THREE RIVERS TRAVEL & EVENTS LLC
CLIENT SERVICES AGREEMENT
REGISTRATION AS A SELLER OF TRAVEL IN THE STATE OF MISSOURI DOES NOT CONSTITUTE APPROVAL BY ANY OTHER STATE THEREOF.
Before booking travel arrangements with THREE RIVERS TRAVEL & EVENTS LLC, THREE RIVERS TRAVEL & EVENTS LLC. requires each client(s) (“Client”) to agree to the following client services agreement (the “Agreement”). Please read this Agreement carefully. THIS AGREEMENT CREATES A CONTRACTUAL RELATIONSHIP BETWEEN THREE RIVERS TRAVEL & EVENTS LLC AND YOU, THE CLIENT IN THE VACATION PACKAGE PROVIDED BY THREE RIVERS TRAVEL & EVENTS LLC, AFTER READING THIS ENTIRE AGREEMENT, IN ORDER FOR YOUR TRAVEL OR VACATION PACKAGE RESERVATION TO BE COMPLETED, YOU MUST INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF SAID AGREEMENT.
By signing or accepting this Agreement or by undertaking any other affirmative action manifesting an intent to engage THREE RIVERS TRAVEL & EVENTS LLC, including providing THREE RIVERS TRAVEL & EVENTS LLC with credit card or billing information to be charged for any services made available by THREE RIVERS TRAVEL & EVENTS LLC, Client accepts and agrees to be bound and abide by the Agreement. If Client does not want to agree to the Agreement, Client must not take any of the aforementioned affirmative steps and may not utilize any paid services offered by THREE RIVERS TRAVEL & EVENTS LLC. For the avoidance of doubt, any digital signature to the Agreement or otherwise accepting or agreeing to the Agreement shall constitute acceptance of the provisions held herein.
1. Limits on Three Rivers Travel & Events LLC’s Responsibilities
THREE RIVERS TRAVEL & EVENTS LLC and its affiliates, owners, officers, agents, employees, contractors and subcontractors (hereafter in this paragraph “THREE RIVERS TRAVEL & EVENTS LLC”) recommend and utilize transportation, hotel accommodations, restaurant services, and other services from various independent suppliers that are not subject to THREE RIVERS TRAVEL & EVENTS LLC’’s control. THREE RIVERS TRAVEL & EVENTS LLC, nor any associate organization, agent, employee, contractor, or subcontractor 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 THREE RIVERS TRAVEL & EVENTS LLC, it’s owners, officers, agents, employees, contractors and subcontractors, or of any persons for whose acts it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers.
In addition, THREE RIVERS TRAVEL & EVENTS LLC cannot be held liable for delays in conjunction with the departure or interruption of your vacation arrangements caused by weather conditions, technical problems of any aircraft, vessel, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion or any causes beyond the control of THREE RIVERS TRAVEL & EVENTS LLC. In no event will THREE RIVERS TRAVEL & EVENTS LLC be responsible for incidental, consequential or special damage or loss suffered by any person. THREE RIVERS TRAVEL & EVENTS LLC’s maximum liability, for any reason whatsoever, will be limited to the amount paid directly to THREE RIVERS TRAVEL & EVENTS LLC for its services, and not the subject to the amount paid for any services provided therein by any aforementioned suppliers associated with THREE RIVERS TRAVEL & EVENTS LLC . In issuing tickets and coupons for transportation of the purchaser by any means and making arrangements for hotel or other accommodation, THREE RIVERS TRAVEL & EVENTS LLC is not acting as principal but only as agent for the companies, LLCs, or persons providing or offering the means of transportation and accommodation for booked travel packages utilizing the planning services of THREE RIVERS TRAVEL & EVENTS LLC. To the extent THREE RIVERS TRAVEL & EVENTS LLC shall not be acting as an agent, as stated above, it shall be deemed to be acting as an agent of the purchasers in arranging or booking transportation and accommodation.
2. Reservations & Payments
Deposits and all payments may be made by credit card (Visa, MasterCard, American Express, and Discover) on any journey planned by THREE RIVERS TRAVEL & EVENTS LLC.
Deposit schedules are for journey costs only, and are as follows: • Deposit due at time of reservation is calculated and issued by the supplier being booked through, but in most cases is: 25% of the total cost of travel package
• 90 days prior to departure*: Full Balance due.
*Due to financial commitments with suppliers, some travel packages may require final payment 120 days before departure. Travel packages with special events may require additional deposits and may be subject to alternate cancellation terms as indicated in the detailed itinerary. If you make your reservation less than 90 days prior to your scheduled departure, full payment will be collected at the time of booking.
3. Custom Flexible Independent Trip (CFIT) Planning Fee
Creating a personalized, private journey is very time-intensive and requires a planning fee to initiate. The fee schedule is as follows:
• Outside of 60-Days: $250*
• Within 60-Days: $500*
This non-refundable planning fee will automatically be credited toward the final payment of your trip.
After receiving your planning fee, we will prepare a draft itinerary and review with you all the logistics and provide you with a total cost estimate.
*Certain specialty trips such as safaris and those with rail or cruise components may require a higher nonrefundable itinerary planning fee. You may send us a check, or to begin the process right away, you may give us a credit card number (Visa, MasterCard, American Express, or Discover.)
4. Cost Of Travel Packages
Each travel package is different, and you should refer to your individual itinerary as a guide for what costs are included in your specific trip.
1. Hotels: Based on availability, THREE RIVERS TRAVEL & EVENTS LLC offers luxurious or the best available room per client request, included in the cost of the travel package. Single rooms must be reserved in advance at a supplementary cost. Right is reserved to substitute hotels for those named provided in a personal itinerary by a supplier or on THREE RIVERS TRAVEL & EVENTS LLC’s website when necessary. Specific bed types and room location(s) should be requested at the time of booking, but cannot be guaranteed.
2. Meals: Meals are included only as noted in the itinerary. Every effort will be made to provide bottled water, soft drinks, coffee, or tea with meals, but this cannot be guaranteed. Alcoholic or otherwise specialty beverages are only included in the travel package when noted as an add-on purchase agreement between THREE RIVERS TRAVEL & EVENTS LLC and the Client(s).
3. Travel Director/Host: Some journeys will include the services of a travel director or host, who will manage all matters pertaining to the travel package operation.
4. Sightseeing: English-speaking guides are included in the cost of the travel package as shown in the itinerary, including entrance fees for places visited. Air-conditioned vehicles are utilized when available per the tour operator. Four-wheel drive vehicles may be used in many locations as necessary. Water is included on all sightseeing excursions unless unavailable or otherwise noted in the tour description for a particular destination, location, or tour operator.
5. Luggage: Not all transportation and transfer of up to two full-size suitcases, except when mandated by charter air carriers or airlines are included in the cost of the travel package(s). On some programs, baggage may be limited to 20 pounds. The traveler will be responsible for any overweight charges imposed by an airline or air charter company.
6. Port Taxes: All port taxes on cruise portions of itineraries are included in the cost of the travel package unless otherwise specified.
7. Transfers: Group or individual airport transfers on arrival and departure flights are included in the cost of the travel package unless notated differently in the itinerary.
Costs not included in the travel package unless otherwise noted in the itinerary are as follows: Air transportation; airport taxes; passport and visa expenses; laundry services, alcohol, and all items of a personal nature; expenses of guides, buses or cars for sightseeing not included in the itinerary; excess baggage charges; health, accident, baggage, and trip cancellation insurance; expenses incurred in recovering luggage lost by airlines, belongings left behind on a tour, and/or in shipping purchases or other goods home from abroad; gratuity to the hotel, cruise, train and restaurant staff as well as local guides and drivers for normal on-journey services or for any personal services when not specifically listed under tour inclusions; gratuity to the travel director; expenses due to the delay or interruptions of a trip for any reason, including but not limited to Force Majeure events, as defined below; expenses and costs due to quarantine, refusal or interruption of service by third parties, or border closures/restrictions. and other items not mentioned as being included.
5. Passports / Visas
Clients will be required to submit a color copy of their passport and/or other requested legal identification to THREE RIVERS TRAVEL & EVENTS LLC. You are responsible for obtaining any travel documents and/or verifying entry requirements necessary for each country of travel and/or transit on your selected itinerary with your agent. Entry laws differ with respect to each traveler’s citizenship. THREE RIVERS TRAVEL & EVENTS LLC cannot obtain personal travel documents for customers or assume responsibilities for notice of countries’ current requirements, but may only advise accordingly how to obtain such documents. You are responsible for any expenses incurred as a result of the delays or itinerary changes related to your lack of appropriate travel documents before departure. Additionally, THREE RIVERS TRAVEL & EVENTS LLC is not liable or responsible for any Client being denied entry or exit to or from the travel destination based on lack of adequate documentation or required immunizations per country or port of entry requirements.
6. Pricing & Changes
Prices include all items noted above and are based on current rates of exchange at the time of trip proposal and/or confirmation. THREE RIVERS TRAVEL & EVENTS LLC reserves the right to increase tour prices and without notice to withdraw any part or the entire trip and to make such changes as may be necessary prior to initial deposit, and the resulting extra cost, if any, shall be paid by the guests by the final payment date as outlined in the client’s travel documents provided by THREE RIVERS TRAVEL & EVENTS LLC and the supplier utilized for the booking of the travel package.
There may be occasions where THREE RIVERS TRAVEL & EVENTS LLC may need to alter or modify Client’s trip components based on vendor operating days or changes in availability; such changes are generally considered minor changes in the itinerary and shall not be considered nonconformance under this Agreement.
In the event that Client desires to alter, modify, postpone, or reschedule a trip or its components, Client shall not be entitled to a refund and all refunds will be at the sole discretion of THREE RIVERS TRAVEL & EVENTS LLC and the supplier listed on the booking.
7. Unused Services
If you make any changes to any portion of your travel package after you have departed, such changes will be completely at your own expense. Refunds are not available for services provided in the travel package prices not utilized by you.
8. Cancellation Policy
The cancellation policy is applicable to all THREE RIVERS TRAVEL & EVENTS LLC and a majority of the suppliers that it endorses. The written notice must be received by certified mail, fax, or email.
Cancellation fees are as follows:
• Cancellations received 90-61 days prior to departure: 25% of the tour price per person.
• Cancellations received 60-31 days prior to departure: 50% of the tour price per person.
• Cancellations received within 30 days prior or en route: 100% of the tour price per person.
You may transfer your reservation, depending upon availability, from one travel package to another (in the same calendar year) by notifying us at least 91 days prior to departure for a transfer fee of $50 per person, after which time our cancellation policy applies. THREE RIVERS TRAVEL & EVENTS LLC is not responsible for additional expenses such as airline cancellation fees, visa fees, vaccinations, purchases of clothing or equipment, or other expenses that may occur as a result of the cancellation.
Once THREE RIVERS TRAVEL & EVENTS LLC has accepted deposits for a travel package, the departure is guaranteed, except in case of “Force Majeure” events or the discretion of the supplier, including but not limited to fire, earthquake, labor dispute, act of a public enemy, public health crisis, death, illness, or incapacity of a THREE RIVERS TRAVEL & EVENTS LLC employee or independent contractor, supplier employee(s), or any local, state, federal, national or international law, governmental order or regulation, any major events that might adversely affect international travel patterns or events that endanger travelers, or any other event beyond THREE RIVERS TRAVEL & EVENTS LLC’s control.
THREE RIVERS TRAVEL & EVENTS LLC and its suppliers do their best to operate all travel packages planned or listed but many operational circumstances and program aspects are outside of our control, and as such, we reserve the right to cancel a program for any reason. Should a program be canceled or inoperative we will inform you as soon as possible about the cancellation. If THREE RIVERS TRAVEL & EVENTS LLC or their supplier(s) cancels for any reason, Client may be given a partial refund, not including the Initial Deposit, at the sole discretion of the supplier based on the circumstances. THREE RIVERS TRAVEL & EVENTS LLC 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 canceled program or other expenses. Note that if THREE RIVERS TRAVEL & EVENTS LLC alters, modifies, postpones, or reschedules Client’s journey or offers Client a travel credit or partial refund, such action does not constitute a “cancellation” of Client’s journey by THREE RIVERS TRAVEL & EVENTS LLC and the supplier listed within the itinerary in question.
Upon cancellation of services, THREE RIVERS TRAVEL & EVENTS LLC reserves all rights under this Agreement. Client shall assume responsibility for all legal fees necessitated by default in payment. If any legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses.
9. Chargeback Policy
All clients are required to keep a valid credit card on file. For your convenience this credit card will be used as a form of payment for fees incurred throughout the booking process. We will notify you before each charge is made. In the event that you have questions, concerns, or dispute a charge to your credit card, please contact THREE RIVERS TRAVEL & EVENTS LLC directly prior to initiating a refund or “chargeback” with your credit card company. If THREE RIVERS TRAVEL & EVENTS LLC or its suppliers cancel or postpone your travel package due to any Force Majeure event, we will not offer refunds but instead will offer you a credit to use our services at a later time unless otherwise noted.
By entering into this Agreement, Client acknowledges their understanding that all payment disputes should first be brought to the attention of THREE RIVERS TRAVEL & EVENTS LLC prior to formally disputing a charge with Client’s credit card company. Any charges disputed with your credit card company, including in the event of cancelation or postponement of your travel package as a result of Force Majeure events, will result in THREE RIVERS TRAVEL & EVENTS LLC producing a copy of this signed Agreement to the credit card company notifying us of the chargeback of the payment(s) in order to recover our fees. Any additional fees associated with negotiating the chargeback, including but not limited to an hourly fee for time spent by THREE RIVERS TRAVEL & EVENTS LLC staff communicating with your credit card company will also be assessed to you, the Client. Failure to pay for our services or fees incurred by fraudulent credit card disputes will result in immediate termination of THREE RIVERS TRAVEL & EVENTS LLC’S current and future services as well as this Agreement. If a credit card charge (or a check) is rejected by a bank, you will have 48 hours from that time to reconcile payment.
10. Travel Protection
THREE RIVERS TRAVEL & EVENTS LLC does not purchase travel insurance directly on behalf of its clients, but does recommend the purchase of said insurance be added to all travel packages . It’s always a good idea to consider purchasing a travel protection plan to protect your travel investment.
Client acknowledges and agrees that THREE RIVERS TRAVEL & EVENTS LLC is not responsible or liable for any loss, damage, expense, cost, or any other issue affecting Client’s property or person as a result of Client’s travel. Client understands and agrees that, should Client choose not to purchase travel insurance or should Client purchase inadequate coverage for their trip, the Client will be solely and fully responsible for any costs, losses, or damages incurred in connection with the Client’s trip, including those relating to tour cancellation or interruption, loss or theft of personal property, medical expenses, and more. Additionally, Client should consider purchasing COVID-19 quarantine coverage, if possible, to best prepare for any costs related to emergency quarantining in a foreign country.
11. Client Trust Account & Supplier Payment
Missouri law requires all sellers of travel to have a trust account, bond, or professional errors and omissions insurance. THREE RIVERS TRAVEL & EVENTS LLC maintains professional errors and omissions insurance for this purpose. Because we have opted to maintain a professional errors and omissions insurance policy, we do not carry any bond or trust at this time.
12. Unforeseen, Unavoidable Changes Due to COVID-19
Should Client experience an unforeseen, unavoidable change in travel due to the COVID-19 pandemic (for example, if a Client contracts COVID-19 while on their trip and is required to quarantine, resulting in changes to the itinerary), Client should notify THREE RIVERS TRAVEL & EVENTS LLC as soon as possible. However, THREE RIVERS TRAVEL & EVENTS LLC does not guarantee its availability or ability to address any COVID-19 emergency for Client. In the event that THREE RIVERS TRAVEL & EVENTS LLC is unavailable, unable to help, or time is of the essence, Client should contact their nearest United States Embassy:
https://www.usembassy.gov/.
If the Client is not a United States Citizen, the Client should contact the nearest embassy for the country in which they hold citizenship. Additionally, some travel operators/suppliers or excursion/experience providers may charge additional fees for any extra care/time needed to make last-minute arrangements due to COVID-19 emergencies. These operators and providers are third parties and as such, THREE RIVERS TRAVEL & EVENTS LLC has no control over the fees assessed.
13. Eligibility
All guests are expected to be in good health at the time of travel. Many add-on excursions, tours, and navigating large airports/cruise ships requires a lot of activity. Moderate to strenuous exertion, including long walks and climbing stairs is sometimes an integral part of your travel package. Riding in four-wheel-drive vehicles on rough terrain or unpaved paths can aggravate back conditions. Flying aboard small aircraft is required in many international areas.
14. Health & Inoculations
Immunization requirements vary from country to country. Please consult your personal physician and/or local public health board, the Missouri Department of Health and Senior Services Section for Disease Prevention in Jefferson City at (573)- 751-6439, or the Centers for Disease Control and Prevention (CDC) at 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 traveler’s health practitioner on a valid vaccination certificate which the traveler 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.
It is Client’s responsibility to consult a physician before participating in a trip to ensure eligibility for strenuous physical activity and by signing or otherwise accepting this Agreement, Client affirms that they have no medical conditions that would restrict Client from participating in the travel package. Client agrees that if they experience any medical issues while on the trip, they will seek medical treatment immediately.
15. Researching Your Destination
THREE RIVERS TRAVEL & EVENTS LLC has no special knowledge regarding any possible unsafe conditions, health hazards, weather hazards, or climate extremes at destinations to which Client may travel. Though we try to gain as much knowledge as is necessary to properly advise Clientele prior to departure, not all information readily available for research may be covered by your agent at the time of booking. As such, THREE RIVERS TRAVEL & EVENTS LLC encourages all clients to plan accordingly and do their research in preparing for their travel. For information concerning possible dangers at destinations, please review, at minimum, the Travel Warnings section of the State Department website at www.travel.state.gov. For medical information, contact the Centers for Disease Control at www.cdc.gov/travel. THREE RIVERS TRAVEL & EVENTS LLC recommends that United States citizens register for the United States government’s Smart Traveler Enrollment Program, a free service to allow United States citizens traveling abroad to enroll their trip with the nearest U.S. Embassy or Consulate, at https://step.state.gov/step/.
16. Acknowledgement Of Risk
You understand and acknowledge that your travel in connection with and participation in the vacation package arranged at your request by THREE RIVERS TRAVEL & EVENTS LLC involve risk and potential exposure to injury and possibly death. You also realize and acknowledge that risk and dangers may be caused by the negligence of the owners, directors, employees, contractors, subcontractors, officers, or agents of TRAVEL EVOLUTIONS INC. or the negligence or participation of other participants, contractors, and/or subcontractors to THREE RIVERS TRAVEL & EVENTS LLC. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature, and that the international location of any given trip may be a location where the political, health, cultural and geographical attributes present additional inherent risks greater than those present in Client’s daily life. These inherent risks include, but are not limited to, negative treatment by foreign third parties unaffiliated with THREE RIVERS TRAVEL & EVENTS LLC, as well as the dangers of serious personal injury, death, and property damage resulting from, but not limited to: travel; physical exercise and exertion; physical contact with other travelers or third parties; communicable illnesses, including but not limited to COVID-19; severe allergies; animal or insect-borne illnesses; falling or tripping due to environmental hazards, uneven surfaces, or debris; other health hazards associated with travel; injury or death resulting from exposure to unfavorable weather conditions; and hazards related to dining, including, but not limited to, food sickness, allergic reactions, and/or choking (collectively the “Injuries and Damages”). You fully understand and acknowledge that the aforementioned Injuries and Damages are potential in connection with recreational activities that may take place during your trip.
Client further acknowledges and understands that these Injuries and Damages cannot be entirely eliminated. Client fully understands and agrees that THREE RIVERS TRAVEL & EVENTS LLC has not tried to contradict or minimize their understanding of these risks. Client understands that Injuries and Damages can occur by natural causes or activities of other persons, environmental circumstances, staff of THREE RIVERS TRAVEL & EVENTS LLC or third-party service providers, either as a result of negligence or because of other reasons. Client understands that third parties, including third-party service providers, cannot necessarily be controlled, and that Client’s safety, physical health, or emotional wellbeing cannot be guaranteed while traveling and participating in related activities.
17. Express Assumption of Risk and Responsibility
In acknowledging the foregoing ACKNOWLEDGMENT OF THE RISK section, CLIENT CONFIRMS THEIR UNDERSTANDING OF THE FOLLOWING: you confirm that you are physically and mentally capable of participating in the activity, that you are willingly and knowingly electing to participate in this vacation package in spite of the potential risk of Injuries and Damages, and you willingly and voluntarily assume full responsibility for any Injuries or Damages suffered by you or caused by you, whether caused in whole or in part by the negligence of the owners, directors, agents, officers, employees, contractors or subcontractors of THREE RIVERS TRAVEL & EVENTS LLC.
18. Release of Liability
In consideration of the services and arrangements provided by THREE RIVERS TRAVEL & EVENTS LLC, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold /harmless, and agree to indemnify THREE RIVERS TRAVEL & EVENTS LLC and its owners, officers, directors, agents, contractors, subcontractors 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 in connection with the scheduled vacation package 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, AGENTS, CONTRACTORS OR SUBCONTRACTORS OF THREE RIVERS TRAVEL & EVENTS LLC.
19. Waiver of Unknown Claims
Client has read Section 351.482 of the Revisor of Missouri, which provides as follows in regards to unknown claims against a dissolved company or corporation:
351.482. Unknown claims against dissolved corporation. — 1. After dissolution is authorized pursuant to section 351.462, 351.464 or 351.466, or it has been dissolved pursuant to section 351.486, a corporation may also publish notice of its dissolution and request that persons with claims against the corporation present them in accordance with the notice.
2. The notice shall:
(1) Be published one time in a newspaper of general circulation in the county where the corporation's principal office, or, if none in this state, its registered office, is or was last located;
(2) Be published one time in a publication of statewide circulation whose audience is primarily persons engaged in the practice of law in this state and which is published not less than four times per year;
(3) At the request of the corporation, be published by the secretary of state in an electronic format accessible to the public;
(4) Describe the information that must be included in a claim and provide a mailing address where the claim may be sent; and
(5) State that a claim against the corporation will be barred unless a proceeding to enforce the claim is commenced within two years after the publication of the notice.
3. Other rules of law, including rules on the permissibility of third-party claims, to the contrary notwithstanding, if a corporation dissolved without fraudulent intent publishes notices in accordance with subsection 2 of this section, the claim of each of the following claimants is barred unless the claimant commences a proceeding to enforce the claim against the dissolved corporation within two years after the publication date of whichever of the notices was published last:
(1) A claimant who did not receive written notice pursuant to section 351.478;
(2) A claimant whose claim was timely sent to the dissolved corporation but not acted on;
(3) A claimant whose claim is contingent or based on an event occurring after the effective date of dissolution.
4. A claim may be enforced pursuant to this section only:
(1) Against the dissolved corporation, to the extent of its undistributed assets; or
(2) If the assets have been distributed in liquidation, against a shareholder of the dissolved corporation to the extent of the shareholder's pro rata share of the claim or the corporate assets distributed to the shareholder in liquidation, whichever is less, but a shareholder's total liability for all claims pursuant to this section may not exceed the total amount of assets distributed to the shareholder.
5. For purposes of this section, "fraudulent intent" shall be established if it is shown that the sole or primary purpose of the authorization for dissolution or the dissolution was to defraud shareholders, creditors or others.
Client understands that Section 351.482 states that Client cannot release existing claims of which the Client is presently unaware, unless the Client voluntarily chooses to waive this right. Having been so apprised, Client nevertheless hereby voluntarily elects to, and does, waive the rights described in Section 351.482, and elects to assume all rights for claims that now exist in the Client’s favor, known or unknown, for the subject of this Agreement should a future dissolvement of THREE RIVERS TRAVEL & EVENTS LLC occur.
20. Important Notice Regarding the Physical Nature of Each Journey
THREE RIVERS TRAVEL & EVENTS LLC, and its endorsed suppliers’, travel packages vary in pace, but in general, they require participants to be in good physical and mental health. THREE RIVERS TRAVEL & EVENTS LLC 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 and facilities outside the United States for disabled individuals are sharply limited. Accordingly, when you reserve your travel package, please inform THREE RIVERS TRAVEL & EVENTS LLC of any physical disabilities or limitations so that we can help you determine the appropriateness of the itinerary you select. Notwithstanding the foregoing, THREE RIVERS TRAVEL & EVENTS LLC reserves the right to decline, to accept or retain 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 the rights or welfare or enjoyment of other guests; refund of unused land services is the limit of THREE RIVERS TRAVEL & EVENTS LLC’s liability. It is the guest’s responsibility to judge the appropriateness of these travel activities to their physical capabilities. At times, the vendors with whom THREE RIVERS TRAVEL & EVENTS LLC contracts may require a doctor’s release to travel for travelers of a certain age with special disabilities.
21. Arbitration
You hereby agree that any dispute concerning, relating or referring to this Agreement, the brochure/flyer/website/invoice or any other literature concerning your trip, the trip itself, or any claim for damages due to injury or death which occurs during or in connection with the trip shall be resolved exclusively by binding arbitration according to the then-existing rules of the American Arbitration Association in an arbitration conducted in Cole County, Jefferson City, Missouri, United States. Such proceedings will be governed by substantive Missouri State 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 (15) 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.
22. 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.
23. Express Waiver of Any Right to Seek Consequential, Punitive or Exemplary Damages
Regardless of the situation or circumstances giving rise to a claim, you waive any right to seek consequential, punitive, or exemplary damages against THREE RIVERS TRAVEL & EVENTS LLC, its owners, officers, director, agents, contractors, subcontractors, and employees, for any reason whatsoever.
IN CONSIDERATION OF PARTICIPATING IN MY TRAVEL PACKAGE, MY SIGNATURE ON MY BOOKING FORM INDICATES THAT I HAVE, ON THE DATE SHOWN, READ AND UNDERSTOOD THIS DOCUMENT AND I ACKNOWLEDGE THAT IT AFFECTS MY LEGAL RIGHTS AND AGREE TO BE BOUND BY ITS TERMS. MY SIGNATURE ALSO SIGNIFIES MY INTENTION TO RELIEVE AND INDEMNIFY THREE RIVERS TRAVEL & EVENTS LLC, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND SUBCONTRACTORS FROM ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH WHICH I MIGHT SUFFER DURING MY PARTICIPATION IN THE SCHEDULED VACATION PACKAGE.
24. 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 MISSOURI, 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 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 MISSOURI, OR, IF IT HAS OR CAN ACQUIRE JURISDICTION, IN THE UNITED STATES DISTRICT COURT FOR THE EAST CENTRAL DISTRICT OF MISSOURI, 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.
25. Third Party Performance
THREE RIVERS TRAVEL & EVENTS LLC shall make best efforts to produce successful Services for Client, but THREE RIVERS TRAVEL & EVENTS LLC makes no representations, guarantees, or warranties as to the effectiveness or performance of the Services delivered. Client shall indemnify and hold THREE RIVERS TRAVEL & EVENTS LLC harmless from any and all claims, liabilities, costs, losses, damages, or expenses (including attorney fees) arising from any third-party service provider’s wrongful or negligent acts or omissions. In the event of any changes by third-party service provider that materially affect the delivery or performance of THREE RIVERS TRAVEL & EVENTS LLC’s Services contemplated by this Agreement, THREE RIVERS TRAVEL & EVENTS LLC shall provide notice to Client and make every effort to work with the Client to find an acceptable alternative to the third-party service provider or find a replacement service at the same or similar cost. If such a situation should occur and a suitable alternative or replacement is not found, responsibility and liability of THREE RIVERS TRAVEL & EVENTS LLC is limited to the return of payments received for the specific portion of the direct Services affected that they and not a third-party entity or supplier provide. The Client agrees to not unreasonably withhold approval of an alternative.
26. Satisfaction
The obligation of Client to make payment to THREE RIVERS TRAVEL & EVENTS LLC according to the terms of this Agreement is not conditioned on Client’s satisfaction with the proceeds of any Services under this Agreement. Client understands and expressly agrees that delivery of the Services under this Agreement shall obligate Client to make payment and payment shall not be withheld due to subjective dissatisfaction.
27. Non-Assignment
Client may not sell, assign, or transfer any of its rights or obligations hereunder, and any attempt to sell, assign, or transfer such rights or obligations without THREE RIVERS TRAVEL & EVENTS LLC’s prior written approval will be null and void. All terms and conditions in this Agreement will be binding upon and inure to the benefit of the parties hereto and their respective permitted transferees, successors, and assigns.
28. 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.
29. Waiver
Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver of any such terms or conditions and shall not affect or impair such terms and conditions in /any way or the right of such party at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.
30. Notice to Client: Disclosure of Right to Prompt Refund in the Event of a Cancellation
Upon cancellation of the services, where the Client is not at fault and has not canceled in violation of any terms and conditions clearly and conspicuously communicated to the Client previously in any signed document, including but not limited to this Agreement, all sums paid to THREE RIVERS TRAVEL & EVENTS LLC for services not provided will be promptly paid to the Client after cancellation. This provision does not apply where THREE RIVERS TRAVEL & EVENTS LLC has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, THREE RIVERS TRAVEL & EVENTS LLC will provide the Client with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
31. Entire Agreement
Except as otherwise expressly provided to the contrary, the rights herein granted, and this Agreement are for the benefit of the parties hereto. The terms and conditions of this Agreement shall be exclusive of any advertising, marketing, or other sales literature or activities of THREE RIVERS TRAVEL & EVENTS LLC 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.
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