Terms & Conditions | General Information and Fees | Tour Purchase Contract
Additional tours for sightseeing are available. Total Futbol Experience (Tour Company) will make all the arrangements and the services of our local expert guide will be included in the cost. Some meals are on your own to give you freedom of choice unless specified otherwise in the final official itinerary.
Personal items – passport fees, laundry, beverages and whatever you buy for yourself. We also cannot include costs of immunizations, medical costs, costs of hospitalization or additional expenses arising from delay or extension of a trip due to weather, political disputes, pandemics, sickness, failure of transportation, or other causes beyond our control. The Tour Company cannot pay for any excess baggage costs over the amount imposed by the carrier.
Travel Insurance – see separate section.
Information regarding travel insurance has been made available and is the sole responsibility of the traveler. The company makes no recommendation and no coverage is available through Total Futbol Experience.
RESERVATIONS
To reserve space, return the completed application along with the executed terms and conditions for each adult participant and parent/guardian for every minor, with the required deposit of $300, unless otherwise agree to in advance in writing by the Tour Company.
PAYMENT SCHEDULE
Payments can be made in whole or in part, but must be concluded in the month prior to your travel departure month. The Tour Company does offer a monthly payment schedule utilizing recurring credit/debit payments, but also accepts monthly manual payments
via credit/debit or check payments. Contact the Tour Company for further details.
REFUNDS AND CANCELLATIONS
Any person withdrawing, by written cancellation after deposits are paid, will receive no refund. No refunds will be given for unused accommodations, meals, sightseeing trips or other arrangements for any reason whatsoever. Tour costs are quoted as a package,
and credits will not be given for services not used.
UNDERSUBSCRIPTIONS/OVERSUBSCRIPTIONS TOURNAMENT/EVENTS AMENDMENTS
Occasionally, due to circumstances beyond the control of the Tour Company, an event will be cancelled or postponed. Also, participants’ level of enrollment, for a particular tour or event, may require that we cancel or transfer you to another. If it is necessary to do this, the
Tour Company will inform the traveler at least 30 days prior to departure and may provide an alternate program and/or departure date, provided the Tour Company is notified by supplier(s) 30 days prior to departure. Any person canceling because of such a
change or modification must notify the Tour Company in writing, within 15 days of the Tour Company’s notification of changes to the traveler, to receive a partial refund (50% of trip cost paid, less any applicable cancellation fees). However, a change of departure date
within 48 hours of the original or revised departure date, does not constitute grounds for cancellation with partial refund.
CHANGES IN PROGRAM FEES
Tour costs quoted are based upon tariffs and foreign exchange rates as of 09/15/2020. We reserve the right to raise fees at any time if there are cost increases beyond our control, including foreign exchange rates. Program itineraries and accommodations occasionally
need to be changed to ensure the quality of the program that you have selected.
INSURANCE
You are expected to purchase insurance protecting yourself, your belongings and equipment, and reservation payments made through the purchase of a short-term travel insurance policy which includes trip cancellation and/or cancellation for any reason (CFAR)
coverage and benefits. In purchasing a trip or travel package from the Tour Company, you acknowledge your understanding of your obligation to purchase such insurance and agree to such terms. No such policy is made available through the Tour
Company, but information on travel insurance has been provided to each tour registrant. The Tour Company makes no claims and has no liability in regard to travel insurance of any type purchased by a tour registrant. Travel Insurance is available through myriad sources
and you may elect to purchase insurance from any carrier. Keep in mind that travel insurance is generally nonrefundable, and many providers require timely purchase (within 24 hours to 21 days of initial tour deposit) to qualify for all provisions and features of such
policy, including Covid-19, trip cancellation and CFAR coverages. Contact your travel insurance provider to ensure compliance with their rules and conditions.
PASSPORTS AND VISAS
You are responsible for all visas, entry, health and other requirements and any documents required by the countries visited. All persons traveling in Europe require a passport, valid for 6 months beyond the conclusion of their trip. It is the responsibility of each person to have a valid passport and necessary visas, as well as to comply with entry, health, or other requirements of the countries visited.
Agreement of Liability, Responsibility, and Release
I am a registrant for a travel program sponsored by Total Futbol Experience, LLC (the Tour Company), and agree to the following binding terms and conditions:
1. The Tour Company is responsible only for the intentional or willful acts or omissions of its own employees. Your group leader/coach/team manager is not an employee or agent of the Tour Company. Each program begins with the takeoff of the outbound flight and ends upon takeoff of the return flight, except for land-only travel arrangements, which start at the first hotel or motor coach departure and end with completion of services at the last hotel or motor coach arrival at the destination. The Tour Company does not
accept any liability for any loss, inconvenience or damage caused by war, threat of war, riot or civil strife, terrorist activity, industrial disputes, natural disaster, fires, pandemics, sickness, weather conditions, transport, airport regulations, temporary technical, mechanical or electrical breakdown within advertised accommodation, explosion of any nuclear plant or part thereof or radioactivity-contamination arising from such plant or other events beyond the control of the Tour Company. The Tour Company also is not responsible for personal injury, death, or property damage or delay caused by persons not controlled by the Tour Company such as (without limitation) your group leader, airlines, bus companies, railways, hotels, etc. No responsibility is incurred by the Tour Company for loss of passport, airline tickets or other travel documents, loss or damage to luggage or any other belongings, theft, or for consequential damages such as (with limitation) lost wages. The Tour Company will not be responsible for consequential damages in any event. The Tour Company reserves the right to exclude any participant from the program at any time for reasons which the Tour Company deems valid at its sole judgment. The Tour Company shall have the right, Agreement of Liability, Responsibility, and Release (continued) without refund, to send home, at his/her own expense, and without escort, any participant who appears to have abused drugs or alcohol, or engaged in any illegal or disruptive conduct;
2. If airfare is included as part of the tour program, a completed Air Reservation Form must be signed and returned to the Tour Company. The Air Reservation Form will be sent separately from the Terms &Conditions Form;
3. The air carrier’s liability for loss or damage to baggage is limited by the terms of the air carrier’s ticket. The air carrier assumes no liability for fragile or perishable articles. Excess valuation may not be declared on certain types of valuable articles. Higher limits of liability may be obtained from the carrier by paying the charge contained in the carrier’s tariffs, or optional baggage protection insurance can be purchased. The air carrier’s liability for death or injury is limited by their tariffs and/or by the Warsaw Convention and the airlines and/or travel agencies concerned are not to be held responsible for any act, omission or event during the time passengers are not on board the aircraft. The passenger tickets in use by the airlines when issued shall constitute the sole contact between the airline and the purchaser of these tickets or the passenger and the money paid to the Tour Company for air tickets is money paid in trust to airlines and the Tour Company shall assume no responsibility for fluctuations in pricing or scheduling. In the event of a default, or dispute, I agree that my sole recourse shall be with the airline, hereby releasing the Tour Company from any and all liability and costs
arising there from. Any checked baggage fees are not included in the package price and must be paid to the carrier(s) directly either at the airport or in advance;
4. Rates may be adjusted based on fuel surcharges, tax change(s), and/or currency exchange rate change(s);
5. The Tour Company reserves the right to make reasonable substitutions for any suppliers including but not limited to restaurants, hotels, and attractions. The Tour Company acts only as an agent for the various independent suppliers that provide hotel accommodations, transportation, sightseeing, activities, or other services connected with this tour. Such services are subject to the terms and conditions of those suppliers. The Tour Company and their respective employees, agents, representatives, and assigns accept no liability whatsoever for any injury, damage, loss, accident, delay, or any other incident which may be caused by the negligence, defect,
default of any company or person in performing these services. Responsibility is not accepted for losses, injury, damages, or expenses of any kind due to sickness, weather, strikes, hostilities, wars, terrorist acts, acts of nature, local laws or other such causes. All services and accommodations are subject to the laws and regulations of the country in which they are provided. The Tour Company is not responsible for any baggage or personal effects of any individual participating in the tours / trips arranged by the Tour Company. Individual travelers are responsible for purchasing a travel insurance policy, that will cover some of the expenses associated with the loss of luggage or personal effects. All fines or fees imposed upon the Tour Company due to the behavior and/or actions of participants within the group including, but not limited to, smoking in non-smoking room(s) and/or hotel, noise/disturbance fees, and property damages will be the sole and full responsibility of the contracting client/customer. The Tour Company is not responsible for any cancellation of any hotel, restaurant, and/or attraction or other services in connection with this tour due to any late or non-payment by registrant or group or those cancellations made by the hotel, restaurant and or attraction or other services which are outside the control of the Tour Company;
6. Special Needs: The registrant acknowledges that it is exclusively responsible to identify and resolve the special medical equipment requirements and recognizes that the tour may involve activities that are beyond the physical capabilities of some persons. The Tour Company disclaims any obligation to provide individual assistance with walking, dining, or attending to other personal matters. To the extent that any individual tour participant is disabled, the registrant acknowledges that they are exclusively liable to provide assistance to attend such needs as dressing, Agreement of Liability, Responsibility, and Release (continued) eating, moving about or participating in safety exercises;
7. The Tour Company is acting independently and has no business association as partner or joint venture with any group leader, carrier, resort, hotel, or other services. Any and all claims for inadequate performance or non-performance of such services
may be made against the supplier of those services but shall not be made against the Tour Company;
8. The Tour Company assumes no responsibility for any event occurring outside the scope of the program;
9. Any reservation cancellation in a Tour Company program must be timely submitted to the Tour Company in writing. Any refund request will be evaluated as detailed in the “General Information” section of the group’s contract and is at the discretion of The Tour Company. Participants have no right to a refund for any, meals, or services not used once the tour has started;
10. The Tour Company program fees are based on exchange rates as 09/15/2020, airfare and operating costs at the time of printing, and are subject to increases to reflect subsequent increases to these costs. The Tour Company also reserves the right to modify the itinerary, such as changing the order in which various countries and/or cities are visited or substitute alternate accommodations during peak travel periods;
11. All departure dates are subject to minimum enrollments. The Tour Company may discontinue a given program due to insufficient participation or other reasons, in which case the group leader will be notified in advance and may be offered an alternative program and/or departure date. Participants canceling because of such a change must notify The Tour Company and the group leader in writing within 15 days of The Tour Company’s notification of change to the group leader to receive a partial refund (50% of trip cost paid, less any applicable cancellation fees). However, a change of departure date to a date within 48 hours of the original or revised departure date does not constitute grounds for cancellation with partial refund;
12. The Tour Company and the air carrier have the right to substitute airlines, to make changes in type of aircraft, in the published itinerary, in departure and arrival dates and times, and the undersigned agrees to accept any such change. No refunds will be made in the event of necessary changes in the itinerary. Departure cities shown on program itineraries may not provide direct air service to your destination; it may be necessary to connect through some other U.S. or foreign airport;
13. The undersigned is responsible for obtaining and carrying a current passport(s) and the appropriate visa for countries to be visited, if applicable;
14. This agreement shall be governed by the laws of the State of Florida, which shall have exclusive jurisdiction in the case of any dispute between the parties;
15. Your agreement with The Tour Company cannot be modified except in writing by an officer of The Tour Company; no oral modification shall have any validity.
This agreement is directly between you and the Tour Company and may not be modified by any other party;
16. The invalidity of any of the provisions hereof shall not affect the validity of any of the other provisions, and the agreement shall be construed as though such
invalid provisions had never been contained herein;
17. Any film or video likeness taken of me and/or the other participants in my group while participating in a The Tour Company program and any comments or statements may be used in future materials published
by the Tour Company. The Tour Company has the permission to use, without compensation, any photo, film or video likeliness taken of a participant as well as any comment or statement made by him/her while taking part in the Tour Company’s trips in materials published by the Tour Company; Agreement of Liability, Responsibility, and Release (continued)
18. EXCEPT AS PROVIDED ABOVE, I, FOR MY SELF, MY
HEIRS, AND PERSONAL REPRESENTATIVES, EXECUTORS AND/OR ADMINISTRATORS HEREBY RELEASE THE TOUR COMPANY, ITS AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND COSTS, INCLUDING LEGAL FEES, ARISING FROM ANY EVENT, ACT, OR OMISSION INVOLVED IN THE TRAVEL PROGRAM SPONSORED BY THE TOUR COMPANY;
19. I CERTIFY THAT I HAVE READ ALL PAGES OF THIS DOCUMENT INCLUDING THE GENERAL INFORMATION SECTION AND AGREE THAT ALL TERMS AND CONDITIONS STATED HEREIN ARE FULLY INCORPORATED IN THIS AGREEMENT.
Terms and Conditions
Agreement between User and www.totalfutbolexperience.com
Welcome to www.totalfutbolexperience.com. The www.totalfutbolexperience.com website (the “Site”) is comprised of various web pages operated by Total Futbol Experience, LLC (“TFE”). www.totalfutbolexperience.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.totalfutbolexperience.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.totalfutbolexperience.com is an E-Commerce Site. Soccer, sport and student travel, soccer training and camps, and setting up futbol matches
Privacy
Your use of www.totalfutbolexperience.com is subject to TFE’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.totalfutbolexperience.com or sending emails to TFE constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TFE is not responsible for third party access to your account that results from theft or misappropriation of your account. TFE and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
TFE does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.totalfutbolexperience.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Any person withdrawing, by written cancellation after deposits are paid, will receive no refund. No refunds will be given for unused accommodations, meals, sightseeing trips or other arrangements for any reason whatsoever. Tour costs are quoted as a package, and credits will not be given for services not used.
Links to Third Party Sites/Third Party Services
www.totalfutbolexperience.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of TFE and TFE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TFE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TFE of the site or any association with its operators. Certain services made available via ww.totalfutbolexperience.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.totalfutbolexperience.com domain, you hereby acknowledge and consent that TFE may share such information and data with any third party with whom TFE has a contractual relationship to provide the requested product, service or functionality on behalf of
www.totalfutbolexperience.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use www.totalfutbolexperience.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to TFE that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TFE or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TFE content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or
attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TFE and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TFE or our licensors except as expressly authorized by these Terms.
International Users The Service is controlled, operated and administered by TFE from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TFE Content accessed through www.totalfutbolexperience.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless TFE, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TFE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TFE in asserting any
available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TOTAL FUTBOL EXPERIENCE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. TOTAL FUTBOL EXPERIENCE, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TOTAL FUTBOL EXPERIENCE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOTAL FUTBOL EXPERIENCE, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOTAL FUTBOL EXPERIENCE, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
TFE reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TFE as a result of this agreement or use of the Site. TFE’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TFE’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TFE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TFE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TFE with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
TFE reserves the right, in its sole discretion, to change the Terms under which www.totalfutbolexperience.com is offered. The most current version of the Terms will supersede all previous versions. TFE encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
TFE welcomes your questions or comments regarding the Terms:
Total Futbol Experience, LLC
1991 E STATE RD 60
VALRICO, Florida 33594
Email Address:
support@totalfutbolexperience.com
Telephone number:
813-616-2800
Effective as of January 01, 2018