Please read these European Soccer Solutions (“ESS”) Booking Terms and Conditions (“Terms”) carefully as they set out the terms and conditions between us.
YOUR BOOKING When you make a booking you are guaranteeing that you have the authority to accept and do accept these Terms on behalf of yourself and anyone traveling in your booking. A contract for your booking exists between you and ESS upon the acceptance of these Terms by you or upon receipt of a deposit for your booking by ESS, whichever occurs earlier.
PRICING AND NUMBER OF PARTICIPANTS All pricing quotations are subject to change until the booking is booked as rates and availability may change. If any of the details relating to your reservation change, we reserve the right to modify the quotation. If you ask us to quote you a price in your local currency and we agree to do so, we will indicate to you the terms relating to the pricing including increases as a result of exchange rates on the Service Agreement and/or the first invoice.
PAYMENT TERMS We will agree upon a payment schedule with you at the time of your booking. Invoices are due upon receipt. We will require an initial deposit payment (hereinafter “Deposit”) in order to secure the booking for you. This Deposit is fully refundable until the second installment payment is made. Upon payment of the second installment, all fees are non-refundable except as set forth below. Full payment of all outstanding amounts will be required prior to the tour commencing and as stated in your quotation. Late payments will incur an interest charge at the maximum amount allowable under the law. Credit card payments will be subject to an additional service fee. Failure to make any required payments may result in the cancellation or termination of your booking. You will be responsible for reasonable costs or attorney fees incurred by ESS in any collection mattered pursued under these Terms. You are responsible for all food and beverage costs that are not covered under your booking or that are ordered by You beyond what is included in a meal or from the menu offered for the booking including without limitation any mini bar or room service fees.
COVID POLICY ESS will not know if Coronavirus (hereinafter “Covid”) will impact travel between the country you reside in and Spain. If travel may not be completed between the country you reside in and Spain due to governmental mandate or other regulatory authority (hereinafter “Mandate”) ESS will provide you with a complete refund of your payments for this booking, provided however, if vaccinations or Covid testing are part of such Mandate and you are do not complete such testing or vaccination and as a result are unable to travel on the booking then ESS will not issue any refund to you, all payments you have made are forfeited and ESS will have no liability associated with your booking. If your travel is delayed as a result of not completing such vaccination or Covid testing you are responsible for any additional fees due to such delays.
INSURANCE A travel insurance policy through Santa Lucia is included in your booking. For a copy of the entire policy you can contact ESS and receive this. You acknowledge that ESS’s insurance policy may not cover circumstances arising from, out of, or relating to this booking. ESS recommends that you procure travel, medical or automobile insurance for if such is not covered under your personal insurance portfolio. The cost of such insurance will be your responsibility. Player’s participating in tournaments may qualify for medical coverage while on the field. Please visit the tournament website for more information.
CHANGES TO YOUR TOUR If you change any element of your booking once you have accepted these Terms or made your Deposit then you must confirm in writing the alterations you require. We will do our best to accommodate your requested changes but, in many instances, additional fees will apply. We reserve the right to charge and you agree to pay an administration fee for changes to your booking in addition to any other fees incurred relating to your requested changes. If you increase or reduce the numbers traveling in your party from those originally booked, this may have an effect on the overall price for each individual traveling.
ESS may occasionally have to make changes or cancel your booking and ESS reserves the right to do so at any time. Your trip itinerary is a general guideline of what you can expect but is not a contract. Efforts are made not to delete a booking, or any portion thereof, in order to provide you with an amazing experience. However, there may be conditions which will mandate changes or booking cancellations including, without limitation, weather, airline delays or cancellations, Acts of God, Covid, war, fire, flood, labor difficulties, strikes, field or opponent availability, instructor, tour guide and/or coach availability or other issues outside of ESS’s control (hereinafter “Cancellation Events”). ESS does not operate and control the third-party service providers and is only acting to procure transportation, hotel and other activities for the benefit of your tour. As a result, any changes or modifications required will not be considered a breach of this Terms. ESS is not liable for changes, modifications or any losses or damages resulting therefrom including, without limitation, airline delays or cancellations, Covid or Covid related issues, or missing all or part of the booking as a result the delays or cancellations. If we make a major change to your booking, we will inform you as soon as reasonably possible.
CANCELLATION We may cancel your booking as set forth herein and for failure to pay or for reasons of Cancellation Events of Force Majeure, as defined below. This clause will take effect in the unlikely event that we have to cancel or change your booking in any way as a result of unusual or unforeseeable circumstances beyond our control. These can include, without limitation, Acts of God, Covid, war, fire, flood, labor difficulties, strikes, riot, industrial dispute, terrorist activity and its consequences, natural disasters, and severe adverse weather conditions (hereinafter “Force Majeure”). ESS provides bookings in countries around the world. Local conditions, including infrastructure, road conditions, medical care, safety and security, may differ significantly from those found in the United States. At any given moment there may be “trouble spots” in the world in terms of war, terrorism, crime, Acts of God, Covid, civil commotions, labor trouble, and/or other potential sources of harm. The United States Department of State and other governmental and tourist organizations provide information including details of local conditions in specified cities and countries according to such agency’s perception of risks to travelers. We strongly recommend you obtain and consider such information when making travel decisions relating to Tour Group. ESS assumes no responsibility for gathering such information or providing it to you. You agree to assume responsibility for your own safety and the safety of your Tour Group. ESS can’t and will not guarantee your safety or the safety of your Tour Group.
COMPLAINTS PROCEDURE If a problem arises during, please advise us immediately and without delay. You have an obligation to report it as quickly as possible to our staff so that efforts can be made to rectify the problem rapidly.
PROPERTY DAMAGE You are responsible for any and all damage, injury or loss caused by you or member of your booking or a guest invited by you during the booking (“Guests”). Your responsibility includes, without limitation, any damages, injury or loss caused by you or a Guest at the hotel, within any hotel room, at any booking location, or during transportation to or from any booking event. You are responsible for your personal property during the entire booking and ESS has no liability or responsibility for your personal property or the personal property of your Guests, including without limitation, theft, loss or damage to luggage, travel documentation, credit cards, cash, personal property or loss or damage due to or resulting from the negligence of ESS or a Guest. You and any Guests release and hold ESS harmless ESS from any and all claims and costs due to any liability, loss, injury, personal property damage, property damage, or other damage which might occur as a result of you, or a Guests actions during the booking event. You will be responsible for direct payment and full restoration to the third party for any damages by you, or a Guest.
INDEMNIFICATION YOU WILL INDEMNIFY, WARRANT, HOLD HARMLESS AND DEFEND ESS FROM ANY AND ALL LOSS, LIABILITY, DAMAGE, CAUSES OF ACTION, CLAIMS AND DEMANDS (INCLUDING REASONABLE COSTS AND ATTORNEY FEES) THAT YOU OR A GUEST MAY INCUR ARISING OUT OF OR RELATED TO THE BOOKING, WHETHER CAUSED BY THE NEGLIGENCE OF ESS OR THAT ARISE FROM YOUR ACTS OR A GUEST OR FAILURE OF ANY OF THOSE PARTIES TO ACT (INCLUDING YOUR OWN NEGLIGENCE).
YOU AGREE THAT THIS AGREEMENT IS BINDING TO MEMBERS OF YOUR BOOKING AND GUESTS FAMILY, SPOUSE, HEIRS, ASSIGNS, NEXT OF KIN, SUCCESSORS, PERSONAL REPRESENTATIVES, AND YOU AND YOUR GUESTS ESTATES AND SHALL BE DEEMED AS A RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE ESS. YOUR BOOKING AND GUESTS PERSONAL REPRESENTATIVE, EXECUTOR, ADMINISTRATOR OR GUARDIAN WILL BE OBLIGATED TO COMPLY WITH THIS AGREEMENT.
VOLUNTARY PARTICIPATION AND CODE OF CONDUCT You and each booking member are voluntarily participating in the booking and you acknowledge that there are inherent risks and hazards associated with the booking. You hereby acknowledge that you are in proper physical condition to participate in the events of the booking and have no illness, disease, existing injury or physical defect that will be aggravated by the events. If requested by ESS, You will provide a doctor’s participation/medical release prior to participation in an event. You accept full responsibility for your behavior, well-being and health during the booking. You willingly assuming full responsibility for any and all risks and hazards in connection with the booking. You have the right and responsibility to inspect equipment and facilities and locations prior to use and if you believe anything is unsafe you have the right to refuse participation. Risks may include, without limitation, falls, collisions, physical exertion that someone may not be prepared for, water related incidents, equipment malfunctions, injuries of any kind or nature, transportation via cab, shuttle, van bus or other, natural disasters, weather extremes or conditions, rugged or steep terrain, rock fall, slippery footing, water, unavailability of immediate and appropriate medical attention in case of injury or illness, difficult evacuation, mechanical breakdown, human error, accidents, or rescue related injuries. You understand that this is not a complete or exhaustive list and that other risks whether known or unknown, anticipated or unanticipated may also exist and result in injury, illness, disease, death or damage to person or property. ESS will not assume any responsibility for any risks and/or hazards and you hereby release ESS from all liability associated with all risks and hazards, including without limitation, loss, property damage, illness, heat related illness, food/beverage related illness, injury, including death and/or dismemberment, in such an activity, whether caused by the negligence of ESS or otherwise.
ESS reserves the right to disallow you to participate in any event of the booking if your conduct does not meet ESS or event standards which are determined at the sole discretion of ESS. This includes, without limitation, your behavior before, after or during an event or your scholastic achievements not meeting ESS requirements. ESS does not take responsibility for behavior of you or Guest. If the behavior or an individual or individuals is considered likely to cause offence, danger, damage or distress to others, ESS reserves the right at all times to cancel or terminate an individual’s or individuals’ entire booking. We reserve the right to send any individual home on the next available flight at our discretion and at full cost to the individual should we feel this is necessary. Participants under the age of 18 are not permitted to drink alcohol or smoke on the tour.
YOU HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENTANT NOT TO SUE ESS FROM ANY AND ALL LIABILITY, CLAIMS, LOSSES, INJURIES, ILLNESS, HARM, DEATH, DEMANDS, ACTIONS OR CAUSES OF ACTION (WHETHER PERSONAL INJURY, PROPERTY, STRICT LIABILITY FOR ABNORMALLY DANGEROUS ACTIVITIES OR OTHERWISE) ARISING OUT OF OR IN ANY WAY OR RELATED TO THE EVENT (WHETHER FORESEEN OR UNFORESEEN), WHETHER CAUSED BY THE NEGLIGENCE OF ESS OR OTHERWISE, THAT OCCUR TO YOU, A GUEST OR TO ANY OTHER PERSON OR PROPERTY DURING THE EVENT.
MEDIA RELEASE You agree that ESS may use photos, videos, voice, all or part of the attendee name, likeness or other personal identifiers in all forms whether print, electronically or any other method of distribution for marketing or promotional purposes (the “Images”). You agree that ESS may “tag” You or in any social media post (for example Facebook, Instagram, Twitter) for marketing or promotional purposes. You hereby grant ESS an irrevocable, worldwide, royalty free, non-exclusive license to use the above referenced Images in perpetuity either alone or incorporated with other works and in all media whether now known or hereafter devised. You nor anyone on Your behalf will have any claims of compensation, any right of approval, any claim to legal damages, or any right to seek equitable or monetary damages arising out of the use of the Images. You release ESS from any claims or liability arising out of the recording or use thereof. If the above provision relating to Image use is not acceptable, please e-mail firstname.lastname@example.org with the title “Non-Approved Image Use” and indicating the individual’s name.
No unauthorized tour information, including without limitation, imagery, references, pictures, video or literature is to be reproduced and used in any way, shape or form for public or private use by You.
IMAGES BY YOU Still images and video images taken inside sports clubs by you or Guest are to be used for private and personal use only and are strictly not permitted to appear on any public forum i.e. Instagram, YouTube, Facebook, and Twitter etc. without authorization from ESS. Some Sports Clubs and venues will prohibit photography and we require you to comply with this along with all other rules and regulations set out by venues and sports clubs.
LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS You hereby grant to ESS a perpetual license to use all comments, feedback and ideas you may share without notice, compensation or acknowledgement to you for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
WRITTEN COMMUNICATIONS Certain laws require that some information we give you should be in writing. You accept that most communication with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on our website. You agree to this electronic means of communication and acknowledge that contracts, notices, information and other communications we provide electronically comply with legal requirements that such communications be in writing.
NOTICES All written notices to ESS required by these Terms must be delivered at the address set forth above by a means evidenced by a delivery receipt and will be effective upon receipt.
WAIVER The failure of either party at any time to require performance by the other party of any provision will not affect in any way the full right to require such performance at any time thereafter. No course of dealing among any or all of the parties shall operate as a waiver of the rights herein.
SEVERABILITY AND SURVIVAL If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law or invalid, such provision shall be changed by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law and the remaining provisions of this Agreement shall remain in full force and effect. Rights and obligations under this Agreement, which by their nature should survive will remain in effect after termination or expiration hereof.
GOVERNING LAW AND JURISDICTION The validity, interpretation, enforceability and performance of these Terms shall be governed by and construed in accordance with the laws of the State of Washington excluding its conflict of laws. Venue for all disputes arising under or in respect of these Terms shall lie before any court of competent jurisdiction located in King County, Washington. Any legal action hereunder arising from contract, tort, or otherwise must be brought within one year from the date of departure or shall be irrevocably waived.
ENTIRE AGREEMENT AND MODIFICATIONS. These Terms are the entire agreement between the parties can only be modified by a subsequent written agreement executed by authorized representatives of each party.