All services provided by Remote Control Touring, LLC are subject to this Exhibit.
*IMPORTANT INFORMATION REGARDING YOUR BOOKING: Acceptance of any booking is agreement to and confirmation that you understand and agree with the following terms and conditions (this “Agreement”).
Remote Control Touring, LLC (or any of its affiliated entities) is referred to as “RCT”.
RCT does not receive any commission for the services it arranges through travel agents or other providers. The amounts charged to your credit card for travel RCT arranges for you are the amounts charged by the travel agent, without markup by RCT. Rather RCT, charges for the logistics services it provides to you (the “Fees”). These terms are subject to change without notice to you. Your continued use of our Services shall constitute your acceptance of such changes.
I. Jurisdiction and Class Actions: This Agreement and all interactions between you and RCT shall be governed by and construed in accordance with the laws of the State of Delaware but brought only in the State or Federal courts located in New York, New York. In all respects it shall be treated as a contract of made in and governed by such laws. The customer expressly waives his or her right to participate in a class action suit against RCT for any cause of action arising out of this Agreement. All disputes arising out of or in connection with this Agreement that cannot be amicably settled between you and RCT shall first be submitted to a single arbitrator, under Delaware law but located in New York, New York. The decision of the arbitrator can be appealed to the courts located in New York, New York applying Delaware law. Should a party appeal the decision of the arbitrator, then the non-prevailing party shall bear the post appeal costs of the prevailing party.
II. Emergency 24/7 Support: RCT provides 24/7 Emergency Support services to our customers. For emergencies within 24 hours of departure or while you are travelling; if in need of assistance, please contact the number of the contact provided to you in the scope of work. For medical emergencies, DIAL 911.
III. Travel Agent: RCT and its affiliated entities act as a logistical coordinator which includes booking certain services, including, without limitation, air, vehicle rental and lodging, through a travel agent. We coordinate various travel related products with, among others, travel agents, on behalf of numerous transport, accommodation service providers, including, but not limited to airlines, coach, rail, cruise line operators and hotels. RCT does not own, operate, manage or control these independent suppliers of services and is not liable for their acts or omissions. RCT obligations to you are to logistically coordinate your groups’ itineraries by booking through a travel agency and, in some cases, to arrange relevant contracts between you and other service providers to arrange for shipping and movement of your equipment. We have no responsibility for these services, nor do we have the authority to make any warranty or representation regarding their standard. A request cannot be guaranteed. All bookings are subject to the terms and conditions and limitations of liability imposed by these travel service providers. You understand that your legal recourse is against the specific provider not RCT.
Therefore, you agree to indemnify, defend and hold RCT harmless for any claim you or a service provider may have in connection with your action or inactions and/or that of any service provider.
IV. Important Conditions: All prices are in United States Dollars. Prices for services providers are only estimates and are subject to increase prior to the time you make full payment. Prices are not subject to increase after you make full payment, except for charges resulting from increases in government-imposed taxes or fees. As noted above, by making the booking, you expressly acknowledge your acceptance of these conditions (i.e. increases before full payment and increases attributable to government-imposed taxes, fees or carrier imposed surcharges after full payment will be your responsibility) applicable to your purchase. Additionally, there may be surcharges, e.g. fuel, Internet access.
V. Fees & Payment: After you make the initial deposit, you will receive an e-mail containing details of the work you and RCT have contracted for RCT to perform, and a services agreement confirming the purchase. It is your responsibility to verify that the information contained in that e-mail and its attachments correctly reflect the services purchased. If the information in the e-mail is incorrect, you must contact RCT within twenty four (24) hours of receiving the email to have RCT correct or cancel it to avoid a termination and/or change fee. Should you fail to do so, the details will be deemed to be accepted by you.
RCT may apply service or administrative fees to bookings made for certain services requiring above average administrative work or correspondence. Your RCT consultant can provide you full details on request.
Surcharges may be imposed for credit card transactions.
Be sure you understand these charges. If you change your plans en route, you must inform RCT for our database and reporting tools to be updated with all changes. If you are holding guaranteed third party reservations that you may wish to cancel, notify such third party as soon as possible. Deposits and prepayments are subject to such third party’s cancellation policy.
Please ensure you have read and fully understand all of the terms and conditions of this Agreement, the scope of work and any services agreement. Please contact us if anything is not clear to you.
Prior to beginning its work for you, RCT generally requires a deposit for its services. Once RCT has begun its work on your behalf, the deposit is non-refundable. It is RCT’s compensation for its work performed, regardless of whether your tour is subsequently cancelled.
RCT may agree to approach work in stages and charge its Fees as defined and agreed to by you and RCT in writing (each a “Stage”). Once RCT commences work on a Stage, the Fees for that Stage are immediately earned and non-refundable.
VI. Tax: You are responsible for paying all taxes associated with services to the extent the taxing authority intends that they fall on you, the consuming party.
VII. Work Commencement: Unless otherwise agreed in writing, RCT work will usually commence within two (2) business days of deposit receipt. Any anticipated completion date provided by the RCT is subject to options chosen and client co-operation in provision of information, resource (E.g. logos, images) and approval.
RCT will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, changes requested, or additional requirements may potentially result in delays. Time lines provided are estimates only. RCT shall not be liable for project over-runs due to delays caused by the your failure to act as required, including, without limitation, providing information or approval, or any third party issues or force majeure (act of God).
VIII. Communication: RCT’s primary methods of communication with you will be via email and phone. It is essential that you inform RCT of your correct contact information at all times. If you do not have access to email at any time, it is essential that you provide RCT an alternate way to contact you.
All documentation that RCT provides you will be delivered by means of e-mail, via the Internet, facsimile transmission, by priority mail, or in person, depending on time constraints and/or the services provided. For documents issued by third parties, please see the relevant scope of work. If the customer elects to have any documents delivered by courier, applicable courier charges will be payable by the customer. Documents issued for packages purchased fewer than four (4) days prior to the date of travel will be available electronically only.
IX. Charges for Additional Services: if applicable, any additional services beyond those set forth in the executed scope of work that RCT performs on your behalf will be charged at the rates disclosed to you at the time that you request the additional services.
Third party Additional Fees: Additional taxes and surcharges (including carrier imposed surcharges) that cannot be pre-collected may be charged locally by car rental agencies, hotels or other suppliers.
Third party providers may charge additional fees for baggage. Please contact your airline or other transportation provider or refer to its website for detailed information regarding their checked baggage policies.
X. Final Payment: Final payment for RCT’s services is required within ten (10) days of the completion of its services to you. RCT accepts wire transfer, cash, check, debit card or credit cards (AMEX, Visa, or MasterCard). Should you wish us to charge your credit card we may require you to read and sign a credit card charge form.
Should you fail to pay the Fees when due RCT may charge interest on overdue amounts at the maximum rate allowed by law, calculated from the date the Fees were due.
XI. Cancellation: Please be aware that most travel bookings are non-refundable and cancelled bookings will incur charges. These charges can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Where we incur any liability for a cancellation fee or charge for any booking which you cancel, you agree to indemnify us for the amount of that fee or charge.
XII. Warranty: You agree to alert RCT in writing to any defects or problems in relation to work and services provided, within five (5) days of the earlier of either receipt of confirmation or billing for the relevant services. If reasonably possible, RCT will try to correct such defects as soon as possible.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, RCT DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY, WHETHER SUCH REPRESENTATION OR WARRANTY BE EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY REPRESENTATION OR WARRANTY FROM COURSE OF DEALING OR USAGE OF TRADE.
XIII. Third Party Transactions: If for any reason, any travel service provider is unable to provide the services for which you have contracted, your remedy lies against the provider, and not against RCT. In the event that payment has been made to RCT by credit card, you agree that you will not seek to charge back your payment to RCT. If RCT incurs any costs, including but not limited to attorneys’ fees, to recover any payments charged back by your credit card company, you agree that you will be liable for these costs. If the credit card is declined, you guarantee that you will settle any amounts owing to RCT via money order or cash immediately.
XIV. Insurance: Your personal insurance may not adequately cover losses you may sustain. These may include, for example, without limitation, cancellation, accident, illness, stolen or damaged property. We strongly urge you to purchase additional insurance to cover such risks.
RCT can provide you a referral to a third party insurance broker. RCT recommends that you purchase additional insurance that may include, for example, without limitation, cancellation, health, equipment and gear and all other insurance to cover your risk. Such insurance is your responsibility and not a part of RCT’s services. If you do purchase additional insurance, all such policies shall name RCT as an additional insured, be primary and include a waiver of subrogation in favor of RCT.
XV. Responsibility: We always do our best to make sure your travel arrangements are satisfactory. However, RCT and its affiliates and their employees, shareholders, subsidiaries, officers, directors, successors, agents and assigns do not own or operate any entity which provides goods and services for your travel including without limitation, lodging facilities, airline, vessel, motor coach, or other transportation companies, guides or guide services, local ground operators, providers or organizers of optional excursions, food service providers, etc. All such persons and entities are independent contractors and are in no way affiliated to RCT or any of RCT’s affiliated entities.
XVI. Liability: RCT is not liable for any act or failure to act of any travel service provider or of any third party. In addition and without limitation, RCT is not responsible for any injury, loss, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services whether resulting from, but not limited to, acts of God or force majeure, illness, disease, acts of war or civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, 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 on time. Also be advised that certain foreign facilities such as air-conditioning systems in public places, hotels and motor coaches may not be up to U.S. standards. If due to weather, flight schedules or other uncontrollable factors you are required to spend additional night(s), you will be responsible for your own hotel, transfers and meal costs. Baggage is entirely at owner’s risk. You may see the name RCT affixed to motor vehicles, on signs around the hotel or elsewhere. This use of our name is purely for reasons of identification and does not denote ownership, supervision, or control by RCT in any way. The prices of these tours are based on rates in effect (including foreign exchange rates) at the time of printing and are subject to change without notice. Under circumstances where liability cannot be excluded, such liability is limited to the value of the purchased RCT Services (excluding, among other things, amounts paid to vendors and/or third parties). You specifically agree that RCT is not liable for any consequential loss or damage.
XVII. Passports: It is your responsibility to ensure that you have valid travel documentation, including but not limited to passports and visas, which meet the requirements of immigration and other government authorities at every destination. You are responsible for confirming with the United States Department of State or representative government agency of the country to which you are traveling to confirm the requirements for visas and/or other requirements for admission to your destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility. A government issued ID is required for travel within the USA.
XVIII. Minimum Age: You must be at least 18 years old to purchase services from RCT. You must have some form of government identification evidencing the same.
XIX. Travel Documents: Travel documents including, without limitation, airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a service provider are likely be subject to certain conditions and/or restrictions such as, but not limited to, being nonrefundable, non-date-changeable, and subject to cancellation and/or amendment fees. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder. An incorrect name on a booking may result in an inability to use that booking and the booking being cancelled. Any errors in names, dates and timings may result in an inability to use that booking and the booking being cancelled. Any errors in names, dates and timings on your documentation will be your responsibility if not advised at the time of booking.
XX. Health and Special Requirements: It is your responsibility to ensure you are aware of any health requirements for your travel destinations and to ensure that you carry all necessary vaccination documentation. Please advise RCT of any special requirements you may have, for example, special meals, medical requirements and so on.
XXI. International Flights: Some countries require insecticide spraying of aircraft prior to a flight or while you are on the aircraft. Please see the Department of Transport disinsection website for more information.
XXII. Refusal of Service: Service providers reserve the right to refuse service to travelers at their sole discretion and including without limitation if the traveler:
i. Lacks proper documentation for the country of destination;
ii. Has a contagious disease;
iii. Is under the influence of alcohol, drugs or narcotics; and/or
iv. Manifests disruptive and/or unruly behavior.
RCT assumes no liability for the acts of the service provider in refusing service.
XXIII. Compliance: You are responsible for complying with all applicable laws and regulations in performing this Agreement. You will indemnify, defend and hold RCT harmless for any claim that you have not complied with all relevant laws.
XXIV. Intellectual Property: RCT or its third parties own and will continue to own all intellectual property rights, including, without limitation, patents, copyrights, service marks and trademarks that are found in or are a part of our:
Website(s) and content included on the website(s), and communications, including without limitation, documents, forms and the like (collectively “Documents”).
All rights are to the above are reserved. You are provided access to the above only for your personal and non-commercial use.
Subject to applicable laws, you may not, absent our permission, store, distribute, communicate to the public, adapt or create derivative works from any part of the website(s) or documents; or commercialize any information or services obtained from them.
The trade marks used on or in the website and documents (if any) are our trade marks or the trade marks of a third party. Nothing on the website or Documents should be construed as granting any license to use any trade mark without the permission of the owner.You must not use any of our trade marks:
i. As or as part of your trade marks;
ii. In connection with goods or services which are not ours;
iii. In a manner that may be confusing, misleading or deceptive; or
iv. In a manner that disparages us or our information or services or the website.
XXV. Publicity: RCT reserves the right to use client names in promotional material listing prior clients, and the like. No such listing will be made under the pretenses of a recommendation or unsubstantiated recommendation of RCT services. From time to time RCT may request feedback on their services and any feedback given may be used in promotional material published without your consent or knowledge.