This Booking and Participation Agreement (“Agreement”) represents the terms under which intelli.tours LLC (“intelli.tours”, “We”, “US”, or “Our”) the tour operator for RC PhotoJourneys (RC “PhotoJourneys”, “They”. “Them” or “Their”) offers you and those whom you may book (collectively “You”, “Your”, “Yours”, “Yourself”) an RC PhotoJourney photo workshop (“Journey” “the Journey”).
intelli.tours LLC is the official tour operator for RC PhotoJourneys.
We (intelli.tours LLC) as the tour operator for Them are responsible for the following: Contracting, organizing and supervising all ground transportation at the destination hotel arrangements, tours, excursions, included dining options, tour guides, contracting of other service personnel (including models), and all other arrangements and services from Your arrival to the destination until Your drop off at the destination airport on the final day of the Journey.
RCPhotoJourneys markets and sells the Journeys that We, intelli.tours LCC create for Them as Their tour operator.
They (RC PhotoJourneys) are responsible for all photography arrangements, photography workshops, photography instruction, and any and all other photography related offerings, services, or events.
When You pay for the Journey by RC PhotoJourneys You will be paying to and will be charged by Us, intelli.tours LLC.
Please read these terms carefully before making a deposit or payment for a Journey.
By booking a Journey for Yourself as described, advertised, and promoted on www.rcphotoJourneys.com (Their Website) and paying Us a deposit or full Journey fee for a Journey, You are entering into and agreeing to the totality of this Booking and Participant Agreement (“Agreement”) with Us.
This Agreement also refers to and applies to the third-party, independent contractors (“Suppliers”) whom We or They engage to organize and execute The Journey.
These terms may be supplemented by additional terms and conditions specific to the Journey or to all Journeys (“Supplement”).
The terms and conditions of this Agreement apply to the Journey and the program for the Journey (the “Itinerary”).
In the event of a conflict between this Agreement and the Itinerary and/or the Supplement, the Supplement will apply.
BOOKING A JOURNEY CONFIRMS YOUR AGREEMENT WITH THIS ENTIRE AGREEMENT
1. TRAVEL INSURANCE: We recommend that You purchase a travel protection plan that includes trip cancellation, trip interruption, and medical insurance. You are under no obligation to purchase any plan, including any plan that we that We recommend. We are not responsible for any travel plan that You do chose to purchase. Any questions about what travel insurance does or does not cover should be addressed directly to the travel insurance company. If You decline insurance coverage, You will personally assume full responsibility for any financial costs and/or loss associated with Your travel arrangements, and You could lose Your travel investment and/or have to pay more money to correct the situation. It is important that You purchase travel protection plans as soon as possible after You book The Journey to ensure that You qualify for all benefits. For our travel insurance recommendation, please email email@example.com and reference RCPhotJourneys.
2. BOOKING ON BEHALF OF OTHERS: If You book a Journey on behalf of any other traveler(s), You are considered by Us to be the designated contact person for all participants included in the booking(s), and You will be held by Us as responsible for making all payments for The Journey booking(s) and keeping the traveler(s) for whom You booked informed. By booking on behalf of another traveler or travelers, You represent and warrant that You have obtained all required consents. It is Your responsible to verify that all information You provide on behalf of another traveler or travelers is complete and accurate and understand that We will, under no circumstances, be held responsible or liable for any errors or omissions in the information provided to complete any Journey booking or Your inaction in keeping anyone on whose behalf You book informed of all information regarding the Journey.
3. AGE REQUIREMENTS: All travelers must be eighteen (18) years of age or older to book any Journey. Any traveler under eighteen (18) years of age must be accompanied by a paying traveler eighteen (18) years of age or older.
4. JOURNEY BOOKINGS: Journey bookings may be made with Us on Their Website and You understand that you are puchasing with Us (intelli.tours,LLC) and not Them (RCPhotoJourneys.) You may book The Journey with a deposit as indicated or choose to pay the complete Journey fee when You book. Upon receipt of Your deposit or full payment, We will send You a confirmation of Your booking. If a Journey is already full and You wish to be put on Our waitlist, We will accept Your deposit on a standby basis, and if space becomes available, You will have the option to join the Journey by paying in full or opt out of the Journey for a full refund of Your deposit. (All payments for all Journeys are made to intelli.tours LLC as the tour operator for RC Photo Journeys)
5. PAYMENTS: Unless otherwise offered by Us and per the following payment schedule, only payment by credit card is accepted for the initial booking, additional payments, and final payment of any Journey,
Upon receipt of Your deposit or full payment, We will send You a confirmation of Your booking. If a Journey is already full and You wish to be put on Our waitlist, We will accept Your deposit on a standby basis, and if space becomes available, You will have the option to join the Journey by paying in full or opt out of the Journey for a full refund of Your deposit. (All payments for all Journeys are made to intelli.tours LLC as the tour operator for RC PhotoJourneys.)
6. CANCELLATION BY YOU: You may cancel Your booking for a full refund within 72 hours of Your initial payment by deposit or full payment. After this 72-hour no-questions-asked cancellation grace period, Your deposit and any payments toward the final Journey price are non-refundable. Bookings made 50 days or less in advance of the Journey departure date require full payment and are not eligible for any refund if canceled. Cancellation requests require that You forward the Journey booking confirmation by email to firstname.lastname@example.org within 72-hours of Your initial booking. Your cancelation date and time will be the date and time of which We receive Your cancellation request by email. Your decision not to participate in the Journey due to U.S. State Department warnings, fear of travel, illness, or any other reason will be handled as a cancellation per Our cancellation policy as outlined above.
7. CANCELLATION OR DATE CHANGES BY US: We and They reserve the right to cancel any Journey because of inadequate enrollment that makes the Journey economically infeasible to operate or for any other reason that in Our or Their sole discretion, necessitates cancellation. Should We or They cancel the Journey for any reason, neither We nor They shall have any liability beyond the prompt refund of all of Your payments received by Us. Under no circumstances shall We or They be liable to You for any other costs, damages, or refunds of any kind for any loss, delay, inconvenience, disappointment, or expense whatsoever including, but not limited, to airfare, passport expenses, travel insurance etc.
8. CANCELLATION BY YOUR TRAVEL COMPANION: If Your travel companion with whom You are sharing a double occupancy room should cancel and You are unable to secure another traveler-roommate or We are unable to secure a roommate for You, You will be considered a single traveler and subject to the single supplement charge that must be paid in full before departure or the Journey will be canceled with no refund if after the initial 72-hour no-questions-asked cancellation grace period.
9. REFUNDS: In the case that any refund is issued by Us, it is under the express conditions and Your understanding and agreement that Our issuance of any refund releases Us from all further liability and You thereby waive all additional rights and remedies under this Agreement or any applicable state, federal, or foreign law for any claims of any kind. You further understand that Our issuance of any refund for any reason is not in any way an admission of liability, responsibility, culpability, error, or malfeasance by Us, Them or any entity with which or person with whom We or They contract services. Additionally, unless as decided otherwise by Us, and at Our sole discretion, no refund will be given for any unused Journey features or services, whether because of Your choice, operational reasons, bad weather, or any other reason.
10. ERRORS: In case of any printing, typographical; computer; verbal or human errors on any printed, electronic or digital advertisement, correspondence or representation of the Journey, or any functionality error on Our Website or Their Website, We reserve the right to invoice or re-invoice You with corrected billing or cost information, and You agree to pay the adjusted prices with no claim against Us or Them for any error or, at Our sole discretion, receive a full refund the total paid.
11. PRICING: Published and quoted Journey prices are per person, double occupancy, except where indicated. All prices are based on current rates of exchange, tariffs, and taxes in effect at the time of publication. Until such time as The Journey is paid in full, We reserve the right to increase Journey prices to cover increased costs, tariffs, taxes, and other price increases and variances received after prices are published and to reflect fluctuations in foreign exchange markets. We do not provide a breakdown in the price of a Journey or its parts. The final number of travelers on a Journey will not affect the published price. Please see the sections INCREASES IN TAXES, FEES, OR SURCHARGES and FLUCTUATIONS IN CURRENCY EXCHANGE RATES for additional details.
12. INCLUSIONS: Quoted Journey prices include: Hotel accommodations, meals, beverages, tours, excursions, entrance fees, and all ground transportation at the destination per the specific Journey Itinerary; en-route expenses of $50 each way to/from the destination (provided to You as a debit card in advance of the Journey); the 24/7 services of an Tour Director; all baggage handling from arrival in the destination city (after customs and immigration) to drop off at the airport on the final day; services of English-speaking guides; and all gratuities.
13. EXCLUSIONS: Quoted Journey prices exclude: Airfare to and from the Journey destination; any travel protection plan; costs associated with obtaining passports or entry visas; airline baggage charges; personal expenses; souvenirs; any additional gratuities that You may wish to give to drivers or guides; snacks and beverages other than those specified in the Journey Itinerary or offered to You as complimentary on The Journey; optional sightseeing not included in the Itinerary; communication charges, any optional activities; additional beverages at included meals; any government fees or other such taxes or costs not covered in the inclusions for the Journey; any other expenses not expressly stated in the Journey Itinerary; or any fees or supplies charged separately by or required Then (RC PhotoJourneys.)
14. SINGLE TRAVELERS: Our quoted and published Journey prices are per person and based on double occupancy. Single occupancy requires the payment of a single supplement for hotel accommodations and is represented by the single price offered on Our Website during the booking process. The specific amount of the single supplement may vary by Journey and by date. There are NO other additional single supplement costs on any Journey. At Your request, We will make every effort to match You with a same-gender roommate when We receive Your booking. You will be required to pay the single supplement when You book the Journey. If We are successful in accommodating You with a same-gender roommate, We will reimburse You the single supplement to the payment method used to reserve the Journey within 5 business after the Journey is completed. We assume no responsibility of any type for Your agreement to share an accommodation with any other traveler whether We facilitate that arrangement, or You organize it Yourself.
15. ROOMMATE INCOMPATIBILITY OR CHANGE FROM DOUBLE TO SINGLE: If You or Your roommate — even if We or They assisted in matching You with a roommate — request to be separated during The Journey, it will be Your joint responsibility to cover any such costs as indicated by the hotel for the rooming adjustment, and Neither We nor They assume any responsibility for any such adjustments. Neither We nor They can guarantee the negotiated group rate at any hotel on The Journey when changes are made while traveling — even if in advance of the arrival to a particular hotel. You and Your roommate will be liable for the rate quoted by the hotel for the room type or types available, which may be inferior or superior to the room categories offered to intelli.tours for the group. It will be Your and Your roommate’s responsibility to agree on payment for any additional charges. All accommodation adjustments are based on hotel availability, and neither We nor they assume any responsibility for the availability — or lack thereof — of accommodations to fulfill Your rooming adjustment. In the eventuality that the hotel or hotels cannot offer You accommodation adjustments, Neither We nor They assume no responsibility, nor will We or They be liable for any reimbursement to You or Your roommate for any reason.
16. INCREASES IN TAXES, FEES, OR SURCHARGES: You are responsible for any increases in taxes, fees, or surcharges imposed at any time before or during The Journey by the United States government, any foreign government, tourist agency, airline, or other official entity in the country or countries to be visited. If time allows, We will invoice You these costs and indicate to You the timeframe for payment. Please be advised that nonpayment may result in the cancellation of The Journey and forfeiture of all monies paid toward the cost of the Journey.
17. FLUCTUATIONS IN CURRENCY EXCHANGE RATES: We endeavor to keep land costs set as published. However, the reality is that land costs are quoted to Us in foreign currency and up to a year in advance of The Journey. While it is unlikely that such costs will need to be adjusted, please be advised that should there be a change of more than 5% between the foreign exchange rate used to calculate the cost of The Journey as of May 01, 2019 and the exchange rate forty (40) days before the departure date of The Journey that requires Us to increase any destination land costs, We reserve the right to invoice You for this increase and You agree to pay such cost immediately upon receipt of receipt of the invoice. Please be advised that nonpayment may result in the cancellation of The Journey and the forfeiture of all monies paid toward the cost of the Journey per Our cancellation policy.
18. TRIP INTERRUPTION: If due to Weather, schedules or other factors Your flights or any transportation to reach the starting city of The Journey are delayed You will be solely responsible for such costs, including any costs You incur to join The Journey. Neither We nor They have any liability nor responsibility to refund of any part of the Journey that You may miss, any costs You may incur to join the Journey, or any responsibility of any kind for the delay and any such costs or consequences.
19. FOOD AND BEVERAGE: You understand that food handling and hygiene standards in other countries can be drastically different than those in the United States; that the understanding and ability to accommodate food allergies and other particular dietary needs may be non-existent; that We make no guarantees, representations, or warranties, whether express or implied, regarding any restaurant, market, or other food establishment in which You may eat, nor any food or beverage whether as a part of the Itinerary or a recommendation or offer by Us or any Supplier; that it is always Your choice and Your right to refuse any food offered by Us or any Supplier; that You are responsible for any expenses that relate to Your food allergies or particular dietary needs that keep You from eating during the included meals or any other time food and beverage is offered; and that You accept sole responsibility for and hold Us and Them harmless for all risks and consequences of — medical, financial, and otherwise — including, but not limited to, food poisoning, intoxication, sickness, allergic reaction, inability to participate in an activity on the Journey, or death associated with any food or beverage that You may consume on the Journey — whether offered or included in the Itinerary or recommended by Us, Them, or any Supplier.
20. BAGGAGE AND PERSONAL BELONGINGS: We assume no liability for loss or damage to baggage in transit to and from The Journey nor while on The Journey nor for any personal belonging or effects that You bring with You. We further recommend that You take advantage of any secured safe in Your room or as otherwise maybe offered by the hotel(s) in which You stay on The Journey.
21. PHOTOGRAPHY: We and They reserve the right to take photographs and video during the Journey or part thereof for promotional purposes during and thereafter. By booking a Journey, You agree to allow Your images to be used in such photographs and video. If You prefer that Your images not be used, You are asked to identify Yourself to us or Them at the beginning of the Journey. We also ask that You be sure to remind Us, Them and all staff along the way of Your preference not to be photographed. In all cases, while We and They will do our best to respect your request, You are ultimately responsible to ensure that you do not appear in any photography, recording, video, or other media.
22. PASSPORTS AND VISAS: You are solely responsible for complying with all passport and visa requirements for the Journey. We assume no financial responsibility for any cancellations or delays resulting from invalid passports, visas, or other travel document requirements, or for tickets or other travel documents that do not reflect Your name exactly as it appears on Your passport; and We are not responsible to offer any refund or other compensation in such situations. We recommend that Your passport be valid for a minimum of six (6) months beyond Your intended return date and that You have at least one (1) blank visa page within Your passport. Currently (May 01, 2019) U.S. passport holders do not require a visa to enter Mexico. If You hold a foreign passport, please check with the consulate of the country/countries on the Itinerary to know if You require a visa to enter.
23. FINAL DOCUMENTS REVIEW: We take the utmost care in making sure the information on Your Itinerary and travel vouchers (collectively, “Final Documents”) is complete and accurate, but it is Your responsibility to carefully read and review the final documents upon receipt. Failure to contact US in time to allow for the correction and re-sending of the final documents could result in the loss or cancellation of Your reservation, tickets, or services listed on the documents for which We will not be responsible and for which in such a case no refunds will be offered.
24. SUBSTITUTION BY US: We will make commercially reasonable efforts to honor the Itinerary as shown for The Journey; however, the final Itinerary may vary due to availability and other factors beyond Our control. All schedules, Itinerary destinations, hours of arrival and departure, hotel accommodations, ground transportation, restaurants, shopping, activities, tours, and all other aspects of the Journey are subject to change without prior notice by Us, Them, or Our Suppliers. The Itinerary for the Journey is a tentative representation of each day, and neither We nor They can be held to any specifics of such details as represented on Our Website, Their website or in any documents We or They may provide to promote the Journey or inform on the same. We may, in Our sole discretion, substitute services such as hotels, restaurants, tours, or other services of similar quality (based on Our determination) for any service or goods stated in the Itinerary for the Journey. Neither We, They nor any Supplier, affiliated party, employee, or any other person, party, or entity involved in the Journey shall be required to refund any charges, in whole or in part, for any such changes, modifications, substitutions, or changes that We or They deem necessary to make before or during The Journey.
25. NAME CHANGES: You may make name changes and substitute travelers for the Journey up to five (5) days before departure. We do not charge for name changes, but You may be liable for change fees from airlines or other transportation providers that you use to reach return from the destination. Please note: If the name change or substitution of a traveler is for a Journey booked as a shared double — or for a single accommodation for which We have assisted You in acquiring a roommate to share as a double accommodation — We will require that a consent be signed by the other traveler who will occupy the room, and should that other traveler refuse to accept the name change or traveler substitution, Your request will be deemed as a cancellation, The Journey will be canceled, and there will be no refund offered to You per Our Cancellation Policy.
26. MEDICAL CONDITIONS, HEALTH, AND CAPABILITIES: The pacing and physical requirements of the Journey, while not strenuous, do require walking, and many historic sites are only accessible on foot and involve stairs or inclines, roads may be narrow and winding, and facilities may lack any accommodation for physical differences. The Americans with Disabilities Act does not apply abroad. Suppliers on the Journey may not have the infrastructure to make special provisions nor to accommodate special equipment that You may require. You must disclose to US when You book the Journey (or at such later time when You become aware of such a condition) of any existing limiting physical or mental conditions, disability, pregnancy, or any other such condition that may create a health challenge or hazard for You or others during the Journey or for which You may require medical attention or special accommodation during the Journey. We will make reasonable efforts, as determined solely by US, to accommodate Your needs; however, We regret that neither We, They, nor any Supplier on The Journey can provide individual assistance to You or anyone traveling with You for walking, dining, getting on and off motor coaches and other transportation vehicles, or other personal needs. Travelers who need such assistance must be accompanied by a qualified companion. We may require that, at Your expense, We provide You with, Itinerary adjustments, separate ground transportation and a guide to accompany You or other such requirements as an additional condition of Your participation on the Journey. In addition, We will require that You and anyone traveling with You sign a waiver of liability. We reserve the right to decline any traveler, cancel any booking for any traveler, or remove any traveler from a Journey, at any time, whose condition or requirements, in Our sole opinion, or in the opinion of any Supplier on the Journey, cannot be effectively or consistently met, that may affect the health, safety or experience of other travelers, or for whom accommodation cannot reasonably be made. In such cases any refund offered will be based on Our ability to recover Our costs for the services reserved and paid for.
27. CONDUCT DURING THE TOUR: You are responsible for respecting the authority of and following the directions of Our staff, Their staff, all officials, all Suppliers — including drivers guides, hotel employees, tourist site staff, and restaurant personnel — and the laws and norms of the countries in Your Itinerary during the Journey. We may exclude You from participating in all or any part of the Journey if, in Our or Their sole discretion, Your condition or behavior renders You unfit for the Journey or unfit for continuation once the Journey has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate, illegal, immoral, or offensive, or interferes with the delivery of Journey services, the enjoyment of the Journey by other travelers, or may constitute a hazard or embarrassment in any way. Should We deem it necessary to exclude You from the Journey or any part of the Journey it will be at Your expense. You will forfeit the costs associated up to and including the entire Journey fee, and We shall have no liability, financial or otherwise to You or Your travel companions for reimbursement of any cost to to You or to those other travel companions – including any unused portion of the Journey that may remain. You and any other traveling companions agree to indemnify and hold Us and Them harmless from and against any costs, damages, losses, or liabilities arising out of Your actions as outlined above.
28. SUPPLIERS’ ACTS OR OMISSIONS: We organize and arrange the travel services detailed in Your Itinerary, ground transportation, lodging tours, guides, dining, and food. We do all in Our power to assure that all Suppliers are compliant with local legal and business requirements. We do not own nor operate any of these Suppliers. The Suppliers providing travel services for the Journey are independent contractors and are neither Our nor Their agents or employees. By utilizing the services of the Suppliers on the Journey, You agree that either We nor They are responsible for direct, indirect, consequential, or incidental damage, injury, loss, accident, sickness – including death, delay, or irregularity of any kind occasioned by reason of any act or omission, including, without limitation, any negligent or willful act or failure to act of, or breach of contract by, any Supplier or any other third party on the Journey. The Journey may include visits to shops, artisan communities, markets, and other merchants, neither We nor They are responsible for any purchases You make during Your trip, whether or not that merchant is part of the scheduled itinerary or recommended by Us, Them, or any Supplier. You further understand that even if a Supplier wears Our or Their logo on his or her clothing or otherwise identifies himself or herself as with Us or Them by use of Our or Their logo or Our or Their name that such use is only for identification purposes for You on the Journey and does not in any way indicate that the Supplier is Our or Their employee or agent.
29. REPRESENTATIONS BY RC PHOTOJOURNEYS: We are also not liable for any representations of the Journey that are made by RC PhotoJourneys that are not as detailed in this Agreement, or as outlined on the specific Journey Itinerary.
30. LIMITATION OF LIABILITY & DAMAGES AND ASSUMPTION OF RISK We and They, Our or Their employees, shareholders, officers, directors, successors, agents and assigns, do not own or operate any property or entity which is to or does provide goods or services for the Journey. We purchase transportation (by aircraft, coach, car, van, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from any and every independent supplier. All such persons and entities are independent contractors. As a result, neither We nor They are liable for any negligent or willful act of any such person or entity or of any third person. In addition and without limitation, neither We nor They are responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time. There are many inherent risks in travel of any type, which can lead to illness, injury, or even death. These risks are increased by the fact on that on international Journeys general conditions, safety standards and medical facilities may be different from those in the United States. You assume all such risks associated participation. By participation in any activities, excursions, event, or other such offerings (collectively, “Activities) as outlined on Your Itinerary or as presented as an option during the Journey, You fully understand and acknowledge that Activities carry various inherent risks, including illness, injury or death, and You take complete responsibility for Your own health and safety on the Journey and agree to assume all risks of injury, illness or death, whether foreseen or unforeseen, that may befall You as a result of participating in any Activities and You agree to release Us and Them and Our and Their affiliates, agents, employees and representatives from any liability whatsoever related thereto. Further, as consideration for being permitted to participate in any Activities; You release Us and Them, whether known or unknown, from, and agree not to sue or make claim against Us or Them, for, property damage, cancellation of any Activities for any reason, illness, negligent rescue operations or procedures, personal injury, or death arising out of Your participation in the Activities, and any activity related thereto, including transportation to and from the site of the Activities, regardless of whether such property damage, illness, personal injury, or death results from the negligence of Us or Them (but not reckless, willful, or fraudulent conduct), and/or from any defect in equipment. You further agree to indemnify and hold US and Them harmless with respect to any claim made against Us or Them by anyone else which (a) related to Your participation, or (b) which would be subject to the above release and covenant not to sue if You had made the claim directly Yourself. You also agree that in the event of a claim by You or any other traveler on a Journey relative to the services, arrangements, or any other liability whatsoever for which We or They may be responsible, Our and Their liability shall not exceed the total amount paid to US for the Journey. This LIMITATION OF LIABILITY & DAMAGES AND ASSUMPTION OF RISK section is in addition to, and not a limitation of or to, the other terms and conditions detailed in this Agreement.
31. TRAVEL ADVISORIES AND WARNINGS: It is Your responsibility to become informed about the most current travel advisories and warnings. We recommend contacting the Travel Warnings Section of the U.S. State Department at 202.647.5225 or www.travel.state.gov, and click on “Travel Warnings.” For medical information, We recommend contacting the Centers for Disease Control at 877.FYI.TRIP or www.cdc.gov/travel. Your decision not to participate in the Journey due to State Department warnings will be deemed a cancellation and handled per Our cancellation policy as outlined above.
33. ARBITRATION AND WAIVER OF TRIAL BY JURY You agree to present any claims against US in writing by certified mail within ninety (90) days after the Journey ends. If We are unable to mutually resolve Your claim, in lieu of litigation or jury trials—which you expressly waive by acceptance of this Agreement — any dispute any controversy, claim or dispute arising out of or relating to this Agreement; any Supplement to Agreement; to the limits on Our or Their responsibility; to any brochure or any information regarding any Journey; service or package; or to any related Journey, activity, service or package, any information on Our Website or on Their website; or on Our or Their social media shall be submitted exclusively to and resolved in binding arbitration in Des Moines, Iowa, according to the then existing rules of practice and procedure of the Iowa Arbitration Association LLC. before a single arbitrator appointed by Iowa Arbitration Association LLC. Any party or their representative may appear for the arbitration by telephone or video conference. Each party shall bear its own fees, costs and expenses and an equal share of any arbitrator and administrative fees. The decision by the arbitrator(s) shall be the final and binding resolution of the dispute. Such proceeding will be governed by the substantive law of the State of Iowa. 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 Agreement and/or any Supplement, including but not limited to any claim that all or any part of this Agreement is void or voidable.
34. AMENDMENTS: We reserve the right to correct any errors or omissions in Our published materials and to amend these Booking Terms and Conditions at any time as the result of any material changes to legislation or regulation or necessity. All amended Terms and Conditions shall automatically be effective upon being posted to Their website. We advise You to check their Website prior to travel in order to ensure You are aware of any changes.