TERMS AND CONDITIONS
XTREME XPERIENCE PRODUCTIONS, INC. DBA GRADWEEKEND
TERMS AND CONDITIONS
Participating in GradWeekend 2011 (hereinafter referred to as GW`11) through Xtreme Xperience Productions, Inc. dba Grad Weekend (hereinafter referred to as GW) located at 1400 E. Oakland Park Blvd. Suite 209, Fort Lauderdale, FL 33334, Tel. # 877-OFF-WE-GO, is governed by the following terms and conditions below. If under Eighteen (18) years of age, the parent(s)/guardian(s) of the trip participant are hereby agreeing and consenting to these terms and conditions.
The trip participant (hereinafter referred to as a traveler, passenger, or trip participant) is agreeing that they have read, accept, and agree with the terms and conditions below and all information contained in the trip brochure, registration form, and all information pertaining to this trip at www.GradWeekend.com. Please make a copy of your completed and signed registration form and these terms and conditions for your records. GW is not responsible for forged adult signatures on our trip applications or consent forms.
IS GRAD WEEKEND REGISTERED TO SELL TRAVEL?
GW is registered with the State of Florida as a Seller of Travel Registration Number ST35430. GW is a licensed, bonded and insured travel agency in the state of Florida that specializes in student tour packages since 2002.
WHAT IS INCLUDED IN THE PRICE OF GW`11?
Each package is different. Please refer to your groupís invoice for the exact price of your groupís package.
PAYMENT DEADLINES AND INFO:
Checks or Money Orders must be made payable to Grad Weekend. Grad Weekend accepts Visa, MasterCard, Discover, and AMEX credit cards via online payment @ www.Gradweekend.com . Only mail payments to: Grad Weekend, 1400 E. Oakland Park Blvd. Suite 209, Fort Lauderdale, FL 33334 . Your school/group must adhere to deadlines set by GW to ensure your groups trip package.
It is the responsibility of the group leader to fill out the master rooming list 7 days prior to the trip.
CANCELLATION AND REFUND POLICY:
If you cancel your trip reservation, your right to refund is limited as explained below. Due to the fact that GW must make financial commitments with deposits and final balance payments for hotel room reservations, charter bus reservations, theme park ticket reservations, and company operations overhead before the trip, all deposits and final payments are non-refundable and non-transferable. Cancellations must be made in writing sent Certified Mail received no later than 30 days prior to your trip. Mail all requests for cancellation via Certified Mail to: Trip Cancellations, Grad Weekend, 1400 E. Oakland Park Blvd. Suite 209, Fort Lauderdale, FL 33334. All cancellations must be in writing and no refunds will be issued from verbal cancellations with GW phone representatives.
All payments made within the 30 days prior to your trip are non-refundable and no refunds will be issued for any reason. If you can no longer go on your trip, you can find someone to take your place for a $15 name change fee. Name changes are not allowed within 7 days prior to your trip date. Name changes must be made in writing by the traveler that is canceling their trip.
All personal information provided to GW will remain private and confidential and not resold to anyone without your express written permission. GW uses your contact information to notify you about important trip updates, departure information, and GWís other great trips including: Grad Trip Bahamas and Cancun, Spring Bling, spring break and ski trips. If you wish to not be contacted for future mailers, calls, text blasts, or mass emails, please notify Grad Weekend via email at firstname.lastname@example.org.
RULES, REGULATIONS, AND TRAVELER RESPONSIBILITY:
GW and its suppliers reserve the right to enforce reasonable rules and standards of conduct to facilitate the trip for all trip participantsí safety and enjoyment. By agreeing to these terms and conditions, you understand and acknowledge that failure to comply with such rules and standards may result in the student or group being removed from the entire GW`11 trip, including but not limited to the charter bus property, hotel property, theme parks, and/or any GW party or event at the trip participantís sole expense, without subsequent refund. If evicted from the hotel, neither GW nor the hotel will be responsible for providing other hotel accommodations or refunds. Each group and trip participant is responsible for his/her own actions throughout the entire trip with GW. The participant is solely responsible for any and all consequences due to illegal actions taken during this trip. This may also result in the removal from the entire GW`11 trip. In the event of such removal, trip participants shall no longer be considered a part of GW`11 or the GW group. By agreeing and acknowledging these terms and conditions, trip participantís and their parent(s)/guardian(s), if applicable, do hereby release GW from any and all liability or additional costs arising out of, or in connection with, your removal from the trip.
RELEASE OF LIABILITY:
By signing this registration form, you understand and agree that GW, their employees, affiliates, directors, management, student organizers, staff members, and assigns will not assume responsibility for any claims, losses, damages, costs or expenses arising out of injury, accident or death, inconvenience, loss of enjoyment, disappointments, distress or frustration, whether physical or mental, resulting from weather, acts of nature, acts of terrorism, acts of God, delays, cancellation of travel from weather conditions including hurricanes, hotel services, or other factors beyond the control of GW. As lawful consideration for this agreement you agree and covenant that neither you, your family, legal guardian, legal representatives, assigns, heirs, personal representatives, agents, and/or next of kin will not make any claim against GW, its owners, employees acting as staff or sue for bodily injury, emotional trauma, death, or property damage caused in any way as a result of your participation in the trip. You further hereby waive, release and/or discharge all rights you may have in this regard. GW is acting as a travel intermediary between you and suppliers which includes booking and reserving bus, hotel, theme park tickets, and GW`11 event accommodations. GW is therefore not responsible for any breach of contracts with suppliers or any acts of negligence by suppliers which would result in any inconvenience, loss, damage, injury, or delay to you during GW`11. GW will not assume liability for any acts of negligence on behalf of their employees, affiliates, directors, management, student organizers, staff members, suppliers, ground operators, and assigns, arising from or out of any GW trip, function, or event. In addition, GW does not own or operate any person or entity that provides goods or services for your trip including hotel accommodations, charter buses, theme parks, food services, or any other services and therefore, can not be held liable for any acts of negligence by these service providers and suppliers. Without limitation, GW is not responsible or liable for any loss, injury, theft, pilferage, or damage to your luggage, personal effects, or hotel rooms. GW travelers must seek any refunds or compensation directly from the suppliers of the services and not from GW. These services include, but shall not be limited to: buses, charter bus operators, hotels, theme parks, clubs, or any other service providers or suppliers. GW does not provide, promote, endorse or condone the use of alcohol or drugs. GW is not responsible or liable in any way for the use of alcohol or drugs by anyone on a GW trip, function, or event, nor is GW in any way responsible for their actions.
PROPERTY DAMAGE DISCLAIMER:
Any damage caused by an GW traveler to any entity of our trips, including but not limited to: Charter Bus property, hotel rooms and hotel property, theme park properties, or any properties visited during GW`11 will be the sole financial and legal responsibility of that traveler and his/her parents/legal guardians. This includes but is not limited to any fines, fees, legal actions or penalties, or any costs associated with the damages done by a GW traveler. GW will promptly remove any traveler(s) off GW`11 who decide to participate in the damage of any property.
DIGITAL PICTURES AND FILM:
GW retainís the right to photograph and film trip participants during GW`11, which we may use for future brochures, advertisements, or place online for promotional use. If you wish to not be on trip flyers, our websites, or other advertisements, please email Grad Weekend at email@example.com.
ARBITRATION OF DISPUTES: Should any dispute/controversy whatsoever arise concerning any aspect/element of the trip the parties agree that it shall be resolved by mandatory binding arbitration before the American Arbitration Association. The arbitration shall take place before a single arbitrator regardless of the participant's residence or where the facts giving rise to the controversy actually arise. Jurisdiction shall be fixed in Broward County, Florida, where the arbitration shall take place and shall be governed by the laws of Florida and applicable AAA Commercial Arbitration Rules, which are hereby realleged/restated/incorporated by reference as though set forth more fully herein; and, judgment upon the arbitration award shall be full and final and capable of confirmation by any court having jurisdiction over either the parties or the controversy.
Should legal action/arbitration be required to enforce any provision of the terms, the prevailing party to the action shall be entitled to an award of his/her/its reasonable attorney's fees/legal costs of suit.
INTERPRETATION OF TERMS:
The terms as a whole shall all be construed as broadly and inclusively as permitted by law. Should any portion be ruled invalid/unenforceable, the ruling shall not otherwise affect or limit the enforceability of the remainder. Paragraph headings shall be for reference purposes only and shall not be construed to be part of the terms themselves, nor will they limit or define the meaning of any text stated thereafter. GWís voluntary waiver of any of the provisions herein shall not constitute a waiver of any other provision.