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  • Complete Agreement: These booking conditions, together with other terms incorporated into this contract referred to below, represent the entire agreement between the parties.
  • Changes: Peony Tours shall be responsible to the guest for providing the services and accommodations described in this brochure, except where they cannot be supplied, or the itinerary is amended due to delays, or other causes of whatever kind or nature beyond Peony Tours control. In such circumstances, the operator will seek to supply comparable services, accommodations, and itineraries and there shall be no refunds in these circumstances.
  • Disclaimer of Liability: Neither Peony Tours, nor its operator, nor its agents, employees or affiliated entities, (“released parties”) shall be responsible or liable for cancellations, acts of other service providers, diversions or substitutions of equipment or any act, variation or postponement, omission or default by air carriers, land carriers, hoteliers, or hotels, transportation companies, or any other persons providing services, accommodations to guests including any results thereof, such as changes in services, accommodations or facilities. Nor shall they be liable for loss or damage to baggage or property, or for injury, illness or death, or for any damages or claims whatsoever arising from loss, negligence or delay, from the act, error, omission, default, or negligence of any person not its direct employee or under its exclusive control, including any act, error or omission, default, or negligence, of any country, government, or governmental authority, officer or employee. The released parties shall not be liable for indirect, special or consequential damages.
  • Additional Risks: Additional risks and dangers may arise including, but not limited to, hazards of traveling in undeveloped areas, hazards of travel by boat, train, automobile, aircraft and other means of conveyance, animal interactions, forces of nature, civil unrest, hazardous local customs and practices, differing levels of sanitation, differing health and safety standards, risks associated with water, food, plants, insects and differing wildlife regulation, accident and illness in areas lacking means of rapid evacuation or medical facilities. These risks do not form an exhaustive list but are examples of some of the many kinds of risk. You are voluntarily participating in these activities with the knowledge that there are significant dangers involved, and you hereby agree to accept any and all risks. As lawful consideration for the agreement with Peony Tours to participate in such guided tours and associated activities you agree you will not make a claim against Peony Tours, its related companies or personnel, or sue for bodily injury, emotional trauma, death, property loss or damage, or other loss, cost or expense, however caused, as a result of, or relating to your contracting for, traveling to or from, or in any and every other way participating in a guided tour. You release Peony Tours, its related companies and its personnel from any and all claims, known and unknown, arising from contracting for, traveling to and from and in any and every way participating in a guided tour. This release of liability and assumption of risk agreement is entered into on behalf of you and all members of your family and party, also including minors accompanying you. This agreement also binds your heirs, legal representatives, and assigns.
  • Arbitration as Exclusive Dispute Resolution, Waiver of Trial by Jury, and Class Action Waiver
    You agree to present any claims against us within ninety (90) days after the Tour ends and to file any suit within one (1) year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one (1) year. In lieu of litigation and jury trials, each of which is expressly waived, any dispute concerning, relating or referring to this Travel Agreement, the brochure, or any other literature concerning your trip or the Tour shall be resolved on a confidential basis exclusively by binding arbitration in Los Angeles, California according to the then existing commercial rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the travel industry and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of an arbitration may be confirmed in a court of competent jurisdiction. Such proceeding will be governed by the substantive law of the State of California. The arbitrator(s) and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Travel Agreement, including but not limited to any claim that all or any part of this Travel Agreement is void or voidable.
  • You agree to the exclusive resolution of disputes you may have against Peony Tours is through individual arbitration on your own behalf instead of through any class action. Even if the applicable law provides otherwise, you agree that any arbitration against Peony Tours whatsoever shall be litigated by you and not as a member of any class or as part of a class action, and you expressly agree to waive any law entitling you to participate in a class action. The general conditions under which you agree to utilize the services of Peony Tours may not be amended in any way, except in writing, by an authorized officer of Peony Tours. By utilizing the services of Peony Tours, you agree that the exclusive venue for all claims shall be the County of Los Angeles, State of California, and such claims shall be determined according to the laws and jurisdiction of the State of California.