Update: July 9, 2018
Welcome to www.BuckinghamTours.com and all Buckingham Tours, LLC subdomains which is operated by Buckingham Tours, LLC. These Terms and Conditions of use (these "Terms") apply to your use of www.BuckinghamTours.com or any successor website of Buckingham Tours, LLC (the "Site") and any services or content made available through the Site (collectively, with the Site, the "Services"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise. Customers and distributors of Buckingham Tours, LLC' products and services may be subject to additional terms and conditions. Buckingham Tours, LLC and its subsidiaries are trading names of Buckingham Tours, LLC, a U.S. business registered in the State of Florida. The head office is at 9910 Estero Oaks Drive, Suite 202, Fort Myers, Florida 33967 USA. The following Booking Conditions form the basis of your contract and you should therefore read them carefully. In these conditions, Buckingham Tours, LLC means Buckingham Tours, LLC.
Reference to SUPPLIERS and SERVICE PROVIDERS means all third parties who provide services to you including airlines unless otherwise specified.
The following Booking conditions apply to all bookings with or through Buckingham Tours, LLC. These Booking Conditions supersede any others expressed in any other by Buckingham Tours, LLC materials.
Buckingham Tours, LLC will work diligently to ensure all scheduled travel events depart as planned. Assuming a minimum total group size of 6 (or the minimum size communicated to you for your specific Travel Event) passengers the departure date and itinerary will remain the same. However, if the group has fewer than the minimum needed for the travel event, the program will be offered as an independent travel experience. Travelers will know at least 90 days prior to departure and will then have the opportunity to continue with their travel plans or cancel with refund.
Buckingham Tours, LLC acts as an agent for any travel arrangements for suppliers of air and land services. The contracts to provide your travel services will be directly between you and the suppliers concerned. Since Buckingham Tours, LLC has no control over the suppliers or their employees we cannot accept responsibility in relation to such arrangements and liability rests solely with the supplier(s) concerned. Copies of relevant supplier’s conditions, which will apply to your booking, are available upon request. In the event of a supplier canceling or making changes to your booking(s), we will endeavor to assist, but we regret we cannot accept liability nor can we be responsible for any costs or expenses you may incur as a result.
Bookings are accepted by phone and email. Once you have booked particular arrangements, our travel event APPLICATION must be completed and signed by each passenger participant who is 18 or over. An adult must complete and sign a travel event application for accompanied children under 18. Buckingham Tours, LLC will confirm your arrangements by sending you a Confirmation Invoice (a letter of receipt delivered digitally via email or hard copy via US Mail) upon receipt of the signed travel event APPLICATION and receipt of the appropriate deposit/full payment, so that your Buckingham Tours, LLC travel event is secured. The contract goes into effect when the Confirmation Invoice is issued by, or on behalf of, the relevant supplier or Buckingham Tours, LLC. Sometimes Buckingham Tours, LLC is unable to confirm certain arrangements immediately (e.g. where accommodation is only available upon request or in certain group cruise or tour scenarios). In this case, a contract for the services will only go into effect once we have specifically confirmed that those services have been booked even if we have issued a Confirmation Invoice in the meantime. In this situation, a contract for all services we can confirm immediately will go into effect when we issue a Confirmation Invoice. Please be sure that you check all details of your Confirmation Invoice and all other documentation (including airline tickets) immediately on receipt. Please inform us immediately if anything appears to be incorrect as it may not be possible to make changes at a later stage. We regret we cannot accept any liability if we are not notified of any inaccuracies in any documentation after seven (7) days of our sending it to you.
Your contract becomes legal and binding when a Confirmation Invoice is issued by, or on behalf of, the relevant supplier or Buckingham Tours, LLC. ANY PAYMENT TO BUCKINGHAM TOURS, LLC CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT HEREIN, AND IN MORE SPECIFIC PRE-DEPARTURE PASSENGER DOCUMENTATION, INCLUDING THE PERSONAL INFORMATION FORM. Buckingham Tours, the service marks and trademarks of airlines appearing in this brochure and on Buckingham Tours, LLCtours.com are owned by the respective companies mentioned.
A nonrefundable deposit of $600 per person is required at the time of booking for all tours. In some instances of independent travel, a non-refundable deposit amount may apply to your specific travel event. We strongly recommend that you purchase a Travel Protection Plan and pay all the applicable premiums at the same time, to ensure that you are protected in the event of having to cancel your vacation for reasons covered by the Travel Protection Plan. Unpaid balances for your package are due 90 days prior to departure (or the date communicated to you for your specific travel event). For bookings made within 90 days of departure, full payment is required at time of booking. If payment is not made in full on time, BUCKINGHAM TOURS, LLC, or the supplier as applicable, reserves the right to treat the booking as cancelled by you and apply the cancellation charges set out below. Should you wish to pay prior to receiving any second invoice you must telephone us to request an up to date balance outstanding. All monies you pay will be held on behalf of the supplier with whom you have contracted. Payment may be made by check, cash, American Express, Discover, Mastercard or Visa. If payment is being made within three (3) weeks of departure, the only acceptable form of check would be a certified bank check.
The suppliers reserve and Buckingham Tours, LLC reserves the right to change the prices of unsold travel arrangements, at any time, before your booking has been confirmed. The service providers and Buckingham Tours, LLC reserve the right to pass on in full at any time prior to booking any increase on travel arrangements that may be introduced by travel suppliers. The suppliers and Buckingham Tours, LLC also reserve the right to correct errors at any time before and after your booking is confirmed. You will be given a current price at time of booking.
Should you wish to make any changes to your booking after it has been confirmed, e.g. changes to departure or return dates, destinations, hotel etc, you must advise us in writing by email or hardcopy, and you must confirm our receipt of same. While we will endeavor to assist, we cannot guarantee we will be able to meet such requests. Where we can assist with such requests, and except where otherwise provided, an amendment fee of $50.00 will be payable per person. For certain airfares, changes cannot be made after reservations have been ticketed, due to conditions set by the airlines. Should you wish to make any amendments to those booking you will incur a 100% cancellation charge and any new arrangements will be treated as a re-booking. Please ask Buckingham Tours, LLC for details. Alterations within 90 days of departure will be treated as a cancellation of the original booking incurring the cancellation charges set out below. Any new request will be treated as a new booking.
Should you or any member of your party need to cancel your booking or any part of it once it has been confirmed, you must immediately advise us in WRITING by email or hardcopy, and you must confirm our receipt of same. Cancellation charges are payable as set out below except where otherwise stated. These charges are calculated from the date the written notice of cancellation is received by Buckingham Tours, LLC. Travel Protection Plan premiums and amendment charges are non-refundable in the event of your cancellation.
Cancellations are very costly and usually do not occur in time for resale of the cancelled travel event. If cancellation in writing is received by Buckingham Tours, LLC more than 90 days prior to travel departure date the deposit will be returned. For cancellations received within 90 days of departure date, the following per person cancellation fees apply:
89-71 days prior to travel departure date: 65% of total price;
70-31 days prior to travel departure date: 90% of total price;
30 days to departure day or later: 100% of total price;
Ask us about travel and cancellation insurance.
If Buckingham Tours, LLC has arranged your flight(s) (which is a completely separate booking from your land vacation), and if flight changes are requested after the deposit has been received or if flights are canceled after tickets are issued, revision fees or airline cancellation charges will apply. Refunds for air arranged by Buckingham Tours, LLC may take up to 90 days. If Buckingham Tours, LLC cancels a travel event, we will refund all monies paid to Buckingham Tours, LLC; there is no additional liability other than what client has paid for trip cancellation or air arranged outside of Buckingham Tours, LLC Tours. Refunds may take up to 90 days depending on travel event. Buckingham Tours, LLC cannot assume responsibility for any additional costs or any fees relating to the issuance and/or cancellation of air tickets or other travel arrangements not made through Buckingham Tours, LLC.
We regret we cannot accept any liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented by reasons or circumstances amounting to 'force majeure.' ‘Force majeure' means any event which Buckingham Tours, LLC or the supplier of the service(s) in question could not, even with all due diligence, foresee or avoid. Such events are likely to include war or threat of war, riots, civil strike, terrorist activity, industrial action, disease, natural or nuclear disaster, Acts of God, fire, adverse weather conditions, closure of airports or ports, governmental action and all similar events.
We regret we are not in a position to render any assistance in the event of you being delayed at your outward or homeward points of departure. The airline concerned may however be able to provide alternate flights etc. YOU ARE RESPONSIBLE FOR ARRIVING ON TIME TO POINTS OF ORIGINATION DESIGNATED BY BUCKINGHAM TOURS, LLC OR BUCKINGHAM TOURS, LLC AGENTS.
If BUCKINGHAM TOURS, LLC is notified, prior to your departure, BUCKINGHAM TOURS, LLC will advise you of any relevant schedule changes to your itinerary. While BUCKINGHAM TOURS, LLC will endeavor to assist you with any such changes, BUCKINGHAM TOURS, LLC is not liable for any additional expenses you may incur through a change in itinerary.
Buckingham Tours, LLC will return unused tickets to the airline concerned for possible refund. Upon receipt of refund authorization Buckingham Tours, LLC will forward you a check less any applicable cancellation or administration charges. Refunds usually take 6-8 weeks but isolated cases can take longer. No refund will be given in respect of unused tickets or vouchers unless they can be obtained by the supplier. Where ticket refunds can be obtained, there will an administration charge of $40.00.
Buckingham Tours, LLC® Tours provides gratuities for your Local City Tour Guides, Tour Drivers, Restaurant and Hotel Staff. Customary gratuities for your Tour Directors are not included and should be extended on a voluntary, individual basis. Room Steward and Wait Staff (while dining on your own) may be tipped at your discretion, as these are not included in tour package.
If you have any special request, please inform us as soon as possible in writing and preferably at the time of booking. Although we will endeavor to meet any such requests we cannot guarantee to do so. Failure to do so will not be breach of contract on our part. We cannot accept bookings that are conditional on the fulfillment of any special request; and such booking will be treated as a 'normal' booking. Concerning Frequent Flier Programs, please advise us of your membership information at time of booking. We cannot supply copies of tickets for post travel retrospective claims.
An adult must accompany travelers who are less than 18 years old on the travel event. The child may receive a discount on the land tour price. We do not accept children under the age of 12 on any small group travel events; however, if the entire group is comprised of family and friends, children of any age are welcome.
Buckingham Tours, LLC, its employees, officers, directors, guides, travel event coordinators, staff and agents, do not own or operate any entity which is intended to or does provide goods or services for your travel event. It purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers. All such persons and entities are independent contractors. As a result, Buckingham Tours, LLC is not liable for any negligent or willful act of any such person or entity or of any third person. In addition and without limitation, Buckingham Tours, LLC is not responsible for any injury, 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 certain inherent risks in travel of the type involved with Buckingham Tours, LLC. These include, but are not limited to, risks of river cruising, hiking, walking travel events, inaccessibility to medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. Travel event participants assume all such risks with regard to these possibilities.
The Traveler represents that neither he nor she nor anyone traveling with him or her has any physical or other condition or disability that could create a hazard to himself or herself or other members of the travel event. Buckingham Tours, LLC reserves the right to decline to accept anyone on a trip. Buckingham Tours, LLC reserves the right to remove from the trip, at his or her sole expense, anyone whose condition is such that he or she could create a hazard to himself or others, or otherwise impact the enjoyment of other passengers on the trip. Airlines used are not to be held responsible for any act, omission or event during the time passengers are not on board their planes or conveyances. International air carriers are subject to international air conventions limiting their liability. The limitations of liability are contained on the reverse side of the airline ticket and form part of the terms and conditions of this package. The passage contract in use by these companies, when issued, shall constitute the sole contract between the companies and the purchaser of these travel programs and/or passage.
Buckingham Tours, LLC offers small group travel tours. When you participate in a group travel tour, Buckingham Tours, LLC will do its best to ensure that your trip is enjoyable for the entire group. For the enjoyment of everyone on your travel event, Buckingham Tours, LLC reserves the right to remove from a travel tour any participant whose conduct jeopardizes the vacation experience of the other participants. Buckingham Tours, LLC will not refund or cover any cost or expenses incurred for termination of vacation arrangements due to unacceptable behavior. The decision of whether a participant will be expelled from the travel tours will be made at the corporate office with input provided by the Tour Directors.
The APPLICATION contains a space for the description of any disabilities or needs that would require special assistance. It is the traveler's responsibility to report those needs to Buckingham Tours, LLC at the time the reservation is made. Buckingham Tours, LLC will make reasonable attempts to accommodate the special needs of disabled travelers but is not responsible in the event it is unable to do so, nor is Buckingham Tours, LLC responsible for any denial of services by air carriers, hotels restaurants, or other independent suppliers. Buckingham Tours, LLC cannot provide individual assistance to a traveler for walking, dining, getting on and off of transportation, or other personal needs. Buckingham Tours, LLC requires that a qualified and physically able companion must accompany travelers who need such assistance.
Not all sightseeing stops/sites accommodate wheelchairs and some locations and activities require extensive standing sitting or walking, sometimes on unpaved or uneven streets. Buckingham Tours, LLC is not responsible for any missed activities due to a participant's inability to participate with the group.
Travelers who are under 18 years old on the departure date must be accompanied by an adult of 21 years or older throughout the vacation and are requested to share an adult's accommodation. Children under 12 years of age are only permitted to travel with a Buckingham Tours, LLC group when the group is comprised of a single group or party.
Smoking is NOT allowed on transportation that is provided by Buckingham Tours, LLC. Buckingham Tours, LLC will confirm non-smoking rooms whenever possible. If you require a smoking room, please advise at time of reservation, but be aware that such may not be available. For those who are sensitive to cigarette smoke, be aware that many people in Europe still smoke and there is a certainty of exposure at least in outdoor spaces.
If you require prescription medication or equipment (e.g. CPAP machine or eyeglasses), please bring an extra prescription with you whenever possible. If your medication is lost or your equipment fails, you need to be able to replace it as quickly and easily as possible. Buckingham Tours, LLC Tour Directors are not responsible for helping you obtain a prescription from your doctor, but whenever possible, will assist you in locating a pharmacy.
During your travel event, certain risks and dangers may arise which are beyond the control of Buckingham Tours, LLC, including but not limited to: travel by boat, train, automobile, airplane, or other means of transportation; forces of nature; political unrest; acts of lawlessness or terrorism; and accident or illness in areas without means of rapid evacuation or medical facilities. Buckingham Tours, LLC will not be liable for the provision of medical care or the adequacy of any care that may be rendered. While Buckingham Tours, LLC will use its best efforts to ensure that adequate measures are taken, by agreeing to participate in a travel event, or optional excursion, you agree that you will hold Buckingham Tours, LLC harmless regarding any provision of medical care or the adequacy of any care rendered. Buckingham Tours, LLC is not responsible for such risks and dangers that may arise beyond our control. Payment of your deposit indicates you accept these risks and dangers and agree to hold Buckingham Tours, LLC harmless for same.
We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. If we make changes, we will let you know by revising the date at the top of these Terms and, in some cases, providing you with additional notice (such as adding a statement to our homepage). Any changes we make to these Terms will be effective when we post them. If you use the Services after we have posted the changed Terms, then you have accepted the changes to these Terms.
All sales made through the Services are governed by these Terms of Sale. Tours, and deposits for our tours, are also governed by our Buckingham Tours, LLC Terms and Conditions, which are incorporated into these Terms by this reference. The Terms of Sale are subject to change without notice, at any time and in our sole discretion, so you should review the Terms of Sale each time you make a purchase through the Services.
All prices are shown in U.S. dollars (except where otherwise noted) and taxes, shipping and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs, changes in tax rates, and the Euro exchange rate fluctuation.
You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. Buckingham Tours, LLC reserves the right to collect such taxes or other fees from you at any time.
Only valid credit cards and other payment methods acceptable to us may be used to purchase products through the Site, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us, or our third-party payment processor, to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Site). When you provide your payment information, you authorize us, or our third-party payment processor, to process and store your payment and other related information. In the event that the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.
The Services are not targeted towards, nor intended for use by, anyone under the age of 12. If you are between the ages of 12 and 18, or the age of legal majority under applicable law, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you (a) are not identified on the Office of Foreign Assets Control's Specially Designated Nationals List ("SDN List"), (b) are not placed on the U.S. Department of Commerce's Denied Persons List or Entity List or any other U.S. export control list, (c) will not use IP proxying or other methods to disguise the place of your residence, and (d) have not previously had your rights to access or use the Services suspended or terminated.
To access and use certain features of the Services, and in consideration of your use of the Services, you agree: (i) to provide accurate, current and complete information about yourself as may be requested by any signup forms or during account registration (collectively, "Signup Data"); (ii) to maintain and promptly update your Signup Data as necessary to keep it accurate, current and complete; (iii) if you register for an online account, to maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Buckingham Tours, LLC; and (iv) promptly notify Buckingham Tours, LLC if you discover or otherwise suspect any security breaches related to the Services.
You are responsible for the security of your accounts and any activities performed under your accounts, whether or not such actions were authorized by you. YOU UNDERSTAND THAT ANY PERSON WITH YOUR USERNAME AND PASSWORD WILL BE ABLE TO ACCESS AND USE YOUR ACCOUNT, AND MAY BE ABLE TO ACCESS YOUR SIGNUP DATA AND OTHER PERSONAL INFORMATION ASSOCIATED WITH YOUR ACCOUNTS. AS A RESULT, YOU WILL NOT: (I) SHARE YOUR ACCOUNT PASSWORDS WITH ANY OTHER PERSON; OR (II) PROVIDE ACCESS TO YOUR ACCOUNTS OR THE SERVICE TO ANY OTHER PERSON.
YOU ACKNOWLEDGE AND AGREE THAT USING THE SAME PASSWORD FOR YOUR BUCKINGHAM TOURS, LLC ACCOUNT AS YOU USE FOR ANY THIRD-PARTY ACCOUNT CONSTITUTES A SECURITY RISK. YOU ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO YOUR ACCOUNTS. BUCKINGHAM TOURS, LLC IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNTS OR OTHER LOSS OR DISSEMINATION OF YOUR SIGNUP DATA.
If you suspect any security breaches related to your user account, please notify us by contacting Admin@BuckinghamTours.com.
On the condition that you fully comply with these Terms, Buckingham Tours, LLC grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Services. Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Services or any contents of the Services; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services; (c) disassemble, decompile or reverse engineer any of the software components of the Services; (d) copy, frame or mirror any part of the Services; (e) interfere with or disrupt the integrity or performance of the Services; or (f) attempt to gain unauthorized access to the Services or its related services, components, systems or networks.
As between you and Buckingham Tours, LLC, all information, materials and content of the Services, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, logos and trademarks, images, software, services, videos, typefaces, source and object code, format, queries, algorithms and other content is owned by Buckingham Tours, LLC or is used with permission. Buckingham Tours, LLC reserves all rights not expressly set forth in these Terms.
Buckingham Tours, LLC may permit you to download certain tip sheets, packing lists or other content from any Services ("Downloadable Content"). For clarity, Downloadable Content includes only content that Buckingham Tours, LLC specifically designates on the Services as available for download by users, even though you may be able to copy or download other content through your web browser or by other means. Downloadable Content does not include any software that Buckingham Tours, LLC may allow you to download from any Services (the use of such software is governed by the agreement you accept when you download, install, register or use such software). Buckingham Tours, LLC grants you a non-exclusive, non-sublicensable, non-transferable license to download, reproduce and use the Downloadable Content for your own non-commercial and personal use only, provided that you use the Downloadable Content (a) in accordance with applicable law, (b) in a manner that does not disparage or otherwise harm any of Buckingham Tours, LLC' products, services or brands, and (c) otherwise in accordance with the usage guidelines and instructions that Buckingham Tours, LLC may make available on the Services from time to time. Without limiting the foregoing, you may not use any Downloadable Content for any business or other commercial purposes (business or commercial purposes does not exclude use for purposes of seeking employment through the Services) without Buckingham Tours, LLC' prior written approval. You are solely responsible for your use of Downloadable Content. All goodwill arising from your use of the Downloadable Content will inure solely to the benefit of Buckingham Tours, LLC. Buckingham Tours, LLC may revoke this license at any time.
We may make third party content or services available on or through the Services as a convenience to our users (for example, links to third party websites) ("Third Party Materials"). We do not control or endorse any Third-Party Materials nor are we responsible for reviewing the accuracy of any Third-Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third-Party Materials, are solely between you and the applicable third party. Third Party Materials may include links to third party websites or services that we recommend for purchasing Buckingham Tours, LLC products and services. When you leave the Services, you should be aware that these Terms and all other Buckingham Tours, LLC policies no longer govern your use of other websites and services.
The Services may include interactive features, forums and areas that allow users to create, post, transmit or store content (collectively, "User Content"). You understand that your User Content may be viewable by other users of the Services or by the public. You agree that you will comply in all respects with the www.BuckinghamTours.com found at www.BuckinghamTours.com, and that you are solely responsible for your User Content and for your use of such interactive areas, and that you use them at your own risk.
Without limiting the foregoing, by using the interactive areas of the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Services.
You retain all ownership rights in the User Content you submit to Buckingham Tours, LLC. By submitting or posting User Content on the Services, you grant Buckingham Tours, LLC a non-exclusive, royalty-free, perpetual and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in connection with the Services.
By submitting or posting User Content through the Services, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule or regulation.
FOR YOUR SAFETY AND TO ENABLE YOUR TOUR GUIDES TO APPROPRIATELY PLAN, CERTAIN PORTIONS OF THE SERVICES MAY PERMIT YOU TO POST PERSONAL MEDICAL INFORMATION INCLUDING MEDICAL HISTORY, MEDICATIONS, MEDICAL CONDITIONS, INSURANCE INFORMATION, EMERGENCY CONTACTS AND OTHER PERSONAL INFORMATION ("MEDICAL INFORMATION"). YOU ARE NOT REQUIRED TO PROVIDE YOUR MEDICAL INFORMATION, BUT IF YOU DO, PLEASE BE AWARE THAT ANYONE ON YOUR SAME TOUR RESERVATION CAN VIEW YOUR MEDICAL INFORMATION. A "TOUR RESERVATION" IS THE BOOKING MADE WITH US WHEN YOU PURCHASE A TOUR VIA PHONE, IN PERSON OR ONLINE AND INCLUDES ALL THE INDIVIDUALS, BE THEY FAMILY OR OTHERWISE, YOU RESERVED A SEAT FOR ON OUR TOUR. YOU SHOULD NOT PROVIDE YOUR MEDICAL INFORMATION IF YOU DO NOT WANT OTHERS ON THE SAME TOUR RESERVATION TO SEE IT. If you would like to submit Medical Information privately to a Buckingham Tours, LLC employee, such as a Tour Director for your upcoming tour, please contact Admin@BuckinghamTours.com for further instruction.
You agree to defend, indemnify and hold harmless Buckingham Tours, LLC, its affiliates, and their respective directors, officers, employees, agents and representatives (collectively, the "Buckingham Tours, LLC Parties"), from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of your use of the Services, including without limitation any actual or threatened suit, demand or claim arising out your violation of these Terms or your violation of the rights of any third party.
THE SERVICES AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL BUCKINGHAM TOURS, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF BUCKINGHAM TOURS, LLC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF BUCKINGHAM TOURS, LLC' ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES MAY NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BUCKINGHAM TOURS, LLC FOR ACCESS TO OR USE OF THE SERVICES.
To the fullest extent permitted by applicable law, you release the Buckingham Tours, LLC Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to your use of the Services or violation (or alleged violation) of these Terms.
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
Buckingham Tours, LLC reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Services and/or any features, information, materials or content on the Services with or without providing notice to you. Buckingham Tours, LLC will not be liable to you or any third party for any changes or discontinuance of the Services or any part of the Services.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Buckingham Tours, LLC and limits the manner in which you can seek relief from us. Except for small claims disputes in which you or Buckingham Tours, LLC seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Buckingham Tours, LLC seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Buckingham Tours, LLC waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Lee County, Florida in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Buckingham Tours, LLC agree that any dispute arising out of or related to these Terms or our Services is personal to you and Buckingham Tours, LLC and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Buckingham Tours, LLC agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Buckingham Tours, LLC agree that for any arbitration you initiate, you will pay the filing fee and Buckingham Tours, LLC will pay the remaining JAMS fees and costs. For any arbitration initiated by Buckingham Tours, LLC, Buckingham Tours, LLC will pay all JAMS fees and costs. You and Buckingham Tours, LLC agree that the state or federal courts of the State of Florida and the United States sitting in Lee County, Florida have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND BUCKINGHAM TOURS, LLC WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this paragraph by emailing us at Admin@BuckinghamTours.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the Governing Law section of these Terms.
These Terms will be governed by and construed and enforced in accordance with the laws of the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this Agreement will be filed only in the state and federal courts located in Lee County, Florida, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Enforcement of these Terms is solely at Buckingham Tours, LLC' discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
BY CLICKING TO INDICATE YOUR ACCEPTANCE OF THESE TERMS OR OTHERWISE USING THE SERVICES, YOU AGREE TO THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU ARE ACCESSING OR USING OUR SERVICES ON BEHALF OF ANOTHER PERSON (SUCH AS USING THE SERVICES TO BOOK A TOUR FOR MULTIPLE PEOPLE OR GROUPS), YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON THAT PERSON OR GROUP'S BEHALF. IF ANYTHING IN THESE TERMS DOES NOT MAKE SENSE TO YOU, PLEASE LET US KNOW. IF YOU DO NOT AGREE TO THESE TERMS, IN PARTICULAR THE TERMS RELATED TO MEDICAL INFORMATION OR ARBITRATION, DO NOT ACCESS OR USE THE SERVICES.
ANY PAYMENT TO BUCKINGHAM TOURS, LLC CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT HEREIN AND IN MORE SPECIFIC PRE-DEPARTURE PASSENGER DOCUMENTATION, INCLUDING THE PERSONAL INFORMATION FORM. 2018 Buckingham Tours, LLC.
If you have any questions about these Terms or the Buckingham Tours, LLC products and services, please contact us at Admin@BuckinghamTours.com