdiction, in the United States District Court for the Western District of Washington or the appropriate appellate courts and the parties hereby waive any objection to venue or jurisdiction in connection therewith.

TIME LIMITATION. Participant agrees that no suit, whether brought in rem or in personam, shall be maintained against Europe Express unless commenced within one (1) year from the day of the incident giving rise to such suit, notwithstanding any provision of law of any state or country to the contrary.

SEVERABILITY. The invalidity or unenforceability of any part of this Agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this Agreement, or its application to other situations or circumstances. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

CONSUMER PROTECTION/SELLER OF TRAVEL:
Europe Express is a member of the United States Tour Operators Association and is fully covered by its Consumer Protection Plan. As an active member of the USTOA, Europe Express is required to post $1 Million with the USTOA. This amount is to be used to reimburse, in accordance with the terms and conditions of the USTOA Travelers Assistance Program, the advance payments of Europe Express’s customers in the unlikely event of Europe Express’s bankruptcy, insolvency or cessation of business. Complete details of the USTOA Travelers Assistance Program and a list of affiliates may be obtained by writing to USTOA at 275 Madison Avenue, Suite 2014, New York, New York 10016, or by email to information@ustoa.com or by visiting its website at www.USTOA.com. EEFC, Inc. is a Registered Seller of Travel in Washington State, # 602-650-317; California Seller of Travel # 2053616-80.
Registration as a seller of travel does not constitute approval by the State of California. EEFC, Inc. is not a participant in the California Travel Consumer Restitution Fund.