General Participation Agreement - Grueninger Music Tours

GENERAL PARTICIPATION AGREEMENT
Updated January 2019

I agree to abide by the following terms and conditions. I understand that my participation is expressly conditioned upon the necessary permission from my parents or guardian. I fully understand that my failure to abide by all rules and regulations governing my conduct on this trip may result in my removal from the trip and return home at my parent’s or guardian’s expense without refund of any money paid or benefits which would have been received. I am fully aware of the rules of conduct for my group which govern the trip and I agree to abide by them. I also agree to abide by any other rules which Grueninger Cruises and Tours, Inc., the sponsor or chaperone may make during my participation on said trip. I hereby give my permission to the staff, chaperones or sponsor accompanying me on the trip to open and search the contents of my luggage and/or packages in my possession at any time, should staff, the chaperones or sponsor feel it necessary to do so, and I further agree to submit to a search of my clothing and pockets if deemed necessary.

INDIVIDUAL AGREEMENT OF RELEASE AND RESPONSIBILITY CLAUSE:

Grueninger companies (including Grueninger Music Tours) does not own or operate any person or entity which is to or does provide goods or services for your trip, including, for example, lodging facilities, transportation companies, local ground handlers, food service or entertainment providers, etc. Without limiting the foregoing, Grueninger is not responsible for injury, delay, inconvenience, damage, or death which results from criminal activity, weather or other acts of God, acts of government, disease, epidemics or the threat thereof, illness, the provision of inappropriate or no medical attention or delayed access to appropriate medical attention, the demands of indoor or outdoor activities, strikes, political or civil unrest, overbooking, structural or other defective conditions in hotels or other lodging facilities, acts of terrorism or the threat thereof, attacks from or bites by animals, insects or pests, transportation failures of any kind or the failure of any transportation mechanism to arrive or depart timely or safely.

Grueninger in its sole discretion reserves the right to decline to accept any participant as a member of these trips. Grueninger and its local ground handler reserve the right in its or their sole discretion to terminate any participant who does not abide by its or their rules and regulations, and/or whose conduct is deemed to be such as to endanger the participant, the welfare of other participants, staff members and/or third parties or the success of the program. In the event of such termination, the participant will be sent home at the expense of the participant and his or her parent or guardian. The manner and means of transporting the participant home shall be determined exclusively by Grueninger. The participant is personally liable to Grueninger for any damages caused by improper conduct. In the event of such termination, there will be no refund whatsoever.

The participant agrees to hold Grueninger harmless for himself/herself/their self and his/her/their heirs and any of their minors, guests and invitees and acknowledges the inherent risks involved in the use of the hotel’s, exercise equipment, swimming pool and/or any public beach, which risks include, but are not limited to bodily injury, sickness, disease or death from using the swimming pool or beach. The attendee also acknowledges and understands that use of the exercise equipment, swimming pool or beach by the attendee is potentially dangerous and that the type of injury or damage described above can occur when using the exercise equipment, swimming pool or beach. THE ATTENDEE UNDERSTANDS THERE WILL BE NO LIFEGUARD ON DUTY AND IF THE ATTENDEE CHOOSES TO SWIM, THEY WILL DO SO AT THEIR OWN RISK.

MISCELLANEOUS:

No refunds will be made for features in the trip not utilized. The cost of replacing lost or stolen tickets is the responsibility of the participant. If a flight or transfer by motorcoach or train is missed, whether by weather or other conditions beyond Grueninger’s control, the participant is responsible to make his or her own arrangements and to pay all charges associated therewith. Grueninger may cancel any trip because of insufficient enrollment or for any other reason. The terms set forth in this agreement constitute the entire agreement between participant and Grueninger. Any amendment to this agreement must be made in writing and signed by both parties. Participant’s retention of tickets, reservations, or bookings after issuance shall constitute consent to the above. Participant is responsible for damage done by Participant to the Hotel, or any other facility used during the tour, including buses; vehicles used to transport students and/or adults, the various attractions and/or performance facilities. I understand that full responsibility for damage I cause rests entirely with me.

Both the U.S. State Department and the Centers for Disease Control publish and update important country-specific information for travelers. We strongly recommend that you review them. They can presently be found at: https://travel.state.gov/content/passports/en/alertswarnings.html and https://wwwnc.cdc.gov/travel/notices.

BINDING ARBITRATION:

I agree that any dispute concerning, relating or referring to this Agreement, website, the brochure or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) Indiana law and will take place in Indianapolis, Indiana. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. By agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury.

TRAVELERS NEEDING SPECIAL ASSISTANCE:

Persons needing special assistance and attention must report any disability at the time of registration. Grueninger will make all reasonable efforts to accommodate the special needs of our travel guests. Such participants, however, should be aware that the Americans with Disabilities Act is inapplicable outside of the United States and the facilities outside the United States are limited. We require that persons requiring assistance be accompanied by a companion who is capable of and totally responsible for providing the assistance. Neither Grueninger nor its partners, nor its suppliers, may physically lift or assist clients into transportation vehicles.

CODE OF CONDUCT/STUDENT NOTIFICATION:

I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND, AMONG OTHER THINGS, IT IS A RELEASE IN FAVOR OF GRUENINGER OF ALL CLAIMS AND/OR CAUSES OF ACTION FOR ANY INJURY, DEATH OR DAMAGE TO ME AND/OR MY PROPERTY THAT OCCURS WHILE PARTICIPATING IN OR DURING MY INVOLVEMENT WITH THE TRIP. I FURTHER AGREE THAT THIS RELEASE OBLIGATES ME TO INDEMNIFY GRUENINGER FROM ANY LIABILITY FOR INJURY OR DEATH OF ANY PERSON AND/OR DAMAGE TO PROPERTY CAUSED BY MY NEGLIGENT, INTENTIONAL OR RECKLESS ACTS OR OMISSIONS.

TERMS OF SERVICE

PRICE
Prices are in U.S. dollars and are based on operating costs, fuel prices, taxes, and exchange rates at the time of contracting with suppliers. Should these increase, you may be notified and asked to pay these additional costs. All prices are subject to change without notice. Airfares are subject to change within 90 days prior to departure. At that time, air space may be released, and the price could revert to the available price at the time of booking. Prices listed in this publication are per person based on two people sharing a room (double occupancy). For single, triple, and child pricing refer to our website or contact a Grueninger Music Tours travel counselor. Room occupancy limits vary among hotel properties and/or destinations. Triple rooms are based on three people sharing two beds; rollaway beds are not included in the price. Package prices do not include any fees or service charges other than those listed in the tour itinerary. The detailed itinerary with specific inclusions can be found at gogmt.com. All airfare and departure taxes are included unless this is not allowed by the country to be visited. The package price includes round trip airfare from Indianapolis, all accommodations, airport transfers or touring by motorcoach transportation, sightseeing and admissions, meals, hotel baggage handling (one suitcase per person), and gratuities for included meals as noted in the itinerary. Cruise pricing includes all taxes and fees at the time of print. If there is more than one departure date, the price listed is based on the least expensive option. Complete pricing may be found at gogmt.com or by calling a travel counselor. We reserve the right to re-invoice you in case an error is made in computing your price. We cannot be responsible for typographical errors, misprints, and misquotes.

PACKAGE AND LAND ONLY PRICES
The “Package with Air” price includes round-trip airfare from Indianapolis unless otherwise noted (including current taxes and fuel surcharges, subject to change). If there is an increase you will be notified at least 21 days prior to departure. “Land Only” prices can be found online at gogmt.com and do not include air travel, airline fees, airport or departure taxes, or transfers. We are not responsible for air arrangements you have made on your own. Grueninger Music Tours reserves the right to cancel or re-schedule any tour departure. Grueninger Music Tours’s only liability will be to refund to the passenger the amount it has received for the “Land Only” booking (less any applicable fees). Any air tickets or other travel arrangements purchased outside of the complete Amber Travel “Package with Air” will not be the liability of Grueninger Music Tours in the case of trip cancellation or schedule change.

PRICE EXCLUSIONS
Package prices do not include any items other than those listed in the tour itinerary. Visas, passport fees, incidental charges (snacks, laundry, phone calls, pay TV movies, etc.), beverages, meals not mentioned, and items of a personal nature. Gratuities for your travel director, motorcoach driver, hotel housekeepers, or cruise ship staff are not included. Airline fees such as checked and/or excess baggage or seat selections are not included.

ITINERARIES
Grueninger Music Tours continually strives to improve travel itineraries. If such improvements can be made, we reserve the right to vary itineraries and to substitute hotels. If unforeseen circumstances beyond our control make changes necessary, we will make every effort to substitute hotels and venues of similar standard and location whenever possible.

RESERVATIONS & PAYMENT
A $150 per person deposit (or greater when specified at gogmt.com) is required to confirm your reservations. Upon confirmation of reservation, balance of payment is due 60 days prior to scheduled departure date for domestic travel, 90 days prior for international travel, or earlier if specified. For reservations made within the final payment date, full payment is due immediately; a deposit or full payment may be taken if you are placed on a waitlist. All checks and money orders should be made payable to Grueninger Music Tours. We also accept MasterCard, Visa, and Discover. Reservations may be canceled if full payment is not received by due date.

CANCELLATION & REFUND
Please refer to your groups specific cancellation and refund policy. All refunds will be processed according to the manner in which you paid. Unless stated otherwise in these terms and conditions, please allow thirty (30) days for refunds to be processed. If full payment is not received by the due date, reservation may be released. To avoid or reduce cancellation fees, we recommend the purchase of optional Travel Protection.

TRAVEL PROTECTION/CANCELLATION WAIVER
Optional Travel Protection may be purchased and is strongly recommended. Travel Protection is through Travel Insured and must be purchased with Grueninger Music Tours no later than at the time of final payment. Coverage includes Trip Cancellation/Trip Interruption, Emergency Medical and Emergency Medical Evacuation/Repatriation, Trip Delay, Baggage Delay and much more. This is a brief description of benefits; certain terms, conditions, limitation and exclusions apply. You may request a copy of the Group Deluxe Travel Protection Plan Description of Coverage prior to purchase by contacting a Grueninger Music Tours Travel Counselor. Grueninger Music Tours cannot be held responsible for policies enforced by Travel Insured. The Travel Protection Plan is underwritten by Fairmont Casualty Insurance Company. For trips that Travel Protection is not offered, Cancellation Waiver is offered and applies to trips with charter flights and day trips by motorcoach. This covers any penalties incurred by changes or cancellation up to 24 hours prior to departure of air and/or ground components. It does not cover trip protection fees, non-refundable optional tours, one-way travel, or voluntary changes made to your plans that result in a price increase. The Cancellation Waiver may only be purchased at the time of booking and is valid for new bookings only on selected trips. If the Cancellation Waiver is desired, it must be purchased by each paying passenger on the reservation and each person sharing accommodations.

REVISIONS & CHANGES
Changes are subject to a $50 per person change fee plus any applicable cancellation charges or increases in the package price. Grueninger Music Tours will make every effort to operate the tour as advertised; however, Grueninger Music Tours reserves the right to alter or curtail the itinerary or substitute as deemed necessary.

TRAVEL DOCUMENTS
Final documents will be mailed approximately 10-14 days prior to departure. Documents will not be delivered without full payment on a reservation. Regulations specifically state that all passengers must present a government issued photo identification when boarding (both ways). It is the responsibility of the traveler to provide the correct spelling of their full name as it appears on their government issued I.D. If their name does not match the ticket issued, there will be change fees that are the responsibility of the traveler. Any person who cannot prove that he or she is the person designated on the reservation will not be allowed to board the aircraft. International flights require that you be able to present a valid U.S. passport as required. We recommend that your passport has six months validity and at least 3 blank pages. Non-U.S. citizens should consult the consulate of host country regarding documentation required.

CANADA TRAVEL RESTRICTIONS
Any person may be denied entry to Canada for reasons including, but not limited to, security risks, health issues, financial condition, and involvement in criminal activity (regardless of degree or length of time since such crimes occurred) such as DUI, DWI, reckless driving, negligent driving, misdemeanor drug possession, all felonies, domestic violence, shoplifting, theft, and other crimes. It is recommended that a person who has ever been charged with, or convicted of a crime obtain the necessary approval documents before attempting to enter Canada. To learn more about applying for and receiving these approvals and corresponding documentation, we strongly recommend that you visit the following website or details regarding the requirements and process: www. cic.gc.ca/english/information/inadmissibility/index.asp. This is only a guide. A Canadian immigration officer will decide if you can enter Canada when you arrive at a port of entry.

CHILDREN TRAVELING
Children 17 and under must be accompanied by an adult. Federal Air Regulations require that any child over the age of 24 months must occupy a separate seat. A birth certificate is required to validate age of all infants under age two. Reduced prices for children on ground packages are based on children sharing a room with two adults. Passports are required for all international travel regardless of age. For Aruba and all Mexican destinations: any child 17 years or younger not traveling with both parents is required to carry a Parental Consent Form or permission letter signed by both parents and notarized at time of check-in.

BAGGAGE ALLOWANCE & LIABILITY
Baggage allowance and fees vary and are not covered in the cost of the trip. For specific allowances and fees, see airline and refer to Grueninger Music Tours’s documents, mailed approximately 10 days before the trip. Questions regarding baggage restrictions on commercial carriers should be directed to that particular airline.

AIR CARRIERS
All trips are via commercial air carriers unless otherwise noted. Grueninger Music Tours acts as a sales agent for air carriers and reserves the right to designate any air carrier, including commuters and charter services, connecting routing and schedule from Indianapolis. Tickets issued are highly restrictive and may not be reissued, revalidated, or exchanged for another carrier or routing.

AIR SCHEDULE
Flight schedules are confirmed by Grueninger Music Tours as early as 60 days prior to departure date. A tentative flight schedule may be given; however, these schedules and air carriers are subject to change without notice until approximately two weeks prior to departure. You will receive your air schedule with your final documents approximately two weeks prior to departure.

SEAT AND ROOM ASSIGNMENTS
Seating and room requests made at the time of booking will be considered; however, these are requests, not guarantees. Although your seating preferences are forwarded to the airline, the airline cannot always honor these requests and pricing does not include assigned seats.

TRAVEL DIRECTORS
All departures designated “Escorted” with 20 guests or more will have a Grueninger Music Tours Travel Director throughout the trip.

ACTIVITY LEVEL
The amount of walking varies according to the tour. In general, European destinations require more walking over uneven surfaces. Please call our reservations team who can answer the activity level per trip.

TRAVELERS NEEDING SPECIAL ASSISTANCE
Persons needing special assistance and attention must report any disability to Grueninger Music Tours at the time the reservation is made. Grueninger Music Tours will make all reasonable efforts to accommodate the special needs for our travel guests. Such participants; however, should be aware that the Americans with Disabilities Act is inapplicable outside of the United States and the facilities outside the United States are limited. We require that persons requiring assistance be accompanied by a companion who is capable of and totally responsible for providing the assistance. Neither Grueninger Music Tours nor its partners, nor its suppliers, may physically lift or assist clients into transportation vehicles. If a traveler thinks he or she may need assistance during a trip, please call Grueninger Music Tours to determine what assistance might be reasonably given. Any guest that uses oxygen must work with the airline directly to obtain approval.

PHOTOGRAPHY ON TOUR
Grueninger Music Tours may, at times, use photographs taken by your Travel Director or fellow travelers for promotional purposes. If you prefer that your likeness not be used, please tell your Travel Director or a Grueninger Music Tours representative.

SUPPLIERS’ LIABILITIES
Grueninger Music Tours makes arrangements with air carriers, hotels, car rental companies, and other independent parties to provide you with travel services you purchase. These services are subject to the conditions imposed by these suppliers, and their liability may be limited by their tariffs, conditions of carriage, and international agreements.

RESPONSIBILITY CLAUSE
Neither Grueninger, its affiliated entities and its and their employees, shareholders, officers, directors, successors, agents, and assigns (collectively Grueninger), own or operate any person or entity which is to or does provide goods or services for these trips. You agree to be bound by the conditions of carriage for all transportation providers. Grueninger does not maintain control or operate the personal, equipment, or operations of these suppliers it uses and as such Grueninger assumes no responsibility for and cannot be held liable for any personal injury, death, property damage or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of (1) any wrongful, negligent, willful or unauthorized acts or omissions on the part of any of the suppliers or other employees or agents, (2) any defect in or failure of any vehicle, equipment, or instrument owned, operated or otherwise used by any of these suppliers, or (3) any wrongful, willful or negligent act or omission on the part of any other party. Without limiting the foregoing, Grueninger accepts no responsibility for any risk or resulting injury, criminal activity, weather or other acts of God, accidents, disease, epidemics or the threat thereof, illness, the provision of inappropriate or no medical attention or access to appropriate medical attention, the demands of indoor or outdoor activities, strikes, political or civil unrest, overbooking, structural or other defective conditions in hotels or other lodging facilities, acts of terrorism or the threat thereof, insurrection or revolt, or any other event beyond its direct control.

Grueninger in its sole discretion reserves the right to decline to accept any participant as a member of these trips. Grueninger reserves the right in its sole discretion to terminate any participant who does not abide by its rules and regulations, and/or whose conduct is deemed to be such as to endanger the participant, the success of the program, or the welfare of other participants, staff members and/or third parties. In the event of such termination, the participant will be sent home at the expense of the participant and his or her parent or guardian. The manner and means of transporting the participant home shall be determined exclusively by Grueninger. In the event of such termination, there will be no refund whatsoever. The participant is personally liable to Grueninger for any damages caused by improper conduct. Grueninger may cancel any trip because of insufficient enrollment or for any other reason. The terms set forth in this agreement constitute the entire agreement between participant and Grueninger. Any amendment to this agreement must be made in writing and signed by both parties.

No refunds will be made for features in the trip not utilized. The cost of replacing lost or stolen tickets is the responsibility of the passenger. If a flight or transfer by motorcoach or train is missed, whether by weather or other conditions beyond Grueninger’s control, participant is responsible to make his or her own arrangements and to pay all charges associated therewith. Participant’s retention of tickets, reservations, or bookings after issuance shall constitute consent to the above. Grueninger issues airline tickets, hotel confirmations, and other travel documents for such services as an agent for the companies that provided these services directly. Airline tickets and hotel accommodations are subject to all terms and conditions of the respective suppliers (airlines, hotel chains, etc.) regarding travel. These suppliers may limit or exclude the accrual of frequent flyer or reward program points.

Participants agree to hold Grueninger harmless for himself/herself/their self and his/her/their heirs and any of their minors, guests, and invitees and acknowledges the inherent risks involved in the use of the hotel’s swimming pool and/or body of water, which risks include, but are not limited to bodily injury, sickness, disease or death from using the swimming pool or body of water. Participants also acknowledge and understand that use of the swimming pool or body of water by the participants is potentially dangerous and that the type of injury or damage described above can occur when using the swimming pool or body of water. PARTICIPANTS UNDERSTAND THERE WILL BE NO LIFEGUARD ON DUTY AND IF THE PARTICIPANTS CHOOSE TO SWIM, THEY WILL DO SO AT THEIR OWN RISK.

Participants hereby releases Grueninger, its staff and management, from any liability and/or responsibility for possible damage done by the participant to the Hotel, or any other facility used during the tour, including: buses; vehicles, the various attraction facilities and/or performance facilities. I understand that full responsibility for damage, if such is incurred, rests entirely with the participant to settle any claims, resulting from said damage, directly with the claimant. ARBITRATION: Any dispute concerning any literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) Indiana law and will take place in Indianapolis, Indiana. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. By agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury.

Grueninger Music Tours, a division of Grueninger Travel Group
9011 North Meridian Street, Suite 100
Indianapolis, IN 46260
317.581.1122 | 800.225.9919 | gogmt.com