A non-refundable first and second deposit is required for each inclusive Tour Participant (PARTICIPANT). Specialty tours and special offers may require additional and/or higher deposits. In the event that cancellation of a Tour is compelled by an ARC or IATA approved carrier, a cruise ship company and/or YOUR MAN TOURS, INC., 100 N. Sepulveda Blvd. Suite 1700, El Segundo, California 90245, a full refund will be made to all PARTICIPANTS only if the cancellation does not result in a loss of monies to YOUR MAN TOURS, INC. This refund will under no circumstances exceed the monies paid to YOUR MAN TOURS, INC. Cancellation: After receipt of final payment there will be no refund. Travel Protection Plan available. Tour prices are based on double occupancy. If a PARTICIPANT cancels within 90 days prior to departure, resulting in a single supplement charge, the PARTICIPANT who cancels will be responsible for that charge. All cancellations must be received in writing by the home office. No refund will be made for any service included in the Tour Price that is not utilized by PARTICIPANT and in the event PARTICIPANT does not utilize any part of the scheduled itinerary for any reason whatsoever, such PARTICIPANT shall be responsible at own additional cost for all and any substitute arrangements. All tour reservations, special requests, and/or requests for special assistance must be received at least two weeks prior to departure.
PARTICIPANT agrees to release YOUR MAN TOURS, INC. from all and any claims for lost or damaged baggage, or property, or for personal injuries, death, or loss from delay sustained due to Hotel, Airlines, Bus Companies, Independent Tour Operators and/or Act of God. YOUR MAN TOURS, INC. reserves the right to substitute the Hotels for others in similar categories, or to alter the itinerary provided it remains similar in effect or to substitute aircraft if compelled by circumstances beyond the control of YOUR MAN TOURS, INC. Tour prices are based on rates and tariffs in effect at the time of printing and YOUR MAN TOURS, INC. reserves the right to adjust Tour Prices in the event of change therein. Exclusive governing law and exclusive jurisdiction: This agreement and any actions and proceedings brought hereunder shall be governed by the laws of the State of Delaware without regard to conflicts of laws principles. If the right to seek arbitrations is for any reason waived by both parties, or if judicial review of any arbitration decision is sought, any action or legal proceeding to enforce any provision hereof, or based on any right arising out of, this agreement shall be brought exclusively in the courts of the state of Delaware, or, if it has or can acquire jurisdiction, in the United States District court for the District of Delaware, and all of the parties hereto hereby consent to the exclusive jurisdiction of such courts and of the appropriate appellate courts in any such action or legal proceeding and waive any objection to venue or jurisdiction in connection therewith.
Any controversy or claim arising out of or relating to this agreement, whether brought in rem or in personam, including without limitation any claim related to bodily injury, property damage or death, shall be settled by binding arbitration in the Atlanta, GA, USA 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. This agreement to arbitrate does not waive or modify the liability release contained in this document. Such proceedings will be governed by substantive Delaware 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. 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 in this provision. No person has the right or authority to alter or modify any of the terms or conditions contained in the Tour Brochure and Contract which is the entire Agreement, and can be modified, amended, or altered only by an Agreement in writing duly executed by YOUR MAN TOURS, INC. with the Corporate Seal affixed thereto. Erroneous Pricing Notice: YMT reserves the right not to honor any published rates that it determines were erroneous due to printing, electronic, or clerical error. Rev. 5/13/09