BOOKING Terms & CONDITIONs
BOOKING TERMS & CONDITIONS
These are the terms and conditions under which Fitness International Travel, LLC (“FIT”) offers and operates its marathon tours (the “Booking Terms & Conditions”). By registering and paying your deposit for a tour, you confirm that you have read, understand and agree to these Booking Terms & Conditions, which you acknowledge constitute a legally binding obligation. Accordingly, please read these terms carefully before making a deposit or payment for a tour. These Booking Terms & Conditions are supplemented by additional terms and conditions specific to your marathon tour that are contained in the completed Booking Order (the terms included in such a Booking Order, the “Order Terms”) (the Booking Terms & Conditions together with the Order Terms, collectively, this “Agreement”). In the event of a conflict between the Booking Terms & Conditions and the Order Terms, the Order Terms will apply.
1. RESERVATIONS:
a. AIR: Airfare is not included in any FIT travel package. It is your responsibility to book your own air transit. If you would like assistance from FIT in the selection process for your flight(s) we are happy to assist to the extent possible. Please note that airport and security taxes are charged when paying for airfare, but additional taxes may be charged at some international/domestic airports upon arrival and/or departure.
b. TOUR: To reserve your place on a tour package, you must complete the Booking Order application form and pay the non-refundable initial deposit set forth in the completed Booking Order.
c. ENTRY: Guaranteed entry to a marathon event is only provided when booked with a travel package. Race entry-only booking options are not permitted.
d. PRICING: Prices are quoted at today's rate and are subject to changes in airfares, tariffs and conditions imposed by airlines, wholesalers or other service providers. All pricing is subject to currency fluctuations and/or price increases until paid in full. FIT may change any fees for a race travel package at any time prior to purchase without notice. Race events have a limited capacity, therefore travel packages for popular races may sell out quickly. All pricing is quoted and transacted in USD.
e. MATCH REQUEST-ROOMMATE: FIT loves when we can accommodate roommate matches for those travelling alone. FIT will do our best to match you in a room with someone of the same gender to avoid the single supplement. Matches are not guaranteed. Roommate match requests are selected on the Booking Order form. An administrative fee of $50 is applied to all confirmed match reservations. Should the person you are sharing with cancel during or after the booking process, you will be responsible to pay for the difference between the twin share price and the single rate, less the $50 fee. We will do our best to continue to try to match you in a shared room.
f. ALL TRAVELERS: Anyone staying at the hotel in the FIT hotel room block is registered as part of our package. If a registered client attempts to house a non-registered guest and/or invites them to attend any FIT scheduled activities, the registered guest’s tour package will be forfeited and parties may be denied access to future tours. FIT packages are exclusive to those booked on the tour. Please note that no exceptions will be made as this policy will be strictly enforced.
2. PAYMENT:
a. DEPOSITS. Each booking requires the following non-refundable initial deposits:
· A non-refundable deposit for the travel package at time of booking; and
· Where applicable, a non-refundable payment in full for race entry at the time of booking.
Payments of all deposits are due within 48 hours of acceptance of your Booking Order. Your booking is not complete until we receive a) a completed and signed Booking Order b) your acceptance of these Booking Terms and Conditions; and c) payment of your deposit in full. Please refer to the Booking Order form for specific details regarding the deposit and payment process for your travel package. FITs online registration and payment process requires payment in full at the time of booking.
b. FINAL PAYMENTS. All final payments are due one hundred and twenty (120) days prior to the departure date stated in your Booking Order (the “Final Payment Date”) unless otherwise specified. Please see the “Late Fees” section below for information on payments received after the Final Payment Date.
c. DISCLAIMER. FIT reserves the right to refuse a Booking Order application for any reason. Should your Booking Order application be refused, the full registration fee (including the non-refundable initial deposit) will be refunded to you. Places are limited for the events and are allocated on a first come first served basis.
3. LATE FEES / CHANGE FEES:
a. A $25 late payment fee will be applied for any payment received after the payment deadline set forth in the Booking Order. Any payment that is not received within 5 days of the payment deadline may, in FIT’s sole discretion, be considered a cancelled booking and the “Cancellation Policy” set forth below will apply.
b. For reservations made within 89 days from the date of departure, a $95 late booking fee will be applied.
c. For any changes made to an itinerary after the Final Payment Date, a $40 change fee per person per change (each, a “Change Fee”) will be applied once reservations have been confirmed. Notwithstanding the foregoing, however, for any changes to the itinerary requested less than thirty (30) days prior to departure, the Change Fee shall be $75 per person per change. Any Change Fee assessed by Fitness International does not cover or include any additional charges that may be assessed by any travel or event suppliers or other service providers, and it will be your full responsibility to pay all additional such change fees. Please note that FIT cannot guarantee whether change requests can be accommodated or applied to any itinerary and, accordingly, you understand that FIT cannot guarantee any changes can be made once a reservation is confirmed.
4. ACCEPTED FORMS OF PAYMENT:
a. Check or money order made payable to Fitness International Travel, LLC;
b. Paypal
c. Credit card (Visa, Mastercard or American Express).
If you opted to confirm your booking via deposit only, upon receipt of your completed Booking Order form, if your reservation is accepted, FIT will provide you with an invoice and a link for you to process your secure credit card transaction. Deposits are due within 48 hours of receiving your booking confirmation with FIT. Booking confirmations without a deposit within the 48 hour deadline will be automatically cancelled.
5. Billing Information Verification and Order Confirmation:
Event Registration is subject to credit card approval, and is processed only after a billing address, and other billing information, has been verified. Occasionally, FIT receives incorrect billing or credit card account information for a travel booking that can delay processing and delivery. In these cases, we will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, FIT may cancel your order without further notice. Notwithstanding the above, if you do not receive a confirmation email from FIT, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm (by contacting us via email) whether or not your Booking Order has been placed. Only you may be aware of any problems that may occur during the purchase process. FIT will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
6. CANCELLATION POLICY:
a. Before completing a Booking Order, carefully review your purchase. If you need to cancel your booking, your cancellation is subject to the following terms and conditions
· All race entry fees are non-refundable;
· All deposits are non-refundable;
· For any cancellation received by FIT prior to the Final Payment Date, FIT will refund fifty percent (50%) of the amount received prior to the cancellation date (excluding the total amount for the non-refundable deposits); and
· For any cancellation received by FIT less than 119 days from the date of departure, no refund will be provided.
b. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to a travel booking that you purchased. Without limiting the generality of the foregoing, you will not contact FIT to seek a refund. You will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase a travel booking from FIT. Should you do so, your booking may be cancelled and FIT may, in our sole discretion, refuse to honor pending and future travel bookings made from all credit card accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using our services.
c. Please note, certain airfares/land packages are non-refundable at the time they are purchased. Any penalty imposed by an airline is your responsibility.
7. EVENT CANCELLATION:
In the event that the race you are registered for is cancelled for any reason, the cancellation policy set forth above will apply. Notwithstanding the foregoing, FIT will refund any race entry and travel fees paid, if possible, and only if refunded by the race organizers.
8. FORCE MAJEURE:
If FIT is delayed or prevented (directly or indirectly) from performing any of its obligations under this Agreement by an event of force majeure (including, without limitation, an Act of God, pandemic, epidemic, heat, tornadoes, earthquakes, storms, lightning, floods strikes, trade disputes, fire, breakdowns, weather conditions, quarantine, interruption of transport, government or political action, acts of war or terrorism, acts of omissions of a third party, for any reason that would affect the safety and security of tour participants, or any other cause whatsoever outside FIT’s reasonable control), then FIT may, in its sole discretion, cancel all or part of any tour, itinerary or event . In any situation of force majeure, FIT shall not be deemed to be in breach of this Agreement or otherwise liable to you, whether for reason of delay in performance or non-performance. In the event of an Event cancellation for any reason, you will not receive a refund of your payment unless authorized by FIT. FIT will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled or postponed Event.
9. TRAVEL DOCUMENTS & TRAVEL INSURANCE:
U.S. passport holders must travel with a passport that is valid for at least 6 months from the date of return to the United States. Some destinations also require that visas be obtained prior to travel. We recommend that you check with the U.S. Department of State website for the latest passport and visa requirements. You are responsible for ensuring that all necessary travel documents are current and valid and for securing all documentation required for entry into your travel destination(s), including any required vaccinations, travel visas or other requirements.
Personal travel insurance is not included in the FIT package price. FIT highly recommends that you purchase travel insurance. It is your responsibility to ensure that you are adequately insured for the full duration of the trip for any incident of illness, injury, death, loss of baggage and personal items or cancellation/interruption and curtailment, as well as all of the activities you expect to participate in. Any questions about what travel insurance does or does not cover should be addressed directly to the travel insurance company. You personally assume full responsibility for any financial loss associated with your travel arrangements, and FIT will not be liable for travel or any other expenses that you or anyone else incurs in connection with your travel.
10. ASSUMPTION OF RISK / RELEASE OF CLAIMS:
Activities during your itinerary, including road racing, may involve inherent risks and dangers to participants and accordingly, you participate at your own risk. You understand that activities you participate in during your itinerary may include, but are not limited to the following risks: personal injury, disease or illness (including COVID-19 or any other disease resulting from the SARS-CoV-2 virus), the risk of accidents in remote places without access to medical facilities, transportation or means of rapid evacuation and assistance; the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances, war, extortion, kidnapping and terrorist activities; dangers and risks inherent in activities in underdeveloped countries; and dangers of local law enforcement activity. You hereby expressly assume all risks and dangers associated with your itinerary, and you hereby expressly waive, release, covenant not to sue and forever discharge and FIT and our agents, employees, officers, and directors from any and all liability, actions, causes of actions, suits, claims and demands arising out of or in any way connected with your booking or any activities in which you participate.
11. INDEMNITY:
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FIT AND OUR AGENTS, EMPLOYEES, OFFICERS AND DIRECTORS FROM ALL CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE, YOUR PARTICIPATION IN ANY ITINERARY ACTIVITIES, OR ANY VIOLATION BY YOU OF ANY PROVISION OF THIS AGREEMENT.
12. WARRANTY DISCLAIMER:
a. GENERAL DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF FIT’S SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIT MAKES NO WARRANTY THAT THIS WEBSITE’S SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. FIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FIT DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON, OR PROVIDED IN CONNECTION WITH, THIS SITE. FIT IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
b. SUPPLIERS. FIT acts only as an independent contractor to supply or arrange for the travel services named in your Booking Order or itinerary or otherwise to procure services or goods from third parties such as airlines, hotels and other lodging providers, local hosts, guides, bus lines, car rental companies, driving services, restaurants and providers of entertainment (the “Suppliers”). FIT makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Supplier and any transportation, tours, services, products or facilities provided by Suppliers. FIT assumes no responsibility whatsoever (and will not be liable) for any personal injury, property damage or other loss, accident, delay, misrepresentation, disappointment, inconvenience or irregularity which may be occasioned by reason of any act or omission of any of the Suppliers. All activities, transportation, lodging, and other events provided by Suppliers as part of an itinerary are subject to the terms and conditions contained in the Supplier’s tickets, exchange orders or vouchers issued by them and/or their suppliers, and FIT is not a party to those terms nor is it liable for any breach of those terms by any Suppliers.
13. LIMITATION OF LIABILITY:
a. FIT IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY SUPPLIER, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES.
b. In no event shall FIT be liable to you for any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive, special, exemplary or incidental damages, however caused, and whether sought in contract, tort or under any other theory of liability, and regardless of whether FIT has been advised of the possibility of such damages. Without limiting the foregoing, FIT will not be responsible for (a) the use or the inability to use this website or FIT’s services; (b) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website; (c) your participation in any itinerary activity or race coordinated by FIT; (d) personal injury (e) unauthorized access to or alteration of your transmissions or data; (f) statements or conduct of any third party on the FIT travel tours; (g) any other matter relating to this website or FIT products or services. You agree that FIT’s maximum liability to you, for any reason or cause whatsoever, shall not exceed the amount actually received by FIT from you. NOTHING IN THESE TERMS OF PURCHASE SHALL BE CONSTRUED AS LIMITING OR EXCLUDING FIT'S LIABILITY FOR: FRAUD OR FRAUDULENT MISREPRESENTATION OR ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THESE TERMS OF PURCHASE.
14. Safety and Security:
a. You agree to observe and obey all applicable laws, posted rules and warnings, to follow any instructions or directions provided to you by FIT and/or the operator of the race you may be participating in. You understand and agree that you are expected to exhibit appropriate behavior at all times while participating in the itinerary activities and while participating in or attending the race. This includes, generally, respect for other people, equipment, facilities, or property. You agree that FIT may eject you from the travel tour, without refund, should your behavior, in the sole reasonable opinion of FIT, endanger the safety or security of other tour participants or third parties. Breach of this Agreement or any applicable rules will terminate your right to participate in the itinerary activities, without refund.
b. Certain items may not be brought onto the property of any tour hotel, restaurant, vehicle or other tour premises, including without limitation, illegal drugs, controlled substances, firearms, or knives. You understand and agree that you are responsible for taking care of your own personal belongings during the Event and, to the maximum extent permitted by law, FIT is not responsible for any personal item or property that is lost, damaged or stolen during the tour.
c. You knowingly and voluntarily agree to comply with and adhere to all necessary and required COVID-19-related safety and risk mitigation practices during your attendance and participation in the itinerary activities, whether communicated verbally or in writing. Such practices may include, but are not limited to: (i) recognized social distancing practices (i.e. maintaining 6 feet of space between yourself and other individuals); (ii) wearing a proper face mask; (iii) washing hands and/or using hand sanitizer frequently and avoiding touching of the face, and (iv) complying with other applicable governmental regulations. You acknowledge and agree that your compliance with these safety and mitigation practices is not only for your own benefit but also for the benefit of other tour and race participants and spectators. You voluntarily and knowingly assume the risk that you may be exposed to the novel coronavirus or persons with the COVID-19 disease as a result from a failure to comply with such practices. Further, notwithstanding the foregoing, you agree that you provide notice to FIT if you have, in the fourteen (14) days prior to your departure date: (i) been tested for or have a suspected or confirmed case of COVID-19; (ii) experienced any symptoms of COVID-19 including, without limitation, fever, cough or shortness of breath; or (iii) been exposed to or in close contact with a person known to have COVID-19 (or any known symptoms thereof).
15. IMAGE RIGHTS RELEASE:
By entering into this Agreement, you irrevocably grant unlimited permission to FIT to use, reproduce, sell, disseminate and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of your participation in any itinerary event or related activity for any legitimate purpose in perpetuity and you understand that you will not be entitled to any compensation in connection therewith. You further hereby irrevocably and absolutely grant permission to the FIT to film, videotape and record your participation in the itinerary activities and subsequently to telecast, sell, distribute and otherwise utilize the same in whatever manner FIT shall deem appropriate. Such permission shall include granting the unlimited and irrevocable rights to FIT, without compensation of any kind to you, to use, reproduce or broadcast, your name, nickname, image, likeness, voice, and photograph in connection with the itinerary activities.
16. PRIVACY:
By entering into this Agreement and completing a travel booking with FIT, you understand and agree that the collection, use and sharing of your personal data is subject to our Privacy Policy (www.fitnessinternationaltravel.com/privacy-policy). In accordance with our Privacy Policy, you agree your personal data may be used and retained by FIT for the following purposes and for other purposes as shall be agreed between us:
1. For the provision of the tour and services set forth in the Booking Order;
2. For the marketing of services by FIT, its agents or affiliates; and
3. For purposes of processing of any payment instructions as directed.
17. Authority to Register and/or to Act as Agent:
You represent and warrant to FIT that you have full legal authority and capacity to complete the Booking Order form, including accepting these Booking Terms and Conditions, including full authority to make use of the credit or debit card to which fees related to the race registration will be charged.
18. Governing Law:
This Agreement, and any dispute with respect thereto, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts (regardless of the laws that might otherwise govern under applicable Massachusetts principles of conflicts of law).
19. Mediation:
If a dispute arises out of or relates to this Agreement, or your involvement in the itinerary activities, and if said dispute cannot be resolved or settled through negotiation, you - individually and on behalf of all of your heirs, personal representatives, executors, successors and assigns - agree that prior to the filing of any arbitration, or other legal action consistent with the provisions of this Agreement, will first attempt, in good faith, to settle the dispute by non-binding mediation administered by the American Arbitration Association. The mediation shall take place in Boston, Massachusetts, and shall be facilitated by a neutral appointed by the American Arbitration Association. The costs of such mediation shall be shared equally by the parties thereto.
20. Arbitration:
a. All controversies, disputes or claims arising out of or related to this Agreement, to the extent not first resolved through negotiation and mediation, will be submitted to and for binding arbitration in front of a single arbitrator of the American Arbitration Association, conducted in accordance with the American Arbitration Association’s then-current Consumer Arbitration Rules, at the American Arbitration Association’s offices in Boston, Massachusetts. All matters related to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. §§1 et seq.) and not by any state arbitration law.
b. The arbitrator will have the right to award or include in the award any relief which the arbitrator deems proper in the circumstances, except that the arbitrator does not have the right to award exemplary, punitive, penal or multiple (e.g. double or treble) damages. The award and decision of the arbitrator will be conclusive and binding upon all parties hereto and judgment upon the award may be entered solely in the United States District Court for the District of Massachusetts.
c. The arbitrator will not have the authority or right to add to, delete, amend, or modify the terms, conditions, or provisions of this Agreement. All findings, decisions and awards of the arbitrator will be limited to the dispute(s) set forth in the written demand for arbitration (and any submitted counterclaim), and the arbitrator will not have authority to decide any other issues unless the parties to the arbitration mutually agree thereto.
d. You - individually and on behalf of all of her/his heirs, personal representatives, executors, successors and assigns - acknowledge and agree that any arbitration will be conducted only on any individual, not a class-wide, basis, and that an arbitration proceeding initiated by you and/or your heirs, personal representatives, executors, successors and assigns, may not be consolidated with any other arbitration proceeding. No findings, conclusions, orders or awards emanating from any arbitration proceeding conducted hereunder may be introduced, referred to, or used in any subsequent or other proceeding as a precedent, to collaterally estop any party from advancing any claim or defense or from raising any like or similar issues, or for any other purpose whatsoever. The principles of collateral estoppel shall not apply in any arbitration proceeding conducted under this section.
e. Further, you - individually and on behalf of all of your heirs, personal representatives, executors, successors and assigns - acknowledge and agree that notwithstanding any provision of law which provides for a longer limitations period, neither you nor your heirs, personal representatives, executors, successors and assigns will bring, commence, or maintain an action or claim of any kind, in connection with liability or obligation in connection with this Agreement, or otherwise, unless brought before the expiration of the earlier of: (i) one (1) year after the date of discovery of the facts resulting in such alleged liability or obligation, or if earlier, the date such facts should or could have been discovered with reasonable diligence; or (ii) eighteen (18) months after the date of the first act or omission giving rise to such alleged liability or obligation. Actions and claims brought or asserted after expiration of the applicable limitations period shall be barred.
21. Severability: If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.