Any person reserving or purchasing any Excite, Inc. product published in a brochure accepts the condition that Excite Inc. reserves to itself the exclusive right to change or cancel itineraries, hotels, and other experience components whenever it is deemed necessary. If this occurs, every effort will be made to offer alternate dates and/or programs.
Published times on itineraries are as accurate as possible but subject to change due to traffic, weather, mechanical and any other conditions beyond Excite’s control that prevent Excite Experiences from operating as scheduled. Excite Inc. expressly disclaims any liability for any damages that may be incurred for any changes, cancellations or delays on any itinerary on any Excite Experience.
All rates published are per person as indicated and are based on double occupancy when only one rate is shown. Reservations will be accepted subject to availability at the time of a request and will be considered confirmed only upon receipt of a minimum deposit or payment in full. Child land rates are available and are valid for ages 5-12, sharing a room with two full paying adults.
Excite Inc. does not accept liability in the case of any passenger being denied boarding by any airline carrier due to the carrier’s over-booking of a flight. All cancellation charges, fees and refunds for any experience within this brochure are in effect as of the effective date as indicated below and supersede any other previously printed policies relating to these same charges.
Neither Excite Inc., its affiliated entities and its and their employees, shareholders, officers, directors, successors, agents, and assigns (collectively “Excite”), own or operate any person or entity which is to or does provide goods or services for these trips. Excite Inc. does not maintain control or operate the personnel, equipment, or operations of these suppliers it uses and as such Excite Inc. assumes no responsibility for and cannot be held liable for any personal injury, death, property damage or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of (1) any wrongful, negligent, willful or unauthorized acts or omissions on the part of any of the suppliers or other employees or agents, (2) any defect in or failure of any vehicle, equipment, or instrument owned, operated or otherwise used by any of these suppliers, or (3) any wrongful, willful or negligent act or omission on the part of any other party not under the supervision and control of Excite Inc..
Additionally, responsibility is not accepted for losses or expenses due to sickness, lack of appropriate medical facilities or practitioners, weather, strikes, theft or other criminal acts, war, terrorism, computer problems, or other such causes. All services and accommodations are subject to the laws of the country in which they are provided. Excite Inc. reserves the right to make changes in the published itinerary whenever, in their sole judgment, conditions warrant, or if Excite Inc. deems it necessary for the comfort, convenience, or safety of the tour. Excite Inc. reserves the right to withdraw any experience announced. Excite Inc. reserves the right to decline to accept any person as a member of the experience, or to require any participant to withdraw from the experience at any time, when such action is determined by the experience guru to be in the best interests of the health, safety, and general welfare of the experience group or of the individual participant. Neither does Excite Inc. accept liability for any carrier’s cancellation penalty incurred by the purchase of a non-refundable airline or other ticket to the tour departure city and return or otherwise. Baggage and personal effects are the sole responsibility of the owner at all times. Participants may be photographed for the promotional purposes of Excite Inc. Payment of the deposit to Excite Inc. constitutes acceptance of these terms and conditions.
I agree that any dispute concerning, relating, or referring to this contract, the brochure or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association in the State of Nebraska. Such proceedings will be governed by and in accordance with substantive Nebraska law.
The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.