Terms & Conditions
This document creates a contractual relationship between “EEFC, Inc. (dba "YMT Vacations" or "YMT") and you, the customer ("Participant/Guest") in the vacation package provided by YMT. Your participation on the trip booked with YMT is subject to your acceptance of this Agreement. If you do not agree to the terms and conditions you will not be able to participate on the trip.
By purchasing services, you acknowledge that you are the age of 18 or over (or are the parent or guardian of an individual under the age of 18 who is acting on behalf of such individual), you have received, agreed to and read this Agreement and your signature constitutes acceptance of this Agreement.
COST OF THE TRIP INCLUDES
Hotels or Cruise Cabins - prices are per person and based on two persons sharing a double room or cabin (one or two beds) with a private bath or shower. Single rooms or cabins must be reserved in advance at a supplementary cost. Specific bed types may be requested but cannot be guaranteed.
Transportation - travel by motorcoach, van, train, or ship as outlined in the itinerary. Group or individual airport transfers from airport to hotel (arrival) and hotel to airport (departure) are included for those guests who book their airfare with YMT. Airport transfers are only available for travelers arriving and departing from the same airport and on the same arrival/departure dates as the main trip. Your arrival transfer is guaranteed for up to one hour from your scheduled arrival time in order to compensate for minor delays. YMT Vacations will not be responsible for flight delays, for any reason, beyond one hour from your originally scheduled arrival time. In case of a delay, whether due to flight delay, immigration and customs, or time spent reporting baggage damage or loss, it will be your responsibility to make other transfer arrangements such as a taxi. Transfer costs are not refundable and any additional expenses will be your responsibility. We highly recommend purchasing travel insurance to help cover any unexpected delays or additional charges.
Sightseeing - with English speaking tour director or driver guide, including entrance fees for places as shown in the itinerary. Air-conditioned vehicles with restroom facilities are utilized where available.
Airfare - air transportation is included in the program price only when outlined in the specific program itinerary or purchased additionally at the time of booking against an air supplement.
Porterage - hotel luggage handling for one (1) suitcase per person is included in the tour price. Maximum dimensions for suitcases are 60 linear inches and weight may not exceed 50 lbs. Certain itineraries and destinations may impose stricter limits. Porterage at train stations is not included unless specified.
Tour director - YMT itineraries include the services of a professional and trained tour director or driver/guide as outlined in the specific itinerary. Certain sightseeing or local programs may also be supported with local representatives instead of a tour director.
Meals - If your vacation includes a cruise, meals are included on the cruise portion of your vacation; the land tour portion of your vacation does not include meals (unless otherwise specified in the itinerary). Land tours typically do not include meals, unless otherwise specified in the itinerary.
COST OF THE TRIP DOES NOT INCLUDE
Air, cruise, port or other related taxes and fees, passport and visa fees, airline fees for checked luggage or excess baggage, airport transfers unless specified in the itinerary, insurances, tips to tour directors, motorcoach operators, local representatives and city guides, cruise staff, gratuities at hotels, on ships, ferries, trains, porterage at train stations, laundry, phone expenses, minibar, beverages, meals not detailed in the itinerary, optional excursions and all items of personal nature.
RESERVATIONS AND PAYMENTS
Tour prices are based on double occupancy. Tour prices are based on rates and tariffs in effect at the time of printing and YMT reserves the right to adjust prices in the event of a change therein.
Early reservations and non-refundable deposits are essential to securing space. Deposit schedules are for program costs only and follow these terms:
• A non-refundable deposit (first deposit) of $250 per person is due at the time of reservation
• A second non-refundable deposit (second deposit) of $250 per person is required 180 days prior to departure
• Payment of the balance (final payment) is due at YMT Vacations 100 days prior to departure (unless noted otherwise on your invoice because of Supplier and/or Cruiseline notification requirements).
If you make your reservation after the final balance is due, full payment will be collected at the time of booking and your payment is subject to the non-refundable deposit requirements. Programs with special events may require additional deposits.
Failure to submit final payment by the above noted deadlines may result in automatic cancellation of space and forfeiture of non-refundable deposits. If payment is not received in time, YMT Vacations will not be responsible for lost reservations and/or additional cost to reinstate bookings with airlines, cruise companies and other suppliers.
Payments can be made by credit card (Visa, MasterCard & Discover), check, money order or cashier's check. All payments must be made in USD ($). Payment is not considered made until it is received by YMT.
Hotels and cruise companies base their service prices on double occupancy, meaning two people sharing the space and the costs of accommodation. Guests in need of a single room will as such incur a supplement when private accommodations are needed. Where each guest pays one half of the cost of a room and/or cabin, the single room supplement charge (SRS) needs to reflect the entire cost of a private room and/or cabin. This single supplement only covers the cost differential and does not translate into a room category upgrade. For European hotels single bed rooms will often have smaller beds and also smaller room sizes.
Children under the age of 7 are not eligible as guests on YMT's programs. For all tours, children and young adults under the age of 21 must be accompanied by and share their room with an adult at least 21 years of age. A guest's age is established upon the first date of service in his or her reservation.
CODE OF CONDUCT
For our tours we aim to foster an environment of respect that allows all our guests to enjoy their group vacation. Guests, who are disruptive, endanger the group or the travel experience, or break local laws may be removed from the program with no refund due and at their own expense. YMT does not allow the consumption or any use of alcohol or illegal drugs on the motorcoaches provided for the Tour. YMT Vacations reserves the right to accept or reject any program guest.
CHANGES AND CANCELLATIONS
To avoid miscommunication, change or cancellation requests must either be submitted in writing to YMT Vacations’ Guest Services Department at the following address - YMT Vacations, Guest Services Department, 3830 Monte Villa Parkway, Suite 210, Bothell, WA 98021 or emailed to [email protected]
Name changes - No name changes can be made. In order to change participants, your original reservation must be cancelled and a new reservation made reflecting the correct configuration of guests. Any non-refundable deposits paid on the original account will not apply to the new booking; the new reservation made will be subject to normal non-refundable deposit requirements.
Date changes - Guests may change tour departure dates (subject to availability) six (6) months or more prior to the original date of departure without penalty. Between six (6) months and one hundred (100) days prior to your departure, tour departure dates can be changed and a fee of $100.00 per person will apply. Guests will also be responsible for any and all change fees with airlines, cruise companies and other providers in result of incorrectly advised names, visa, and passport information. Date changes to any tour within 100 days of travel will result in full cancellation fees.
Cancellation fees - After receipt of final payment there will be no refund. If a Guest cancels within one hundred (100) days prior to departure, resulting in a single supplement charge, the Guest who cancels will be responsible for that charge.
No refund will be made for any service included in the Tour Price that is not utilized by the Guest and in the event that the Guest does not utilize any part of the scheduled itinerary for any reason whatsoever, such Guest shall be responsible at own additional cost for all and any substitute arrangements.
If you have a special request for a facility or service e.g. adjoining rooms or low floor, we shall pass these on to the relevant supplier but we cannot guarantee that it will be met and we shall have no liability to you if it is not. We cannot accept any booking which is conditional upon special requests being met.
Guests are required to verify that the information shown on their account is accurate. Guests will be responsible for any and all change fees with airlines, cruise companies and other providers in result of incorrectly advised names, visa, and passport information.
Names submitted - Flight tickets and cruise cabins are reserved under the names submitted. The United States Transportation Security Administration (TSA) has introduced the Secure Flight program for passengers on all flights traveling in and out of the USA. The program requires submission of key personal information including full name, date of birth, gender. Guests' full name information must exactly match the information in the government issued document used for travel.
Passports and IDs - International air, ground, and sea travel (including to and from Canada and Mexico) require that valid government issued IDs be presented at border crossings and check-points. Certain destinations may allow different forms of ID, i.e. passport cards or military IDs. It is the guest’s responsibility to be aware of and carry all necessary identification. Guests should hold a valid passport with an expiration of a minimum of six (6) months beyond the end date of their trip.
Visa - It is the guest's responsibility to obtain any travel documents and/or verify entry requirements for each country of travel and/or transit on the selected itinerary. Entry laws differ with respect to each guest's citizenship. YMT will not obtain personal travel documents for guests or assume responsibilities for notice of countries' current requirements. Guests are responsible for any expenses incurred as a result of delays or itinerary changes related to a lack of their appropriate travel documents.
Health and Inoculations - Immunization requirements vary from country to country. Please consult your personal physician and/or local public health board, or the Centers for Disease Control and Prevention (CDC) in Atlanta (404-322-4559 or www.cdc.gov/travel). Additionally, we strongly suggest you have a complete physical since some itineraries include areas of high altitude and extreme temperature fluctuation. Bring this to your doctor’s attention. Required inoculations, if any, must be recorded by the guest’s health practitioner on a valid vaccination certificate which the guest must carry for proof of inoculation where required. Individuals with heart disease, chronic illness, physical handicap, advanced pregnancy or mental illness should not participate in these rigorous travel programs.
TOUR PACE AND DISABILITIES
YMT Vacations' programs vary in pace, but in general, they require guests to be in good physical and mental health. YMT will make reasonable efforts to accommodate the special needs of its travelers; however, such travelers should be aware that the Americans with Disabilities Act is inapplicable outside of the United States. Facilities outside the United States for disabled individuals are limited.
Accordingly, when you reserve your package, please inform YMT of any physical disabilities or limitations so that we can help you determine the appropriateness of the itinerary you select. Notwithstanding the foregoing, YMT reserves the right to decline to accept or retain on any trip any person as a passenger should such person’s health or mental condition or physical infirmity or general deportment impede the operation of the trip or affect the rights, welfare, health, safety or enjoyment of other passengers. Refund of unused land services is the limit of YMT’s liability in such an event. It is the guest’s responsibility to judge the appropriateness of these travel activities to their physical capabilities. At times, vendors with whom YMT contracts may require a doctor’s release to travel for travelers of a certain age or with special disabilities.
YMT Vacations regrets that it cannot provide individual assistance for walking, eating, or other personal needs. Anyone needing assistance in this manner must be accompanied by a companion.
The YMT luggage allowance is one (1) suitcase and one (1) carry-on per guest. Due to capacity limits on vehicles the maximum weight per suitcase is 50 lbs. in general and 44 lbs. for itineraries that include charter flights. The dimensions of each suitcase may not exceed 60 linear inches (length + width + height). Carry-ons should not be larger than 12 inches by 11 inches by 6 inches and must fit in the overhead compartment or under the seat in front. Luggage that is larger or heaver may attract extra fees or might not fit on the bus at all. Shipping of extra luggage is not always possible and cost can be substantial. To comply with safety regulations for motorcoaches, mid-size buses and vans, wheeled carry-on bags are not accepted as hand luggage.
Important note for airline bag fees: Airline checked baggage charges are not included in YMT airfare unless the airline you are travelling on includes a free checked bag allowance. Generally, extra checked baggage fees will apply on most flights within the US and Canada for all checked baggage and you must pay these charges at the time of check-in - online or at the airport. For international flights, starting or finishing outside the US or Canada, very often the first checked bag is included in the airfare, however each airline sets its own policy and is some cases checked baggage fees may apply. You should check with the relevant airline for their latest policy. In all cases if you choose to check in more than one piece of baggage per person, additional airline charges apply.
YMT does its best to operate all programs listed, but many operational circumstances and program aspects are outside of our control, and as such, we reserve the right to cancel a program at any time for any reason. Should a program be cancelled or inoperative we will inform you as soon as possible about the cancellation. YMT is not responsible for additional expenses that may occur as a result of the cancellation, such as airline cancellation fees, visa fees, vaccinations, purchases of clothing or equipment for the cancelled program or other expenses.
At times our visits may coincide with a national holiday or special/religious event. This may impact upon the availability of churches, restaurants, museums, hotels, public venues, sightseeing etc. While YMT will make every effort to minimize the impact of such a situation we cannot be held responsible for closures and/or necessary itinerary changes in result.
YMT reserves the right to make changes its program prior to or during the operation, with or without notice, due to operational, climatic conditions or for any reasons beyond the control of YMT. The itinerary descriptions are guaranteed with the exception of unforeseen conditions including but not limited to road closures due to weather, acts of God, changes in legal vehicle size or weight limits or other travel restrictions. YMT also reserves the right to substitute hotels for others in similar categories and to replace vehicles, tour directors, and other supplies if operationally necessary.
HOTEL FEATURES AND AMENITIES
Hotel features and amenities are at each property's discretion. It is very common that hotels change ownership and amend schedules for improvement of facilities, rooms and furniture. YMT has no control over decisions that are made by hotel management and depends on information that is made available at the time of contracting services, typically months ahead of time.
During your travels you may find a variety of accommodation types, ranging from rustic cabins to hotels and resorts. In order to accommodate bus tours, hotels must be able to handle group check-ins, luggage transfers, bus parking etc. Please keep in mind that in some areas of travel, for example national parks, the selection of hotels and availability of rooms may be very limited. For some itineraries that include large cities YMT may also select hotels of good standards in a residential part of the city rather than include an overpriced hotel in the city center.
HOTEL ROOM ASSIGNMENTS
Room assignments are randomly made and at the discretion of the individual hotel. YMT will make every effort to notify each vendor of special requests, for example adjoining rooms, low floors, non-smoking and similar. Occupancy fluctuates greatly and that other hotel guests may stay longer than anticipated. Certain rooms may therefore not become available as scheduled by housekeeping. Accommodation is booked in standard rooms. Some properties may ask for a credit card authorization to cover extra charges, i.e. drinks, phone, etc. YMT is unable to guarantee that guests’ particular requests will be accommodated by the hotel upon arrival.
Where guests elect to book airfare with YMT, airline tickets are issued after guests are paid in full. All airline requests must be in our office at a minimum 90 days prior to the tour departure date. Requests can never be guaranteed and additional fees may apply. The best routing is booked based upon the availability of the airlines at the time of issuing air tickets. Non-stops and direct flights are not always available and may require additional charges. Flights are booked at YMT’s discretion to best align with meet & greet and transfer times. After tickets have been issued, there are airline imposed penalties to make any changes or upgrades. Guests are responsible for any imposed penalties when requesting itinerary changes.
INSTANT PURCHASE AIR
Air service purchases requested by the guest before full payment was rendered, i.e. Instant Purchase Air, will be non-refundable and non-changeable. Air Protection plan cannot be purchased and does not apply. Full air payment plus a $50 service fee is required at the time of ticketing.
CHANGES IN CONNECTION WITH AIR SERVICES
Name corrections and flight revisions can be made free of charge until 90 days prior travel unless instant air was purchased at time of booking. Within 90 days prior travel a handling fee of $50 per person will be due in addition to any applicable fee assessed by the airline. Any alteration will risk the loss of air space or increased air fares.
Important: YMT will not be held responsible for denial of service by a carrier due to any name discrepancy. It is the Guest's responsibility to ensure their name on the ticket matches their ID used for travel.
AIRLINE CHECK-IN TIMES
Airlines may adjust departure times for operational or other reasons. It is the guest’s responsibility to verify latest flight details with the airline directly, 24 hours prior scheduled departure. To allow for sufficient time for security screening and check-in please arrive at the airport for:
• domestic travel – at least 2 hours prior flight departure
• international travel – at least 3 hours prior flight departure
AIRLINE CREDIT CARD BAG FEES
Airline credit cards to receive one free checked bag does not apply. YMT does not use the guest’s airline credit card to purchase airline tickets.
The airlines concerned are not to be held responsible for any act, omission or event during the time passengers are not aboard their aircraft. The passenger tickets in use by the airlines, when issued, shall constitute the sole contract between airlines and the purchaser of these tickets and/or passenger.
AIRLINE DELAYS, CANCELLATIONS AND CHANGES
Air carrier contracts restrict what airlines can be held responsible for. Guests who encounter delays or schedule changes along the way, need to address those directly and immediately via the carrier's customer service desk. Guests who miss their departure flight have the responsibility to work with the airline to reach their destination. YMT Vacations will assist where it is possible, yet cannot be held responsible if an airline cancels, reschedules or delays a flight for any reason.
AIR SERVICES NOT BOOKED WITH YMT
For guests making their own flight arrangements, YMT will not be responsible for any loss resulting from cancellation or changes in your flights or dates. YMT recommends the purchase of refundable or changeable air services as fees for amendments can otherwise be substantial. YMT will not be responsible for any airline ticket change fees or any other additional cost you may incur regarding individual air ticket not purchased with YMT Vacations. Air tickets should not be purchased before full payment has been rendered by the guest and departure details have been confirmed by YMT.
AIRLINE SEAT ASSIGNMENTS
Requests for aisle, window, or adjacent seats on the plane will be forwarded to the airlines. Every attempt will be made with the airlines to accommodate requests. Please note, however, that YMT is unable to guarantee any seat requests for specific seating arrangements. It may not always be possible to obtain seats together.
YMT is unable to accept bookings that are conditional upon special requests or seat assignments being in place. Once ticket information has been released by YMT, guests may contact the airline directly to inquire about seat assignment options. Any and all supplements for changes in the seat assignment with the airline directly will be at the guest’s expense.
CRUISE CABIN ASSIGNMENTS
Individual cabin assignments are made by the cruise line closer in to or up to the actual sail date based on names reported. The deck location (high/low) and position of the cabin within the deck (bow, stern, port, starboard) depend on category and type of stateroom booked. Cruise lines may upgrade passengers at no additional charge at their discretion.
When multiple cabins are booked, YMT endeavors to keep the linked rooms in proximity of each other. Final cabin assignments are done by each cruise line’s reservation unit and are subject to change. YMT is therefore unable to guarantee adjoining or adjacent location, especially when the cabins are in different categories.
CRUISE CABIN LOCATIONS
Categories are set by the cruise line and are determined by several factors such as whether the cabin is an inside cabin, an outside cabin (sometimes with varying window sizes), or a balcony cabin, as well as its location on the ship. Because of these factors, selecting an upgrade to a higher cabin category could place you on a lower deck level (depending on the ship’s layout). While YMT will make every effort to pass on particular requests regarding cabin location onboard the ship, such request cannot be guaranteed.
Government regulations require cruise lines to submit final departure manifests at least 60 minutes prior to sailing. Cruise lines have therefore implemented a mandatory online registration process. Depending on cruise line this process closes between 72 to 24 hours prior sailing. YMT recommends that guests complete online registration well ahead of time. Guests who have not completed the online registration will be required to complete this process at the pier at least two hours prior to the published sailing time. Failure to check in with enough time prior sailing may be considered a no show. Boarding times for ships vary by sailing and port.
CRUISE DINING REQUESTS
Cruise lines process dining requests on a first come-first serve basis. YMT will forward guests' wishes to the cruise companies' reservation units. Since seating capacity is limited there is no guarantee that preferred dining times will always be available. A number of cruise lines also offer flexible dining programs. These may attract additional service charges and/or cost for specialty restaurants. During the embarkation process guests have the opportunity to reconfirm their dining selection and time.
CRUISE LINE LOYALTY PERKS
We will make every effort to forward your past customer information and any membership numbers on to the cruise line; special upgrades and other perks, however, are at the discretion of the cruise line and not controlled by YMT Vacations.
PHOTOGRAPHY ON TOUR
YMT reserves the right to take photographs and/or videos during the operation of any program, and to use the photography for promotional purposes. Participants who prefer that their image not be used are asked to make this request known to YMT during the booking process.
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.
LIMITATION OF LIABILITY
Neither YMT, its affiliates, owners, officers, agents, or employees, shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to: (a) by the act, neglect or default of YMT, or of any persons for whose acts it would otherwise be responsible, or (b) defects or failures of or in any aircraft, vessel, automotive vehicle, a accommodation or other equipment or instrumentality under the control of independent suppliers. You further understand that YMT neither owns not operates its third party suppliers and accordingly, agree to seek remedies directly and only against those suppliers and not hold YMT responsible for their acts or omissions.
ACKNOWLEDGEMENT OF RISK
You understand and acknowledge that your travel with YMT may involve risk and potential exposure to injury. You also realize and acknowledge that risk and dangers may be caused by the negligence of the owners, directors, employees, officers or agents of YMT or the negligence or participation of other participants, contractors and/or subcontractors to YMT. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during your trip, and that you are willingly and knowingly electing to participate in your trip in spite of such potential risk of danger.
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 participate in your trip, and you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by you or caused by you, whether caused in whole or in part by the negligence of the owners, directors, agents, officers or employees of YMT. You understand and acknowledge that YMT reserves the right to accept or reject any customer for any reason, including, if in YMT's judgment, you are incapable of participating in the trip and/or your participation in the trip will endanger yourself or the safety of others. It is your responsibility and obligation to inform YMT, at the time your reservation is made, of any medical or physical disability or limitation that might disable you or render you unable to participate in the trip. You further acknowledge that you are the best judge of your own conditions and limitations and that it is incumbent upon you to fully disclose the full extent of any such conditions or limitations to YMT.
RELEASE OF LIABILITY
In consideration of the services and arrangements provided by YMT, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify YMT, and its owners, officers, directors, employees and affiliates 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 trip and any activities conducted in conjunction therewith. YMT's maximum liability, for any reason whatsoever, will be limited to the amount paid by the Participant to YMT for its services.
In the event medical care becomes necessary on your trip, you may be hours or days travel by water, porter, animal, or other non-vehicular transportation from any medical facility. The medical facility you may be treated in may not have the same standards as hospitals or doctor’s offices in your home country. The medical personnel you will be treated by may not speak fluent English and have the same training as medical personnel in your home country. You further acknowledge that an emergency evacuation may be unavailable, expensive and delayed at your location, and that the medical facilities and attention available abroad may be limited. Decisions are made by YMT staff based on a variety of perceptions and evaluations of the situation at hand. Participant understands and agrees to abide by these decisions.
EXCLUSIVE GOVERNING LAW AND JURISDICTION
This Agreement and any actions and proceeding shall be governed by the laws of the State of Delaware without regard to conflict of laws principles, with the exception of any admiralty or maritime claims, which shall be construed under the admiralty laws of the United States. If the right to seek arbitration 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 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 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.
Participant agrees that no suit, whether brought in rem or in personam, shall be maintained against YMT for emotional or physical injury, illness or death of Participant unless written notice of the claim, including a complete factual account of the basis of such claim, is delivered to YMT within 185 calendar days from the date of the incident giving rise to such injury, illness or death; and no suit shall be maintainable unless commenced within one (1) year from the day of the incident giving rise to such injury, illness or death, notwithstanding any provision of law of any state or country to the contrary.
WAIVER OF JURY TRIAL
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.
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.
Except as otherwise expressly provided to the contrary, this Agreement is for the benefit of YMT and the Participant. This Agreement shall be exclusive of any advertising, marketing or other sales literature or activities of YMT and nothing contained in any of such materials shall be construed to create any rights as a result of or in connection with this Agreement.
The Participant shall indemnify, hold harmless and defend YMT against any damage, liability, suit, claim, penalty, fine, cost or expense whatsoever which arises out of the Participant's negligence or caused by the Participant’s breach of this Agreement, or which results from the acts, omissions or defaults of Participant or any person acting on behalf of the Participant, or which results from the acts, omissions or defaults of, or any claims asserted by, the other participants on the trip.
YMT shares the coverage available under the USTOA $1 Million Travelers Assistance Program with affiliates of Travelopia Inc. who, as active members of the USTOA are required to post a $1 Million letter of credit 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 YMT customers in the unlikely event of a Travelopia Inc. bankruptcy, insolvency or cessation of business. Further, you should understand that the $1 Million letter of credit posted by Travelopia Inc. may be sufficient to provide only a partial recovery of the advance payments received by YMT. 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 [email protected] or by visiting its website at www.USTOA.com.
EEFC, Inc., doing business as YMT Vacations, is a Delaware, U.S.A. corporation which is a member of the Travelopia Group of Companies. EEFC, Inc.’s California Seller of Travel number of 2053616. For more information visit www.travelopia.com.