Terms & Conditions
Please read carefully. Your contract is with Destination Kitchen, LLC, 402 S. Royal Poinciana Dr., Tampa, FL 33609. Below are the terms and conditions of the agreement. Please read them carefully. When your book your trip and it is accepted by us, it is a legal and binding contract.
1. Destination Kitchen , (DK) cost includes: Services of a DK Leader; all accommodations, entrance fees; excursions and sightseeing; taxes; scheduled tour meals and specified gratuities for those meals; service charges and fees.
See trip itinerary for meals, and gratuities.
2. DK cost does NOT include: Airfare; excess baggage charges; cost of visas; vaccinations, medications; personal items; room upgrades; optional tours; optional meals; phone calls; baggage/trip cancellation/medical insurance or GRATUITIES not specified in the DK tour; i.e., hotel / bed & breakfast gratuities, for check in, check out and maid service. DK does not include any other costs explicitly included in point 1 above.
I would include a disclaimer that says something to the effect of “and any other costs not explicitly included in point 1…”3. On all trips, it is necessary for you to abide by the authority of the DK leader who represents Destination Kitchen, LLC. The decision of the DK tour leader as to the conduct, itinerary and objectives of the DK tour is final. Signing our booking form signifies your agreement to this. If in the opinion of the DK tour leader, your behavior or physical condition is detrimental to the safety, welfare and well being of the group as a whole, then you may be asked to leave (what does this mean? Sent back to the US?) the DK tour, without the right to any refund.
4. Medical vaccinations and other preliminary arrangements including passports and all procurements are entirely your responsibility and we accept no responsibility (meaning no refund?) in the event that these are not completed in time for departure.
5. Your booking is accepted on the understanding that you realize and accept the conditions risks potentially involved in travel, such as this DK trip represents. You must tell us if you have an existing medical condition or disability that might affect your DK trip before you book the DK trip. If, in our reasonable opinion, your chosen DK trip is not suitable for your medical condition or disability we reserve the right to refuse your booking. We reserve the right to cancel the contract if medical problems are discovered (I would be very, very careful here – any specific guidelines?), in this eventuality the cancellation charges as outlined below will apply.
RESERVATION & PAYMENT POLICY
A deposit of $500 per person is required to secure a confirmed reservation and must be sent with the client reservation form. When more than one trip is booked, deposit and payment policies apply per trip. The final balance is due no later than 75 days prior to arrival at your destination. If you book less than 75 days prior to the departure date, full payment must be received before the booking can me accepted. (Why 75 days, do you owe payment at 60 days out?)
To make a reservation, contact Destination Kitchen directly.
PAYMENTS: check or money order. All payments should be made to Destination Kitchen, LLC.
All cancellations must be in writing. Cancellation policy as it applies.
Number of days prior to DK trip: Per person cancellation fee:
76 or more days Advance deposit ($500? Wow…)
75 days or less No refund
Under 75 days, full payment is due at time of booking.
We reserve the right, in any circumstance to cancel your tour. If we do cancel your DK tour, an alternative DK tour of a similar standard will be offered to you. If this is not acceptable any money paid by you to Destination Kitchen, LLC will be refunded. We do not accept liability for any loss or damage arising out of any cancellation on any account whatsoever.
Destination Kitchen, LLC Release and Indemnity Agreement:
For and in consideration to participate in the DK tour, each DK tour participant (client) and each parent or legal guardian of an DK tour participant who is under 18 agrees to release, indemnify, and hold harmless Destination Kitchen, LLC, its agents, servants, employees, shareholders, officers, directors, attorneys, and/or independent contractors or subcontractors as more fully set forth in the Release and Indemnity Agreement below. Destination Kitchen, LLC acts only as an agent for the passenger in regard to travel, whether by railroad, motorcar, motor coach, boat, airplane, or other means of transportation, and assumes no liability for injury, damage, loss, accident, delay, and/or irregularity caused by such transportation for any reason whatsoever, including the acts, defaults, defects, intentional acts, or bankruptcies of any company or person engaged in conveying the passenger and/or in carrying out the arrangements of the DK tour. Destination Kitchen, LLC has no responsibility for losses or additional expenses due to delay and/or changes in travel arrangements and/or other services, sickness, weather, strike, war, quarantine, and/or other causes. The DK tour (client) participant shall bear all such losses and expenses. Destination Kitchen, LLC reserves the right to substitute any service, including but not limited to hotels for those indicated and to make any changes in the itinerary where deemed necessary and/or caused by changes in travel schedules. Destination Kitchen, LLC reserves the right to decline to accept or retain any person as a member of any DK tour. Baggage is at owner’s risk entirely. Participants should be in good health and should consult a physician before undertaking a DK tour. If you have questions about the physical requirements of a DK tour, please contact our office for further information. Destination Kitchen, LLC is not liable for any health related illnesses or injuries. Each client is responsible to not participate in any activity that they are not physically fit to participate in. Participants should prepare for the DK tour by reading the detailed itinerary, and all other pertinent information provided by Destination Kitchen, LLC. Each participant is responsible for bringing appropriate clothing and equipment as recommended.
The receipt of your DK tour deposit shall be deemed to be consent to the above conditions. Each DK tour participant and each parent or legal guardian of an DK tour participant who is under 18 shall sign and deliver the Release and Indemnity Agreement to Destination Kitchen, LLC at the time of registration.
TRIP CANCELLATION AND MEDICAL EMERGENCY INSURANCE: Destination Kitchen, LLC strongly recommends you consider purchasing trip cancellation (including medical emergency) insurance to cover your investment in case of injury or illness to you or an immediate family member prior to or during an DK tour. Because we remit tour deposits to our suppliers, we shall not offer any refund when cancellation occurs within 75 days of departure, and only a partial refund from 76+ days prior to departure (see cancellation policy).
( ) I have purchased or will purchase trip cancellation /interruption insurance.
( ) I have declined optional insurance and understand that exceptions to the cancellation
penalties outlined above can not be made.
RELEASE AND INDEMNITY AGREEMENT: Each registrant named on the reverse desires to participate in the DK tour listed thereon. Therefore, each registrant knowingly and voluntarily WAIVES, RELEASES, SAVES, HOLDS HARMLESS and INDEMNIFIES Destination Kitchen, LLC, a Florida Limited Liability Corporation, its agents, servants, employees, shareholders, officers, directors, attorneys, independent contractors, and sub-contractors, past, present and future, their respective heirs, legal and personal representatives, successors and assigns (collectively, “Released Parties”), and all of their respective properties, assets and interests (“Released Property”) from, any and all claims, actions, causes of action, demands, rights, damages, costs, losses, liabilities, expenses, compensation, controversies, disputes, debts, dues and liens whatsoever, on account of, or in any way arising out of, any and all known or unknown, foreseen or unforeseen loss of life or personal injury, loss or damage to property, and the consequences thereof, directly or indirectly resulting from, incident to, in connection with, and/or arising out of the registrant’s participation in the DK tour (collectively, “Claims”).
IT IS MY/OUR INTENTION THAT THIS RELEASE AND INDEMNITY AGREEMENT SHALL APPLY TO ALL OF THE CLAIMS WITHOUT LIMIT AND, TO THE FULLEST EXTENT ALLOWED BY LAW, REGARDLESS OF WHETHER FOUNDED, IN WHOLE OR IN PART, ON ANY NEGLIGENT ACT OR OMISSION OF ANY OF THE RELEASED PARTIES, REGARDLESS OF THE DEGREE OF NEGLIGENCE.
I /we have received and read a copy of the Deposit and Cancellation Policies and the Responsibility clause, which are incorporated herein by reference for all purposes, and I/we understand, consent to and agree to be bound by the conditions and provisions stated in those policies and that clause. Each registrant affirms that he/she is in good physical health and able to tolerate the physical demands of the DK tour.
Client/DK tour participant signature
Mediation: Any controversy, claim or cause of action arising out of or relating to this Release and Indemnity Agreement or the performance by the Released Parties of their obligation of the DK tour, including, without limitation, any claim or cause of action relating to bodily injury, property damage or death, shall first be submitted by Registrant and the Released Parties to non-binding mediation in Hillsborough County, Florida.
Arbitration clause: If any controversy between Destination Kitchen, LLC and the client is not settled at mediation, the controversy, claim or cause of action shall be submitted to arbitration in Tampa, Hillsborough County, Florida, in accordance with the rules of the American Arbitration Association then existing and applying the laws of the state of Florida. Any award rendered by the arbitration panel shall be final and binding on the parties, and judgment thereon may be entered by a court in Hillsborough County, Florida having subject matter jurisdiction. If the client does not elect to have a controversy, claim or cause of action submitted to arbitration, exclusive jurisdiction and venue for any suit based upon a claim shall be filed with the Circuit Court of the Thirteenth Judicial Court in Hillsborough County, Florida. Client and Related Parties agree and stipulate that this agreement to arbitrate and the related agreements and transactions are in or affect interstate commerce. This agreement to arbitrate, or submit controversies or claims to a court does not waive or modify the Release and Indemnity as contained in the Release and Indemnity Agreement. I understand that I have the right to have all controversies heard in a court of law, and I agree to waive all rights to have any controversy heard in court and I agree to submit all controversies to arbitration.
Client/DK tour participant signature
I/we have read and understand this Release and Indemnity Agreement, which contains the entire and final agreement relating to the subject matter hereof. Its terms shall be binding on me/us and on my/our heirs, legal representatives and assigns. If any provision of this Release and Indemnity Agreement is determined to be void, unenforceable, ineffective, or against public policy, that provision shall be disregarded and deemed removed from this Release and Indemnity Agreement, and shall not affect the remaining provisions of this Release and Indemnity Agreement. The terms of this Release and Indemnity Agreement are contractual and not mere recitals. THIS RELEASE AND INDEMNITY AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF FLORIDA. VENUE FOR ANY ACTION OR LAWSUIT BETWEEN REGISTRANT, DESTINATION KITCHEN, LLC, OR ANY OTHER RELEASED PARTY ARISING OUT OF THIS AGREEMENT OR THE DESTINATION KITCHEN TOURS OFFERED BY DESTINATION KITCHEN, LLC, SHALL BE IN HILLSBOROUGH COUNTY, FLORIDA.
I have read the foregoing Release and Indemnity Agreement, understand the Release and Indemnity Agreement, and agree to be bound by the Release and Indemnity Agreement.
Name of Client/DK tour participant:__________________________________
Signature of Client/DK tour participant:_______________________________