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 (“Tour Group”). 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, which ever occurs earlier.
GROUP LEADER RESPONSIBILITIES AND PROVISION OF SERVICES You agree that ESS has the necessary qualifications, experience and abilities to provide the services required for your Tour Group. The parties agree that ESS will provide services to your Tour Group pursuant to these Terms. You agree to the following on behalf of yourself and your Tour Group:
⦁ You are the group leader for your Tour Group and you are 18 years of age or over. ⦁ You are responsible for payment of the total booking for you and your Tour Group, including any subsequent cancellations, changes or modifications that may result in additional charges. ⦁ You agree to provide accurate and full information to ESS for you and the entire Tour Group ⦁ You agree and confirm that all the other members of the Tour Group, including any that may be added at a later date, agree to be bound by these Terms. ⦁ You are responsibility to ensure all individuals traveling in with the Tour Group have valid acceptable passports, required visas, and any other required entry documentation. Passports and visas may take three to six months or more for processing so plan ahead. If traveling from the U.S. passports must be valid for six months past the trip return date and possibility longer with minors. Some countries require a visa for entry or entry beyond a specific number of days. Failure to secure the correct documentation may result in denied boarding or denied entry. If anyone in our Tour Group is a non-U.S. citizen, there may be additional requirements. Check with the consulate or embassy of the destination you are traveling to and find out the entry requirement for non-U.S. citizens. ⦁ Ensure you and everyone in your Tour Group reviews the travel documents including airline tickets for accuracy. You assume all responsibility including any costs for misspelled names or required name changes on any airline tickets for your Tour Group. You will be required to work directly with the third party travel vendor to make such changes and pay any associated fees. ⦁ ESS will have no liability for any travel or travel related event including, without limitation, change fees, delays or inability to travel caused by any illness or medical issue, issues relating to passports, visas, or other travel documentation. ⦁ If a minor is traveling abroad without their parent or legal guardian within your Tour Group, it is the sole responsibility you and the parent and/or legal guardians to obtain all travel consent forms and pertinent travel documents. Each airline has separate guidelines so ensure you comply with the country and airline requirements. ESS has no liability for a minor traveling without a parent or legal guardian. ⦁ You confirm that for all individuals in your Tour Group that are under 18 years of age that you have made their parents and/or legal guardians fully aware of this booking and of these Terms and that they agree to these Terms on behalf of their minor. ⦁ You and each Tour Group attendee must comply with the conditions of carriage applied by land, sea and air carrier.
PRICING AND NUMBER OF PARTICIPANTS All Tour Group 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 Tour Group change we reserve the right to modify the quotation. If your booking requires a minimum or maximum number of participants in order to sustain a price, this will be clearly stated. 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 validity of that price 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. All deposits are non-refundable. We will require a deposit payment in order to secure the booking for your Tour Group. Full payment of all outstanding amounts will be required prior to the tour commencing and as stated in your quotation. All other payments are non-refundable unless otherwise agreed by the parties. 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 by under your booking or that are ordered by You or a member of your Tour Group 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.
INSURANCE You acknowledge that ESS’s insurance policy may not cover circumstances arising from, out of, or relating to this booking. ESS recommends that you and each Tour Group attendee procure travel, medical or automobile insurance for you and your Travel Group if such is not covered under your personal insurance portfolio. The cost of such insurance will be you and each Tour Group attendee’s 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 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 the Tour Group 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 your Tour Group can expect but is not a contract. Efforts are made not to delete a booking, or any portion thereof, in order to provide your Tour Group 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, war, fire, flood, labor difficulties, strikes, field or opponent availability, instructor, tour guide and/or coach availability. 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 Group. 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, 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 will may cancel your booking for failure to pay or for reasons of force majeure. 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, war, fire, flood, labor difficulties, strikes, riot, industrial dispute, terrorist activity and its consequences, natural disasters, and severe adverse weather conditions. 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, 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. Rights and obligations under these Terms which by their nature should survive will remain in effect after termination or expiration hereof.
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 Tour Group or a guest invited by you or a member of your Tour Group during the booking (“Guests”). Your responsibility includes, without limitation, any damages, injury or loss caused by you or a Tour Group attendee or 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 and each Tour Group attendee is responsible for their personal property during the entire booking and ESS has no liability or responsibility for your personal property or the personal property of your Tour Group attendees or their 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 Tour Group attendee or Guest. You and the Tour Group attendees 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, a Tour Group attendee 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, a Tour Group attendee 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, A TOUR GROUP ATTENDEE 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, THE ACTS OF A TOUR GROUP ATTENDEE 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 AND TOUR GROUP AND GUESTS FAMILY, SPOUSE, HEIRS, ASSIGNS, NEXT OF KIN, SUCCESSORS, PERSONAL REPRESENTATIVES, AND YOUR AND YOUR TOUR GROUP AND GUESTS ESTATES AND SHALL BE DEEMED AS A RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE ESS. YOUR, YOUR TOUR GROUP ATTENDEES 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 Tour Group attendee are voluntarily participating in the booking and you acknowledge that there are inherent risks and hazards associated with the booking. You and each Tour Group attendee 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 or a Tour Group attendee will provide a doctor’s participation/medical release prior to participation in an event. You and each Tour Group attendee accept full responsibility for your behavior, well being and health during the booking. You and each Tour Group attendee are willingly assuming full responsibility for any and all risks and hazards in connection with the booking. You and each Tour Group attendee 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 and each Tour Group attendee 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 and each Tour Group attendee 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 or any Tour Group attendee 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 any Tour Group attendee 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 AND EACH TOUR GROUP ATTENDEE 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 TOUR GROUP ATTENDEE, GUEST OR TO ANY OTHER PERSON OR PROPERTY DURING THE EVENT.
MEDIA RELEASE You and each Tour Group attendee agree that ESS may use photos, videos, voice, all or part of the You or the Tour Group 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 and each Tour Group attendee agree that ESS may “tag” You or any Tour Group attendee in any social media post (for example Facebook, Instagram, Twitter) for marketing or promotional purposes. You and each Tour Group attendee 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 and each Tour Group attendee nor anyone on Your behalf or on behalf of a Tour Group attendee 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 and each Tour Group attendee 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 or any Tour Group attendee.
IMAGES BY YOU OR A TOUR GROUP ATTENDEE Still images and video images taken inside sports clubs by you or any Tour Group attendee 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 and each Tour Group attendee 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 or any Tour Group attendee may share without notice, compensation or acknowledgement to you or the Tour Group attendee 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 or a Tour Group attendee should be in writing. You and each Tour Group attendee accept that most communication with us will be electronic. We will contact you or Tour Group attendees by e-mail or provide you with information by posting notices on our website. You and each Tour Group attendee 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.