Terms & conditions
The following terms and conditions (hereafter “Terms and Conditions”) apply to all organized group trips and related services (hereafter “Tour” or “Tours”) offered by Countrybred LLC, dba The Palatum (hereafter “The Palatum”), its employees, shareholders, officers, directors, subsidiaries, affiliated companies, successors, representatives and assigns (hereafter jointly referred to as “The Palatum,” “Palatum,” “we,” or “us”). References herein to “Participant,” “you,” or “your” shall apply to each and any of the following: the party participating in the offered Group Tour and/or the party who purchases the Tour or submits a Tour Booking Request for said Tour. The term “Itinerary” refers to the particularized schedule for a Palatum Tour. Please read these Terms and Conditions carefully and ask us any related questions before you agree to be bound by them. All Participants acknowledge that they have taken note of these Terms and Conditions before making a booking. By placing an order with The Palatum, all Participants agree to abide by these Terms and Conditions without reservation, and to be bound by the limitations herein. All bookings of Tours are also subject to any Terms and Conditions of the third-party suppliers of the travel services which are incorporated in a particular Group Tour. By placing an order with The Palatum, you agree to abide by the Terms and Conditions of the applicable suppliers without reservation, and to be bound by the limitations therein. If the supplier’s Terms and Conditions are ever in conflict with the Terms and Conditions of The Palatum, The Palatum will control all issues relating to the liabilities and responsibilities of The Palatum..
List of Contents:
- Area of Application
- Cancellations and Refunds
- Cancellations by The Palatum
- Modifications to Group Tour Itinerary by The Palatum or Participant
- Health and Fitness
- Guests Needing Assistance
- Travel and Cancellation Insurance
- Passports, Visas, Health Requirements, and Travel Risks
- Local Customs and Laws
- Legal Compliance and Proper Conduct
- Marketing Materials
- Disputes: Binding Arbitration, Governing Law, Jurisdiction, etc.
- Severability and Survivability
- Attorney’s Fees, Costs, and Expenses
- Limitation of Liability
- Force Majeure
- Baggage and Personal Effects
- Representations and Warranties
- Medical and Physical Conditions; Medical Emergencies
- Entire Agreement; Waiver; Modification
- Right of California Customer to Make Claim on the California Travel Consumer Restitution Fund
The Tours offered by The Palatum (a DBA of “Countrybred LLC”, herein referred to as “The Palatum”) are only available for purchase by members of The Palatum Society and who are residents of the United States (excluding Hawaii) and Canada while in the United States and Canada, its territories, possessions, and protectorates. The Palatum’s Tours are available to persons who successfully comply with the “Health and Fitness” requirements described below. The Palatum’s Tours are only available to participants who are 21 years of age or older, at the time of booking.
2. Area of Application
The Terms and Conditions may be amended or modified at any time, without notice, on the understanding that such changes will not apply to Tours booked prior to the amendment or modification. It is therefore essential that you consult and accept the Terms and Conditions at the time of making a booking, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you placed an order with The Palatum or reviewed our Terms and Conditions. Booking a Tour with us using our website is reserved only for Participants who have first taken note of these Terms and Conditions in their entirety, and who have accepted the same by:
- Submitting a Group Traveler Agreement Form with Acceptance of Terms and Conditions indicating that the Terms and Conditions have been read and accepted.
Without this acceptance the booking will not be processed.
To book a Palatum Tour, each Participant must submit:
A Deposit of $1,500.
* The deposit will be applied to the final Tour price unless the Tour is canceled by the traveler in which case the deposit becomes non-refundable and non-transferable in
- The balance of the Tour Price (the “Balance”) is due in accordance with the tour payment calendar prior to departure.
- Fees, Payment and Refund: Payments may be made by either: Credit Card, Check, or Money Order
The Palatum Tour “beginning from price” is the price charged for Tours with pre-selected: activities, excursions, guided services, meals and transportation to and from recommended airports, as indicated in the Tour itinerary. The “beginning from price” does not include any additional Palatum activities or excursions added by Participant, special requests or deviations to cities and/or airports from the recommended Tour itinerary. The “beginning from price” is estimated per person and includes (unless explicitly stated otherwise):
- Hotel stays at accommodations selected by The Palatum.
- Transport with driver for all travel days, excursions and airport transfers as indicated in the approved Palatum Tour.
- Private touring with local guides.
- Excursions and all associated entrance fees as indicated in The Palatum Tour itinerary.
- Daily breakfasts.
- Dining experiences as specified in The Palatum Tour itinerary.
Unless otherwise explicitly stated, the following will NOT be included in the Tour price:
- Air transportation
- Airport Taxes and Charges
- Excess baggage charges
- Airport parking
- Expenses for activities/excursions not included in The Palatum Tour itinerary
- Travel insurance including health, accidents, lost baggage and trip cancellation
- Passport and Visa expenses
- Personal expenditures
- Hotel incidentals such as room service, mini bar, laundry services and hotel bar tabs
- All other items that are not mentioned or included on your final The Palatum Tour itinerary
5. Cancellations and Refunds
At the time we receive written notice that you wish to cancel your spot on The Palatum Tour, a refund may be available in accordance with The PalatumTour cancellation policy. Please refer to your Tour’s specific payment and cancellation policy for more information. Please note that a no show passenger forfeits all deposits and payments made to The Palatum.
6. Cancellations by The Palatum
The Palatum reserves the right to cancel any Tour prior to the date of departure. If this happens, a full refund of the Tour will be provided to all Participants. However, The Palatum is not responsible for additional expenses incurred by Participants in preparation or anticipation of the Palatum Tour, including but not limited to non-refundable “Advance Purchase” air tickets, equipment, medical expenses, etc.
7. Modifications to Tour by The Palatum or Participant
The Palatum reserves the right, in its sole discretion, and at any time to make changes or substitutions to your scheduled Tour Itinerary due to emergency, changed conditions, weather or weather-related conditions or based upon other circumstances which may affect the Tour. Participant understands that any expenses Participant claims to have incurred due to these alterations, modification, or substitutions are Participant’s responsibility, including travel arrangements, change in accommodations, or otherwise. If Participant chooses to leave the Palatum Tour as a result of these changes, Participant understands there will be no refund of fees or of any expenses already paid. Participant understands that any additional fees incurred due to his/her election to vary his/her participation in the Tour is Participant’s responsibility, and will need to be paid on the date specified by The Palatum.
8. Health and Fitness
The Palatum’s itineraries may at times be physically active and interactive, so you must be in good health to participate. Please consult with your physician for pre-departure health advice. The Palatum reserves the right to refuse as a trip participant or remove from a Palatum Tour without refund, any person that The Palatum judges to be incapable of meeting the rigors and requirements of participating in the Tour, or who is abusive to others or who The Palatum determines disrupts the Tour or detracts from the enjoyment of the Tour by others. .YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND ALL MEDICAL TREATMENTS YOU MAY REQUIRE OR RECEIVE DURING THE JOURNEY. No medical personnel travel with, or as part of, The Palatum’s staff. The quality of medical personnel and facilities vary from region to region and cannot be controlled by The Palatum. In some parts of the world, substandard medical care is common and unavoidable. Hospital facilities are often unavailable and evacuation can be prolonged, difficult and expensive. The Palatum is not responsible for the costs of any medical treatment you may require during the Tour and assumes no liability regarding provision of medical care or lack thereof that you may receive while on the Tour.
9. Guests Needing Assistance
The Palatum regrets that it cannot provide individual assistance to a guest of walking, dining or other personal needs. Participants needing such assistance must be accompanied by an able companion who will assist them.
10. Travel and Cancellation Insurance
Optional travel insurance is available through, Travel Guard® and can be purchased through The Palatum with your Tour for an additional cost. Participants are also free to purchase optional travel insurance with any other company on their own. Participant acknowledges that it is Participant’s responsibility to understand the limitations of the Travel Insurance coverage and purchase additional insurance as needed. It is the Participant’s sole responsibility to research, evaluate and purchase appropriate coverage. Participant agrees that The Palatum is not responsible for any uninsured losses or for the acts or omissions of any travel insurance provider including those of Travel Guard ®.
11. Passports, Visas, Health Requirements, and Travel Risks
It is the Participant’s sole responsibility to ensure and verify that he/she has all the proper documents prior to travel. A full and valid passport is required for all persons traveling to any of the destinations outside the U.S. that The Palatum offers. You must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates required for your entire Tour. Most out of country Tours require a passport valid until at least six (6) months beyond the scheduled end of your Itinerary. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their Tour. If you try to enter a country where visa is required, and you do not have the visa, it is possible that you will be detained until there is an available flight to return you to your point of origin. Some countries require you to be in possession of a return ticket or exit ticket and have sufficient funds, etc. Similarly, certain countries require that the passenger produces evidence of insurance/repatriation coverage before it will issue a visa. You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all passengers when making a booking and appearing in your travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on your passport, visas, etc. Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or access online at http://travel.state.gov/travel or directly from the destination country’s website. We recommend that you check these before booking and also shortly before departure as requirements may change. Immunization requirements vary from country to country and even region to region. Up-to date information should be obtained from your local health department and consulate. You assume complete and full responsibility for, and hereby release The Palatum from, any duty of checking and verifying vaccination, visa, passport or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For State Department information about conditions abroad that may affect travel safety and security, go to http://travel.state.gov/travel/travel_1744.html, or contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to http://wwwnc.cdc.gov/travel/. It is your responsibility to ensure that you hold the correct, valid documents for the countries you are visiting and have obtained the necessary vaccinations, clearance to travel, and hold the necessary confirmations for medications required as we are not liable for any illness, delays, compensation, claims and costs resulting from your failure to meet these requirements. YOU ACKNOWLEDGE AND AGREE THAT THE PALATUM HAS NO LIABILITY WHATSOEVER IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, CRUISE SHIP OR OTHER TRANSPORT OR ENTRY INTO ANY COUNTRY DUE TO YOUR FAILURE TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION. IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON THE PALATUM, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING THE PALATUM IN FULL FOR SUCH AMOUNTS INCURRED BY THE PALATUM. Although most travel to participating destinations is completed without incident, travel to certain areas may involve greater risk than others. You assume sole responsibility for your own safety at any destination traveled to. The Palatum does not guarantee your safety at any time, and assumes no responsibility for gathering and/or disseminating information for you relating to risks associated with your destinations. BY OFFERING OR FACILITATING TRAVEL TO CERTAIN DESTINATIONS, THE PALATUM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND THE PALATUM SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
“Accommodations” are any lodgings in a dwelling or similar living quarters afforded to Participants including, but not limited to hotels, agriturisms, residences, motels, and resorts. The Palatum provides the accommodations for its Tour through third-party vendors that The Palatum does not own or operate. The Palatum does not guarantee the location or the amenities of the accommodations nor the performance of the third-party vendors. Accommodations are based on double occupancy. If you prefer single accommodations, you must pay a single supplement fee which will vary depending on the accommodation. Please contact us for specifics on the single supplement fees for each Palatum Tour.
13. Local Customs and Laws
Participant will be traveling to a foreign country, with different customs, standards, laws and risks than those they are accustomed to in the US or any other country in the world. Participant understands that he or she must be prepared to cope with the unexpected, with local customs and shortages, with the vagaries of weather, travel and mankind in general. As such, Participant acknowledges and accepts the risks associated with travel in a foreign country and agrees to release and hold The Palatum harmless for any such problems encountered while participating in their Tour. All Participants must know and obey the local laws and regulations of the countries they visit on their Tour. The Palatum is not liable or responsible for any damages, costs and/or added expenses incurred as a result of Participant’s failure to obey any local, provincial or federal laws.
14. Legal Compliance and Proper Conduct
Participant understands that his/her participation in the Tour may be terminated if Participant is disciplined by any civil or criminal authorities, or if The Palatum, in its sole discretion, determines that Participant’s conduct is incompatible with the interests, safety or welfare of other Tour Participants, The Palatum employees, third party vendors, suppliers of services, tour guides, independent contractors, etc.. In this event, Participant is responsible for arranging and paying for substitute travel and accommodations.
15. Marketing Materials
Participant understands that The Palatum reserves the right to take photographic or film records of any of its Tours. Participant agrees that The Palatum may use such photographic or film records or statements made by Participant for promotional and/or commercial purposes, as well as approve such use by third parties with whom The Palatum may engage in joint marketing. Participant consents to such use of Participant’s statements or photographs or film records without the payment of any compensation or other remuneration to Participant.
16. Disputes: Binding Arbitration, Governing Law, Jurisdiction, etc.
Participant may not assign his or her rights or obligations hereunder without the prior written consent of The Palatum. These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns.
18. Severability and Survivability
If any provision, or portion of a provision, in these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The parties agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.
Any notices required or permitted hereunder shall be given to the appropriate party at the address specified on the application. Such notice shall be deemed given: upon personal delivery; if sent by telephone facsimile, upon confirmation of receipt; if sent by electronic mail, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.
20. Attorney’s Fees, Costs, and Expenses
If any act of law or equity, including an action for declaratory relief or any arbitration proceeding, is brought to enforce, interpret or construe the provisions of these Terms and Conditions, the prevailing party shall be entitled to recover actual attorney’s fees, costs including the arbitrators costs and fees, and expenses.
The entire Agreement between Participant and The Palatum may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same Agreement.
22. Limitation of Liability and Release
The Palatum and its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, representatives and assigns (collectively The Palatum) do not own or operate any entity which provides, or is to provide, goods or services for Participant’s Palatum Tour including but not limited to, lodging facilities, transportation companies, food service or entertainment providers, equipment suppliers, operators of recreational, adventure or other activities (regardless of whether such activities are included as part of The Palatum Tour itinerary), local ground handlers, local guides, babysitters or daycare providers, etc. As a result, THE PALATUM IS NOT LIABLE FOR ANY NEGLIGENT OR WILLFUL ACT OR FAILURE TO ACT OF ANY SUCH THIRD PARTIES, OR ANY OTHER THIRD PARTY.
In addition, Participant acknowledges that he/she has voluntarily elected to participate in The Palatum Tour. Participant is voluntarily participating in The Palatum Tour with the knowledge of the numerous risks and dangers involved including but not limited to: negligence in any manner on the part of The Palatum including, without limitation, negligence in the conduct or arrangement of the Tour in any respect from inception to completion, negligence in the maintenance or operation of any motor vehicle utilized to transport passengers; acts of God or force majeure; acts of war or civil unrest; insurrection or revolt; acts of government; strikes or other labor activities; physical exertion for which Participant is not prepared; negligent or reckless conduct by Participant or others: forces of nature; weather conditions; transportation failures or the failure of any transportation mechanism to arrive or depart timely or safely, whether by plane, train, automobile, boat, canoe, kayak, bicycle, ski, horseback or other animal, by foot, or by any other conveyance; consumption of alcoholic beverages; risks associated with food or impure water; terrorism or the threat thereof; criminal activity; bites from or dangers associated with wild or other animals, pests or insects; negligence or willful misconduct by third parties; financial default of any supplier; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; epidemics or the threat thereof; stolen, lost or misplaced luggage or property; and theft or break-ins to buses, vans, lodging rooms or elsewhere. Participant 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, being a reason for Participant’s participation. PARTICIPANT AGREES TO BE RESPONSIBLE FOR HIS/HER OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PALATUM DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES, GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU , INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS.
23. Force Majeure
The Palatum shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond The Palatum’s reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, epidemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power services, terrorism or any other causes beyond the control of The Palatum or deemed by The Palatum to constitute a danger to the safety and well-being of the participants. The Palatum reserves the right to cancel any services relating to the Itinerary due to Force Majeure.
24. Baggage and Personal Effects
The Palatum assumes no liability for any loss or damage to baggage or personal effects, whether in transit to or from a The Palatum Tour, or during The Palatum Tour.
25. Representations and Warranties
Participant represents and warrants that Participant: (i) has all requisite power and authority to enter into and perform the obligations under these Terms and Conditions; (ii) will abide by all laws, rules and regulations and will comply with all local customs; and (iii) all of the information provided to The Palatum to facilitate Participant’s Tour is true and accurate.
Participant hereby agrees to indemnify, defend and hold harmless The Palatum from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys’ fees) and expenses, arising out of any claim brought against The Palatum regarding, resulting, or arising from Participant’s participation in a The Palatum Tour or Participant’s performance of this Agreement whether caused by the negligent, reckless or intentional conduct of Participant, including but not limited to personal injury or property damage caused by Participant while participating in the Tour.
27. Medical and Physical Conditions; Medical Emergencies
Participant certifies that they are responsible for managing their own medication and medical, physical, or allergic conditions during the Tour. Participant understands that in the event of injury to Participant, or exacerbation of Participant’s medical condition, The Palatum is not responsible. If a serious emergency arises, it may be necessary for a physician to attend to Participant, but Participant recognizes that The Palatum is not obligated to take any action to facilitate or assist that treatment. Participant releases The Palatum from any liability relating to any such medical care, whether secured by The Palatum on behalf of Participant or otherwise, and agrees to be responsible for any and all expenses incurred for said medical care.
28. Entire Agreement; Waiver; Modification
These Terms and Conditions, as well as Participant’s Application, constitute the entire understanding and agreement of the parties with respect to the subject matter covered by them, and supersede all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. No terms contained on any proposal, purchase order, acknowledgment or other document will be effective with respect to affecting the terms hereof. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party’s rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. The Palatum does not guarantee it will take action against all breaches of this these Terms and Conditions. No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.
29. Right of California Customer to Make Claim on the California Travel Consumer Restitution Fund
The Palatum is registered with the State of California as a Seller of Travel (Registration No. 2102099-50).
This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to the passenger when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which the passenger files a TCRF claim. the passenger may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting TCRC’s website at: www.tcrcinfo.org. Purchases of travel products from consumers outside of California are not covered by the California Travel Consumer Restitution Corporation.
The Palatum is registered with the State of Washington as a Seller of Travel (Registration No. 603067589). The Palatum is registered with the State of Florida as a Seller of Travel (Registration No. ST38749). The Palatum is registered with the State of Iowa as a Seller of Travel (Registration No. 1208).
Per California Seller of Travel Law, we have a $10,000 bond with International Fidelity Insurance Company. Per Washington Seller of Travel Law, we have a $10,000 bond with International Fidelity Insurance Company. Per Florida Seller of Travel Law, we have a $10,000 bond with Old Republic Surety Company.