INDIVIDUAL TERMS AND CONDITIONS

Educational Tours, Inc.

Educational Tours, Inc. (hereinafter, “ETI”, “we”, “us”) is a student group tour operator dedicated to delivering powerful educational experiences with worry-free travel in the U.S. and internationally.  Please read the following Terms and Conditions carefully.  By your signature below, you, as the participant, or the parent/legal guardian of the participant (collectively, the “participant”, “guest”, “traveler”, “you”), hereby accept the following Terms and Conditions and agree to be legally bound by them. If you do not agree with our Terms and Conditions, you must contact us before making a booking, and you cannot travel with us until you agree with our Terms and Conditions.

These terms and conditions, in addition to our privacy policy and registration form and any other documents provided by ETI to you, as well as the terms and conditions of our Suppliers (collectively, “Terms and Conditions”), constitute the entire agreement between you and ETI and the parties agree to be bound by the terms of these Terms and Conditions. You acknowledge and agree that we may change these Terms and Conditions from time to time and that those changes become effective immediately.  You further agree to be bound by the Terms and Conditions that are in effect at the time of your travel or cancellation, whichever applies. You agree that is your responsibility to be familiar with these Terms and Conditions and to check back from time to time for any changes. 

1. Non-Responsibility & Force Majeure.Educational Tours, Inc., its employees, shareholders, subsidiaries, affiliates, officers, directors, agents, representatives, and successors (collectively, also “ETI”), your school or other sponsors, city or town, Board of Education, chaperones, if applicable, and its employees (collectively, “Sponsor”) does not own, manage, operate, supervise or control any person or entity which provides goods or services for your trip including, for example, lodging, facilities, events, venue/facility owners, airline, vessel or other transportation companies, guides or guide services, local ground operators (whether or not they use the ETI name), entertainment or sightseeing operators, providers or organizers of optional excursions, food service providers, etc. (collectively, “Suppliers”). All such people and entities are independent contractors and not agents, employees, or representatives of ETI. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each Supplier, and by  accepting or utilizing the services, all participants agree that neither ETI, or Sponsor are or may be liable for any claims, loss, injury, or damage to any tour participant or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of ETI or Sponsor.  ETI and Sponsor are not liable for any negligent or willful act or failure to act of any such person or entity, or of any act of any other third party not under its control.  ETI assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any participant that may result from any act or omission on the part of others; ETI assumes no responsibility or liability for personal property. ETI accepts no responsibility whatsoever for lost or stolen items.

Without limitation to the foregoing, neither ETI nor your Sponsor is responsible for, and shall be relieved of any obligations under these terms and conditions in the event of  any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services whether occasioned by or resulting from, but not limited to, war (whether declared or not), civil unrest, riot, theft, insurrection, strikes or other labor activities or disputes, criminal or terrorist activities of any kind or the threat thereof, lost or stolen belongings, overbooking or downgrading of accommodations, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely, dangers associated with animals, sanitation problems, food poisoning, lack of or quality of medical care, illness or diseases (such as COVID), epidemics, pandemics or the threat thereof, natural disasters, fires, difficulty in evacuation in case of a medical or other emergency, physical injury, quarantine, medical or customs or immigration regulation, or for any other cause beyond the control of ETI or your Sponsors (collectively, “force majeure”). The terms of this Non-Responsibility and Force Majeure section shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.

2. Assumption of Risk/Waiver of Liability.Participant and/or Participants Parent or Legal Guardian acknowledges that the enjoyment and excitement of travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and that these inherent risks contribute to such enjoyment and excitement, and are reasons for your voluntary participation. Therefore, you acknowledge that you are aware of the inherent hazards and risks associated with participating in an ETI tour, and that neither ETI nor your Sponsors are responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the various risks inherent in travel, including without limitation: vehicle malfunctions or collisions, animals, roadway hazards, slips and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including suppliers, other participants, ETI and its owners, employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; or for any other reason or risk beyond the direct control of ETI or your Sponsors.

ETI in its sole and absolute discretion reserves the right to decline to accept any participant as a member of these trips.  Additionally, both the U.S. State Department and the Centers for Disease Control publish and update important country-specific information for travelers. ETI strongly recommends that all participants review these notices. 

This can presently be found at: https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.htmland https://wwwnc.cdc.gov/travel/notices. 

Without limitation to the foregoing, participant assumes all inherent risks involved in the use of any hotel exercise equipment and/or swimming pool and/or any other body of water, which risks include, but are not limited to bodily injury, sickness, disease, or death from using the swimming pool or body of water. Participants also acknowledge and understand that use of any swimming pool or other body of water is potentially dangerous and that there exists a risk of injury or death when using any equipment, swimming pool or any other body of water. PARTICIPANT UNDERSTANDS THERE WILL BE NO LIFEGUARD ON DUTY AND IF THE PARTICIPANT CHOOSES TO SWIM OR USE A HOT TUB OR SPA, PARTICIPANT WILL DO SO AT THEIR OWN RISK.

ETI is not responsible for participant’s well-being when absent from group supervised activities.  Participant accepts sole liability for any financial obligations incurred or any damage or injury caused by his or her conduct while participating in an ETI trip. ETI shall not be held liable for any reason if you are unable to keep up with the group at any point during the tour. You agree that we will not be able to slow down to accommodate your pace, and we shall not be liable should you need to turn around and not complete the tour. 

ETI is also not responsible for rooming decisions and will not be liable for any disputes, claims, injuries including but not limited to personal injuries, intentional infliction of emotional distress, negligent infliction of emotional distress, and/or discrimination claims arising out of rooming decisions. 

Moreover, neither ETI nor the Suppliers nor its agents or cooperating organizations or service providers, nor the Sponsors, will be liable for any injury, illness, or death or for any loss or damages or claims whatsoever arising from any accident or incident, if a safety belt or other safety equipment has been provided and is not being worn at the time of such accident or incident. This exclusion and limitation of liability shall not be used to imply that the Supplier or its agents or affiliated entities are liable in other circumstances.

Participant understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this tour, participant is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness and death. Participant hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release ETI from any and all claims associated with the trip, including any claims of third-party negligence and/or the negligence of ETI, and participant hereby covenant not to sue ETI for any such claims or join any lawsuit or action that is suing ETI. You waive any and all claims that you have, or may in the future have, and release from all liability and agree not to sue, ETI or its Suppliers or affiliates for any personal injury (including mental distress or trauma), illness (including exposure to diseases, epidemics or pandemics), death, property damage, quarantine or other loss that you may sustain during or as a result of the trip due to any cause whatsoever on the part of ETI or others, including: negligence – including the failure to use such care as a reasonably prudent and careful person would do in the circumstances and failure to meet reasonable standards of care; breach of any other duty imposed by law; breach of contract; and mistakes or errors in judgment of any kind. This agreement also binds your heirs, legal representatives and assigns. Participant acknowledges that he/she has carefully read and fully understands this Assumption of Risk/Waiver of Liability section, and that this section shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise. 

3. Indemnification & Release. Each traveler is expected to act responsibly and adhere to all behavior guidelines established by ETI, the Sponsors and our local Suppliers. ETI, the Sponsors and our Suppliers reserve the right to remove you from any trip if you endanger yourself or others, or disrupt others. In any such case, there will be no refund. Participant(and its parents or legal guardians, as applicable) is solely responsible for damage done by participant to the goods and accommodations provided by Suppliers and any other facility used during the tour, including vehicles used to transport students and/or adults, the various attractions, and/or performance facilities. Participant understands that any and all liability (including, without limitation legal and financial) for claims, losses, damages, etc. caused by participant is the sole responsibility of participant. 

Thus, you, on behalf of yourself and all minors traveling with your permission, agree to and shall indemnify, defend, release and hold harmless ETI and its owners, shareholders, employees, agents, and representatives from and against any expenses, losses, liabilities, damages, judgments, settlements and costs (including, without limitation, reasonable attorneys’ fees and the advancement of same) involved with or incurred by ETI or its owners, shareholders, employees, agents, and representatives with respect to any claims, lawsuits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) your breach or violation, or threatened breach or violation, of these Terms and Conditions; (ii) any of your acts or omissions, including any damage caused by you to persons or property while participating in the trip, (iii) any force majeure or inherent risk of travel; or (iv) claims brought by third parties in connection with any of the foregoing. The terms of this Indemnification & Release paragraph shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.

4. Suppliers Terms.ETI issues airline tickets, hotel confirmations and other travel documents for such services as an agent for the Suppliers that provide these services directly.  All travel products, services, and components of your tour, including without limitation, group airline tickets and group hotel accommodations, are subject to the terms and conditions of the respective Suppliers (airlines, hotel chains, etc.) regarding group travel.  These suppliers may limit or exclude the accrual of frequent flyer or reward program points.  It is the participant’s sole responsibility to review these documents for accuracy.  ETI will not be liable for inaccuracies in any travel documents and you are solely responsible for acquiring and providing any and all information required for any travel documentation related to your trip. 

5. Changes by ETI or Suppliers.Changes in hotels or itinerary (for example, changes in or omitting cities, visitation points, revising the order of the itinerary, etc.) may be made at the discretion of ETI or the Supplier as they deem necessary or desirable, in their sole discretion. However, we will inform you as soon as reasonably possible if a Supplier needs to cancel or make a significant change to your confirmed booking. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier, but we will have no further liability to you. If between planning time and/or during actual travel, circumstances require changes, our Suppliers reserve the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on a tour. During local or national holidays or special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. ETI cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by you. Normal cancellation penalties still apply to the tour that has been changed.

6. Video/Photographic Likeness.ETI reserves the right to take photographic or film records of any of its trips and participant agrees that ETI may use any such photographic or film records for promotional and/or commercial purposes, as well as approve of such use by third parties whom ETI may engage without any remuneration to participant.  Participant assigns to ETI all right, title, and interest in or to any and all media in which his or her name or likeness might be used.

7. Conduct Expected.ETI and its Suppliers reserve the right, in their sole discretion, to refuse to retain any participant on tour who does not abide by its or their rules and regulations, and/or whose conduct is deemed to be severe enough as to endanger the participant, the welfare of other participants, staff members and/or third parties or the success of the program.  In the event of such termination, participant will be sent home at the sole expense of the participant and his or her parent or guardian. The manner and means of transporting the participant home shall be determined exclusively by ETI.  In the event of such termination, there will be no refund whatsoever.  In addition to these Terms and Conditions, the codes of conduct and/or rules and regulations that apply to the Sponsor’s normal day-to-day educational operations also apply to all participants at all times.  No alcohol or illegal drugs are permitted to be used by any individuals for the duration of the trip. Individuals on prescriptions must notify school personnel and a designee from the group must control prescription medications. If you are asked to leave a tour for bad behavior, violence, or any other disruptive action, you will not be refunded, and no credits will be provided. We are not responsible for any of your travel expenses that may arise from the moment you are asked to leave our tour. 

8. Travel Documentation and International Travel.Travel to certain destinations may involve greater risk than others. ETI urges travelers to remain informed daily as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including without limitation any COVID-19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, ETI will not be liable for damages or losses that result from travel to such destinations. 

It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up-to-date requirements US citizens should visit www.travel.state.gov. When travelling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: https://www.tsa.gov/travel/security-screening/identification. Air travelers with identification (ID) that does not meet the REAL ID ACT requirements will have to use alternate ID forms (passport, military ID, or permanent resident card) to pass TSA security checkpoints—even for domestic travel. Please visit www.travel.state.gov or https://www.dhs.gov/real-id for the most updated requirements for travel documentation. Visas are required when they apply. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. ETI strongly recommends that you consider that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities; please see https://help.cbp.gov/s/article/Article3643 for additional information. 

Certain countries restrict travelers with criminal convictions, even if expunged. Please inform us prior to booking with us if this applies to you and seek separate legal counsel to confirm your ability to travel to your desired destination. If you are denied access to a country or a Supplier due to a conviction, ETI shall not be liable for any losses, expenses, or refunds to you or anyone in your group. We do not specifically inquire about an individual’s criminal record in the interest of respecting your privacy. One example of such a restriction is if traveling to or through Canada, individuals with a Driving While Intoxicated (DWI) record should review current entry requirements. See: http://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp.

Recommended inoculations and vaccinations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations and vaccinations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/. 

You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing traveler to miss flight(s), and subsequent scheduled travel bookings trips.  ETI bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.

9. Travel Protection.ETI strongly recommends that you obtain adequate travel protection insurance coverage for your arrangements. Such protection at a minimum should cover your losses sustained as a result of cancellation, medical issues, and repatriation in the event of accident or illness. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including cancel for any reason coverage should be purchased in close conjunction with your travel purchase. ETI offers travel protection coverage through independent, third-party insurers, which includes Cancel For Any Reason, Trip Cancellation, Trip Interruption, Accident and Sickness, and Travel Delay protection for all participants, but ETI is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. ETI cannot evaluate the adequacy of the prospective insured's existing insurance coverage, and cannot guarantee that any insurance provider will approve coverage for a claim made under their policy. If you have any questions about your travel protection, call your insurer or insurance agent or broker. 

Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. ETI cannot be held responsible for denied entry if a guest is unable to provide details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred If you choose to travel without adequate travel protection, we will not be liable for any of your losses howsoever arising, in respect of which travel protection would otherwise have been available.  You should consult with your Sponsors to determine if travel protection has been purchased for you/your group.

10. Medical Treatment.If the participant becomes ill or incapacitated, ETI may take whatever action it deems necessary to preserve the participant’s health and safety, including, without limitation, obtaining medical treatment at the participant’s expense, and/or transporting participant at participant’s or parent’s/guardian’s expense back home for medical reasons.  The participant agrees to pay any extra expenses incurred for medical or other reasons.  If the group leader, Sponsors, and/or chaperone has paid such expenses, the participant will reimburse the applicable payee.

ETI retains the right in its sole discretion to contact participant’s school, parents and/or guardian with regard to health issues or any other matter whatsoever which relates to participant or participant’s trip.  You agree that these rights transcend, supersede and/or waive any rights you may have under applicable privacy laws and regulations (such as HIPPA) and understand that this operates as a waiver to your privacy of your medical information, to the extent ETI must rely on the same to make determinations in connection with your travel.

11. Medical Conditions & Persons with Disabilities.Participants with disabilities are welcome and must always be accompanied by a companion capable of providing all required and needed assistance and must not require special assistance from ETI or its suppliers.  You, your chaperones, group leaders, participants and Sponsors must notify ETI regarding any Participants with disabilities, and of the identity of the non-discounted, paid travel companion who will be responsible for providing all necessary assistance during the trip.  The Group should notify ETI if ADA accessible accommodations are needed no later than the deadline for the final rooming list.  ETI will make all reasonable efforts to accommodate this request, but shall not be responsible if ADA accommodations are not available.  Any accommodations provided will be at the sole expense of the participant requiring the accommodation.

For safety and liability reasons, ETI and its representatives shall not be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. All scenarios and special dietary requests regarding food and drink, including allergies, or dietary requirements and restrictions, are the sole responsibility of the participant. While most meal establishments can offer general options ETI cannot guarantee that options will be available. Just in case, we recommend packing extra food/snacks if accommodations cannot be met.  

12. Price Increases; Unused Portions of Tour.ETI reserves the right to increase the price of any trip when the contracted group size change is specifically incorporated in the group’s contract.  The participant agrees to pay such increases in price and shall not be entitled to cancel their reservation and receive a refund on these grounds. Additionally, there will not be any refund for any unused portion of your tour. If you cancel or otherwise remove yourself from the tour while your tour is in progress, even temporarily, there is no refund for any unused portions. If a flight, transfer or any other transportation is missed, whether by weather or other conditions beyond ETI’s control, participant is responsible to make his or her own arrangements and to pay all charges associated therewith.  

13. Air Reservations; Baggage; Re-Confirm Your Flight. Your contract for airfare is with the air carrier and subject to its terms, conditions and policies and we will not be liable for any fees or expenses, including without limitation, baggage fees, seating fees, change fees, cancellation fees or any other additional costs you incur with the air carrier. Taxes and fuel surcharges are subject to change prior to ticketing. Please keep in mind that the airline reserves the right to cancel flights, use substitute aircraft and/or alternative carriers and to make schedule changes or routing changes at any time. Consequently, schedules shown in timetables, itineraries, e-ticket receipts, statements, or any other document issued by ETI cannot be guaranteed. You hereby release and waive any claims against ETI arising from delays, schedule changes, or cancellations made by the airline (or any other Supplier).

In addition to standard baggage fees, some airlines may also impose embargoes on non-standard size and weight containers (boxes, duffel bags, etc.) and may not accept such items at flight time. ETI will attempt to assist you if you have questions, however, the final agreement for air ticket and baggage allowances is between the airline and you alone. ETI, as an agent for you only, disclaims responsibility or liability for changes in baggage allowances. If your reservations include hotels, ships, or coaches, there may be additional costs for transportation and porterage of more than one piece of baggage.

Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: https://www.transportation.gov/airconsumer/spray. Additionally, federal law prohibits passengers from bringing hazardous materials on the aircraft. Federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Example include paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed http://www.tsa.gov/traveler-information/prohibited-items.

14. Electronic Communications.We may check in with you via email and/or text message before, during, and after your trip to ensure everything runs smoothly. You consent to receive electronic communications and you agree that all documents, notices, disclosures, and other communications that we provide to you electronically, via email or through text, satisfy any legal requirement that such communications be in writing. You must ensure that all emails from “@tours-eti.com”, “wetravel.com”, and “groupcollect.com” are designated by you and/or your applicable email provider as permitted and/or ‘safe senders’ so the emailed messages are received by your email provider and in turn, you.

15. Notice and Waiver of Claims. All participant complaints, payment-related requests, or any other claim against ETI must be submitted in writing and received by ETI no later than sixty (60) days after the completion of the applicable tour, and furthermore, you agree to file suit within one (1) year of the incident giving rise to your claim, and you acknowledge that this expressly limits the applicable statute of limitations to one (1) year.Participant claims not submitted and received within this time shall be, to the fullest extent provided by law, deemed irrevocably waived, barred, null and void. 

16. Governing Law/Venue/Jury Waiver.These Terms and Conditions and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Michigan exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in the State of Michigan. You agree that you will only bring claims against ETI in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. ETI shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. 

17. These Terms and Conditions, including the terms and conditions of our Suppliers, and any other documents, including invoices, that we provide you, constitutes the entire agreement between you and ETI, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to ETI. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Failure by us to exercise or enforce any right or provision of these legally binding Terms and Conditions shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. The provisions of these Terms and Conditions which by their nature extend beyond termination or expiration of these Terms and Conditions (whether by operation of law or otherwise) shall survive the expiration or termination of these Terms and Conditions to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate.

18. Knowing and Voluntary Participation. You acknowledge, understand and agree that you have carefully read and fully understand the contents and legal ramifications of these Terms and Conditions. You understand that this is a legally binding and enforceable contract and a requirement for your participation in the tour, or your minor’s participation in the tour, as applicable. No additions, deletions or changes can be made to these Terms and Conditions, and if you do not agree with any part hereof, you (or your minor, as applicable) must not travel with ETI.