The Fliers Club - Terms and conditions

The Fliers Club Terms & Conditions 

1. I, the undersigned, whose name and signature appear (and my parent or guardian if I am a minor), a registrant for a program with The Fliers Club, LLC. (“The Fliers Club”), hereby acknowledge that I have read and agree to the The Fliers Club Terms and Conditions and my itinerary description, as well as those provisions contained in the Release below, and acknowledge that they form part of my agreement with The Fliers Club including sections concerning responsibility, refunds and changes in dates, cities, hotels and prices. 
2. I/my guardian voluntarily consent(s) to participate in all activities provided and/or organized by The Fliers Club (including the possibility of biking, horseback riding, water-based activities), and I hereby assume all risks of loss and injury that may be incurred, directly or indirectly, as a result of my participation in any and all activities provided and/or organized by The Fliers Club. I/my guardian also authorize(s) The Fliers Club to arrange for professional care and treatment for myself in case of a medical emergency. I/my guardian agree(s) that if I become ill or incapacitated, The Fliers Club may, without incurring any liability, take such actions as it considers necessary under the circumstances, including securing medical treatment for me and transporting me to the United States all at my own expense. I agree to release The Fliers Club from any liability for the quality and timeliness of any such medical care received or for any expenses incurred. I understand that The Fliers Club will not accept responsibility for travelers not following these rules and regulations, and that I may be sent home at my own expense without benefit of any refund if I do not adhere to The Fliers Club behavior guidelines and standards and the instructions of my group leader. I understand that if I am expelled from school or otherwise disciplined by school
   or civic authorities, I may be declared ineligible for the program and my participation cancelled, subject to The Fliers Club stated refund policies. 
3. I will indemnify The Fliers Club, its owners, parent entities, subsidiaries, affiliates, directors, officers, agents, employees, the group leader, school, school officials, host schools, including any person or entity employed or utilized by The Fliers Club or host schools in any foreign country and hold them harmless for any liability, damages or obligation which I personally incur or sustain, or which I cause or contribute to causing to others, while participating on an The Fliers Club program. 
4. I understand it is my/my guardians’ responsibility to meet the group leader accompanying me on a program with The Fliers Club and satisfy myself/themselves as to the appropriateness of the group leader to meet my needs and I/my guardian will discuss with the group leader any special requirements for me that are requested. 
5. I understand that The Fliers Club reserves the right to reassign participants to a replacement group leader should the original group leader fail or be unable to participate in the program for any reason. 
6. I understand that the air carriers’ liability for loss or damage to baggage, or for death or injury to person or property, is limited by their tariffs and/or the Warsaw Convention and related agreements. Further, I understand that the air carriers assume no responsibility during such time that I am not on board their aircraft. 
7. I understand that future The Fliers Club advertising and publicity material may include statements made by participants, or their photographs/video footage (including social media content). I hereby consent to such use of my content, comments or photographic/video likenesses without the need for additional prior approval or consent. 
8.  I understand that I am responsible for exercising caution and common sense at all times to avoid injuries. I understand that The Fliers Club is providing, as part of the program fee, basic protection coverage (see page 7) for my benefit, including limited health, accident and life insurance in the event of injury or illness while on an The Fliers Club program, as well as limited program cancellation or interruption insurance if I fail to participate or am delayed in connection with an The Fliers Club program as a result of certain specified actions or events. I acknowledge that I accept the full description and limitation of this coverage that appears in the protection brochure, a copy of which is available upon request. 
9. I hereby waive and release The Fliers Club, its owners, parent entities, subsidiaries, affiliates, directors, officers, agents, employees, the group leader, and the host schools, including any person or entity employed or utilized by The Fliers Club or host schools in any foreign country, from all claims of or for liability, injury, loss, damage, accident, or expense in connection with a delay or failure of The Fliers Club to perform its obligations hereunder arising or occurring as a result of events beyond its control, including, without limitation, acts of God, war, terrorism, strikes, lockouts, incidents of politically-motivated violence or sanctions, sickness or quarantine, partner bankruptcies or discontinuance of services, government restrictions or regulations, pandemics, or health concerns. The Fliers Club will not provide any refund, travel credit, or postponement of travel, except to the extent provided under the Terms and Conditions that apply to your program or the Protection Plan in which you participate. This limitation of liability also pertains to The Fliers Club, absent its own gross negligence, in its use of any vehicle other method of transport or from The Fliers Club selection of, or from any act or omission by, any host family, bus or car rental agency, steamship, airline, railroad, taxi or tour service, hotel, restaurant, school, university, or other firm, vendor, agency, company or individual. 
10. If my local municipality, school, school board, school administration or similar group is officially sponsoring this program, I will receive written notification of that fact from my local municipality, school, school board, school administration or similar group, together with a statement of any responsibility for the program assumed by that organization. In the absence of such a written notification, I understand that the program is not officially sponsored or supported by my municipality or my school system, although they may, as a courtesy to the teacher involved, allow school or municipal premises or services to be used in connection with planning for the program. Therefore, my local school, school board, school administration, school officials, municipality and municipal officials have no liability or responsibility whatsoever with respect to the programs unless they expressly inform me otherwise in writing, and by going on an The Fliers Club program I expressly release and waive all claims of any type against any or all of the foregoing in any way related to, or arising out of, the program. 
11. I understand that The Fliers Club reserves the right to make changes to the program and/or program fee as described in the The Fliers Club Terms and Conditions without liability for refund or otherwise. 
12. I understand that obtaining a passport is my responsibility. If I am not a U.S. citizen, I understand it is my sole responsibility to obtain, in advance, any visas and other documents which may be required to enter or connect through all the countries on my itinerary and to re-enter the United States. If I have a passport from a country other than the United States, I must contact the local consular offices of the countries I will be visiting to obtain the necessary visas. I acknowledge that such visas are not obtainable on the spot overseas. Whether I am a U.S. citizen or not, The Fliers Club will not be liable and I will hold The Fliers Club harmless in the event I am unable to obtain the necessary documents for participation in the program. I understand that inability to obtain these visas and other documents does not constitute grounds for withdrawal with full refund; if this were to occur, I understand and acknowledge the standard refund policy will apply. 
13. I understand that The Fliers Club may provide without charge a rerouted or rescheduled itinerary if the U.S. Department of State issues a Level 4 Travel Advisory that Americans should not travel to any country scheduled on the itinerary and the official Level 4 Travel Advisory is in effect within 90 days prior to departure. In all cases The Fliers Club reserves the right to cancel, alter, relocate or postpone programs as it determines necessary without liability. 
14. I acknowledge, agree to and fully accept the terms of the Cancellation Policy as outlined below by the The Fliers Club including the following: 
    1. All cancelations must be made in writing to travel@thefliersclub.com and will be timestamped upon receipt. If you wish to cancel your booking, you should contact us as soon as possible. Cancellation may not be possible depending on the type of your booking and timing of your request and any cancellation is at our discretion.
    2. Where cancellation is acceptable, the amount refunded, varies depending on how much time there is before you are due to travel.
    3. Our standard cancellation charges cover the cost and timeline of the non-refundable payments made to our ground partners to secure tee times, hotel space, ground transportation, cultural entrances and local guides. 

    4. In certain cases, a replacement traveler may be utilized to obtain a full or partial refund for the canceling traveler. Depending on the time before departure, the replacement traveler must register with The Fliers Club and  complete the required payments in order to begin the refund process for the canceling traveler. The replacement traveler must assume any additional upgrades purchased by the canceling traveler- for example single room supplement, optional golf rounds or extensions etc.

       Our standard cancellation charges are set out below:

       All Deposits and First Installments are Non-Refundable.

       120 - 90 days before travel: 25% of total booking price

       89 - 65 days before travel: 50% of total booking price

       64 - 30 days before travel: 75% of total booking price

       29 - 0 days before travel: 100% of total booking price

       Any refund shall be made less any platform, transaction and processing fees that have been incurred.

15. I understand that group leaders who travel with The Fliers Club may receive complimentary benefits from The Fliers Club or its affiliates as compensation for leading, preparation and organization of the travel program. 
16. I agree that any and all disputes with The Fliers Club will be submitted to binding arbitration, to be conducted substantially in accordance with the rules of the American Arbitration Association. Unless The Fliers Club agrees to a different location, the arbitration shall be conducted in Suffolk County, Massachusetts. I agree that if I do not substantially prevail in the arbitration, I will be responsible for The Fliers Club expenses, including lawyers’ fees, incurred by The Fliers Club in participating in the arbitration. The decision of the arbitrator shall be final and non-appealable. I understand that by signing this agreement, I am giving up my right to have any claim against The Fliers Club decided in a municipal, state or federal court before a judge or jury. 
17. This agreement shall become effective when my application is accepted by The Fliers Club and shall be governed by the laws of the Commonwealth of Massachusetts. This agreement cannot be modified except in writing by The Fliers Club.