IMPORTANT!!!!! Please be sure to read before confirming your trip, and applying payment.
VACATION SERVICE AGREEMENT TERMS with Epicurean Tours Inc, located at 400 Pacific Blvd, Long Beach, NY 11561, dba Breaknow.com, herein referred to as ETI, has arranged the vacation packages described in this brochure/flier/invoice/website/confirmation. All checks or money orders are to be payable to Epicurean Tours Inc. Subject to the terms of this Services Agreement, (the "Services Agreement" or "Agreement"), ETI and its Licensors make available online information and services to registered Breaknow.com Members or other authorized users. By clicking the "I Agree" button when registering or by using the web sites owned and/or controlled by ETI (the "Site(s)"), you are indicating that you are 18 years old or older, and if you are under 18, you have received consent from your parent or guardian, to be bound by all of the terms in this Agreement. The term "using" means the use and availability of, access to, transmission to or from or any exchange of information or communication in connection with or arising from the Site(s). You may print and keep a copy of this Agreement. ETI may change the terms in this Agreement at any time. Any changes will appear in this document, which you can access at any time by returning to this page. It is your responsibility as a user to refer to the terms on accessing the Site(s). Changes will be effective the day after first posting to the Site(s) and you will be deemed to have accepted any change if you continue to access the Site(s) after that time.
View our Brochure/Flyer/Invoice/Website/Confirmation for Package Inclusions. All package inclusions are subject to the terms and conditions contained herein. Unless indicated otherwise in our brochure/flier/website/invoice/confirmation, land only packages , hotel only packages, and cruise packages do NOT include airport transportation. Package prices are subject to change, without notice, until payments are processed and confirmed in our office, along with but not limited to increases in airline fuel, available class of service with airline, government taxes/fees, etc. Any fuel related increases and/or changes in government taxes/fees will be assessed at least 10 days prior to departure and must be paid by all passengers, regardless of when they booked or if paid in full. Certain items (i.e. T-shirts, party plans, discounts, VIP bracelets, meal plans, etc) are subject to change at our discretion, and any change will not require a refund or credit by ETI, its tour operator(s) or its agents. All reservations booked after October 31, and December 18, are subject to scheduled hotel price increases, but airline rates can fluctuate at anytime, until payment is received in our office. All tour participants traveling with ETI, understand these packages are both directed and geared toward students who are flexible with their travel plans, including dates of travel and choice of airport. The hotels & resorts listed on our website will not guarantee a king or 2 double beds to accommodate guests, regardless of room occupancy, and such lack of bedding will not require any refund or compensation by ETI.
RESERVATIONS AND PAYMENTS:
You will provide ETI with accurate and complete registration information (including but not limited to information school affiliation and student status) and advise promptly of any changes. If you do not, you will be in breach of this Agreement, allowing ETI to immediately terminate your use of the Site(s) or any products/services provided through the Site(s). In the event of such termination, you will still be liable for any payments, fees or balances due with the services requested on your account. When you register or subscribe to certain ETI services provided through the Site(s), you will receive a user name and password which we may assign or allow you to select. You may not select a user name that violates anyone's rights or one that, in sole discretion, ETI considers offensive, improper or inappropriate. If you do, ETI may modify or delete it.
Each registration is for a single user only. ETI does not permit any of the following: 1. Any other person sharing your user name and password. 2. Any part of the Site(s) being cached in proxy servers and accessed by individuals who have not registered with ETI as users of the Site(s). 3. Access through a single user name and password being made available to multiple users on Breaknow.com without express prior written consent. If ETI reasonably believes that a user name and password are being used in any of these ways, ETI reserves the right to cancel access rights immediately without notice and block access to all users from that IP address. If you believe someone has accessed the Site(s) using your user name and password without your authorization, you must call ETI customer service at 1-516-889-0101.
A non-refundable deposit of at least $175 per person is required to make your reservation, with ALL additional payments non-refundable. Payment of a deposit constitutes full acceptance and understanding of ETI's terms and conditions. Any change to your reservation once under deposit, will result in at least a $75 ETI fee per person, plus any additional costs by suppliers. Final payment is due by January 5, OR by the date listed on your invoice. Any reservations made after January 5, must be paid in full. Reservations not paid in full on time are subject to cancellation, and all cancellation penalties will apply. Late payments also risk loss of first choice of hotel/flight, as well as possible late fees starting at $50 per person.
You agree to pay or have paid all fees and charges incurred in connection with your user name and/or password for ETI Site(s) (including any applicable taxes and late fees) at the rates in effect when the charges were incurred. If you pay by credit card or other payment instrument and ETI does not obtain full payment, you agree to pay all amounts due upon our demand. You are responsible for any fees or charges incurred to access the Site(s) through an Internet access provider or other third-party service. You, and not ETI, are responsible for paying any amounts billed to your credit card by a third party, which were not authorized by you. If you provide payment for our services by a third party, and they decline to make such payment, you will still be liable for monies owed, and all legals fees we may incur from collecting such payment.
Any outstanding balance due to ETI will be collected either through the tour participant directly, or through legal services, in which the tour participant will be responsible for their balance, and all lawyer and legal fees/charges/costs resulting from such an action. Tour participant and ETI agree to resolve any dispute in a court of competent jurisdiction in Long Island-New York only.
There is a $75 ETI service fee to reinstate any reservation that has been canceled, plus any additional fees/costs from suppliers, IF space is still available. There is a $50 fee for any check returned to ETI as insufficient funds or stop payment, and a $15 fee for any credit card(s) that are declined more then TWICE in 1 day. You will also be responsible to pay ETI for any dispute charges on your credit card if you lose the dispute. You are responsible for finding your own roommates. If your roommate(s) cancels, you and your remaining roommate(s) must pay applicable occupancy changes and fees due to the cancellation(s), prior to the departure date.
All travel documents and flight information on your trip will be available to you approximately 3-7 days prior to departure, BUT will not be sent until FULL PAYMENT and a signed copy of our Terms & Conditions (available on our website) has been received in our office from all passengers in the same room or Group Reservation. Unless your trip requires actual ticket documents, YOU must print your E Tickets by accessing your account on our website. Actual travel documents mailed to you, could have an extra fee involved. ETI will not be responsible for undelivered or misdirected mail or e mail service.
If for any reason you do not receive the correct room category upon check in of your hotel, ETI will do its best to work with the hotel to correct. If that room category is unavailable or can not be confirmed, ETI will only be responsible to refund the difference in room category price as listed on ETI's website at time of booking.
PAYMENT PLAN OPTION: Those opting to sign up for our Payment Plan, will be subject to specific payment dates, which will be listed on your Invoice, and may be on separate flights from those who paid their deposit in full. A separate non-refundable payment plan fee of $100 will be applied to your account. Please keep in mind, if payment(s) is not received on time, late
fees and/or cancellation of your trip can apply, with cancellation fees in effect. We therefore highly recommend the optional Trip
Cancellation & Interruption Protection. All payments are non-refundable. For further information, or
questions with the payment plan, please contact us at 516-889-0101.
TBA PASSENGERS: Our website allows you to book a trip and hold space without specifying all passenger(s) name(s) as long as non-refundable deposit has been received on their behalf. These TBA passengers are treated as real persons and are subject to all terms and conditions stated herein. However, there is no charge to change the name from TBA to a real passenger until final payment due date. After due date, a minimum $75 name change/transfer fee will apply. Any TBA passenger not changed to a real passenger by 61 days prior to the stated departure weekend is subject to cancellation without refund.
DEPARTURE CITIES AND AIRCRAFTS:
The following are considered Co-Terminal Airports when booking... (LaGuardia/JFK/Newark), (BWI, DCA, IAD), (ORD, Midway, Rockford), (Detroit Metro, City), (Orlando,Jacksonville), (Miami, FLL), (Rochester,Syracuse,Buffalo), (Cinncinati, Dayton), which means your trip can leave/depart from any co-terminal at the option of ETI. We will do our best to get you out of the airport and times requested, but a change in your airport and/or flight choice(s) will not constitute a reason for cancellation with refund or any compensation. Certain weeks also have a peak week surcharge due to high demand and limited availability. All air transportation is used with either chartered aircrafts, (Such as Champion, TransMeridian, Allegro, Miami Air, USA3000, North American, Ryan, etc.), or regular scheduled air, (Delta, United, American, Jetblue, Southwest, etc) and we do NOT guarantee single plane or non-stop service. If you have any questions on our flights, please call us for further information.
BAGGAGE/LOST or DELAYED BAGGAGE:
Air carriers allow each tour participant to bring one (1) piece of luggage, each measuring no more than 62 inches and a maximum of 44 pounds, plus one carry on bag that can fit under the seat in front of you. For delayed baggage, air carrier liability is limited. Air carriers and ETI have no responsibility, financial or otherwise, to passengers who fail to submit a lost baggage claim form to their air carrier within 24 hours of arrival. ETI assumes no liability for lost or delayed baggage and strongly recommends the purchase of the Optional Trip Protection. ETI is not responsible for airline changes to their baggage policy, and advises tour participant to contact their airline prior to departure.
VACATION TOUR DATES AND HOTELS:
All persons traveling on a Public Charter Flight must read and acknowledge acceptance of the Tour Participant Agreement. This requirement fulfills the requirement of Section 380 of the United States' Department of Transportation Special Regulations concerning the advertisement, sale, and operation of Public Charter tours.
Chartered aircraft(s) may depart Friday, Saturday, or Sunday, and may not be the exact day listed. Charter may be a non stop or connection flights. In addition, similar hotel accommodations can be substituted on these tours and such a change(s) is not a reason for cancellation with refund or any compensation. Dates listed on advertisements are weeks of travel, and require flexibility from the participant. If participant chooses not to travel under our Spring Break Charter program, they may purchase one of our regular scheduled air packages in which their travel dates will be confirmed at time of deposit, but rates for such a package may be higher then those advertised.
The legal drinking age in Mexico and Caribbean is 18 and is rarely enforced. Florida and Texas the legal drinking age is 21, but most clubs/bars allow 18 and older. ETI does not condone the use of alcohol by those under legal drinking age and in no way condones or encourages intoxication. ETI has relationships in all destinations with subcontractors who sell optional activity packages to our travelers. Some of these packages may make available alcoholic beverages. If you choose to drink, we urge you to do so responsibly and remember that the excessive use of alcohol can result in injury, death and severely impaired judgment.
HOTEL SECURITY DAMAGE DEPOSITS:
$25-$150 per person deposit will be collected at the hotel/condo upon check in. This deposit is required by the hotel and refundable by the hotel at check out, if you do not damage your hotel room, or any of its property, less any housekeeping or bellman charges. Some hotels charge a non refundable insurance fee to cover damage. ETI is not responsible for any damages or fees charged to its tour participants, nor shall it refund any money that was not refunded to them by the hotel, due to hotel policies, theft, misplacement, etc. Hotels may charge for wifi, room safe and other items that are not included with your package price.
Flight delays are unfortunate, but they are a risk in all air travel and beyond the control and responsibility of ETI. Flight delays, missed night(s) accommodations and expenses incurred due to flight delays (including long distant phone calls), and missed connections to/from flights are beyond the control and responsibility of ETI. In addition, flight times are not guaranteed and may affect actual length of time on your vacation. Any flight information provided is considered tentative and subject to change, even after tickets have been issued. It is the sole responsibility of the tour participant to reconfirm both outbound and return flights with their airline.
Per D.O.T. regulations regarding delays of public charter flights, airlines are no longer required by law to provide compensation for delays (i.e. rooms, meals or refunds), unless the delay is more than 48 hours. We therefore highly recommend our Optional Travel Insurance which will help provide refunds to passengers who experience a delay of 12 hours or more.
Notice of cancellation must be received in writing by ETI by January 5, 2020 to receive any refund, if applicable, on all our Vacations. No verbal cancellations will be accepted. Cancel fees start at $100 per person, plus any additional imposed supplier fee(s). Cancellations received after January 5, 2020, will receive NO REFUND. If the tour participant can find a replacement, and there is still space available on the tour, a refund, less a name change fee of $100, plus any additional imposed supplier fee(s), will be given. Published airline tickets do not offer a cash refund, but rather a future credit. ETI offers Optional Travel Protection, and we highly recommend it for your vacation. Travel Protection fees are not refundable, nor are bounced check, declined credit cards, reinstatement/cancellation and reservation change fees.
Optional trip cancellation protection can be purchased through ETI, and is highly recommended. Protection may not cover you for any reason, but rather only covers you if you cancel due to unexpected, non-preexisting sickness or injury, plus protects against baggage loss, flight delays, non covid medical interruption, as well as emergency service. Please contact us for further information or view the terms and conditions on our website. Covid sickness and any related affects and expenses, are NOT covered, including but not limited, to missing flights, quarantine requirements by your destination or returning to the United States, additional costs, delays, etc.
Due to the covid virus, there are higher risks of traveling, including but not limited to: unexpected costs/fees, onsite mandatory testing at your own expense, risk of not passing the test and quaranting for a minimum of 14 days onsite at your own expense, airline change fees, unknown and constantly changing government requirements and guidelines, hospital bills, emergency vehicles, travel protection companies not including coverage with anything related to the covid virus, etc. Epicurean Tours inc will not be liable for anything related to the covid virus, and will follow hotel, airline & government agency policies and guidelines. Although we will do our best to work with you and the companies involved during your travels, Epicurean Tours is not liable for refunds, credits, bodily harm, death or any additional expenses.
If you require assistance in any way while on your tour, you must notify our on-location staff who will make every effort to accommodate you. Under no circumstances will ETI reimburse you for long distance phone calls or other out of pocket expenses. If the matter cannot be resolved on location, then please write ETI within 60 days of the completion of your tour. Failure to write ETI within this 60 day time period will release ETI from all claims and liability.
U.S. Citizens are required to carry proper documentation of their proof of Citizenship when traveling out of the U.S. Only a valid Passport will be accepted for travel outside the United States. Birth certificate with raised seal along with drivers license will no longer be accepted after this date. If you have any questions with proper I.D. please call us for more information. It is the sole responsibility of the tour participant to obtain the proper documentation for travel. There are no refunds due to improper travel documents. If you are under 18 years of age, government regulations require you travel with a notarized letter signed by both parents giving permission for you to travel outside of the United States. Without this letter, you can be denied boarding and/or access into the country of travel, and no refund or compensation provided. If you have questions on the correct travel documents needed, please call us.
Non U.S. Citizens should consult their consulate for I.D. requirements. Airlines require all passengers to provide birth date, country of citizenship, form of I.D. that will be used for travel and emergency contact information. THIS INFORMATION MUST BE PROVIDED TO ETI WITH INITIAL RESERVATION OR BY ACCESSING YOUR ACCOUNT ON OUR WEBSITE. In all cases, this information must be provided no later than 10 days prior to departure OR you are subject to cancellation without refund.
All promotional pictures sent to ETI will become the property of ETI, with all rights reserved to them by ETI. No compensation will be provided to anyone in, or involved with the photos. Simply stated, by sending us your picture(s), you are agreeing to let us use them for promotional purposes, and waive all rights to them.
MEAL/DRINK PLANS and VIP Party Passes:
ETI provides meal and drink
coupons for non all inclusive hotels, and optional VIP Party
Passes. These Meal and Drink Plans & VIP Party Passes hold no cash
value and may be subject to taxes and tip. No refunds will be made for
loss, theft and/or unused services. ETI acts as an agent for several
restaurants/bars/clubs/establishments in providing the meal and drink plans and
Party Passes and is not responsible for acts, errors, failure to honor
agreements or omissions by individual
Restaurants/bars/clubs/establishments. Meal menus, schedules and
participating restaurants/bars/clubs/establishments are subject to
change or be canceled at any time without compensation.
UNUSED TOUR SERVICES/LEAVING THE TOUR:
Tour participant(s) will receive no refund or credit for any unused accommodations, flights, or other package features if they leave the tour, regardless of reason. ETI strongly recommends the purchase of the Optional Travel Protection, which will help provide compensation for trip interruption due to medical emergencies.
ETI will not use your personal information for anything but to confirm your travel accommodations. We do not share, sell or provide any of your personal information with any other company for promotional use. You will receive a monthly News Letter via e mail on our current travel specials, in which you will have the option to remove your name from the list at any time.
I agree to all these terms and conditions and to the complete operator-participant agreement outlined herein with no exceptions. I understand that Epicurean Tours Inc d/b/a Breaknow.com does not own or operate any entity which is to, or does provide goods and/or services for the trip purchased, including, for example, air carriers, hotels, ground operators, boat or bus companies, restaurants, clubs, party bracelets, sightseeing tours, excursions, etc, and that ETI is not responsible for any negligent or willful act of failure to act of any third party. ETI has made arrangements with the hotel(s), airline(s) and other independent suppliers to provide you with the services constituting the tours, and we act solely as agents in arranging transportation and accommodations offered in connection with the tour packages. We have taken reasonable steps to ensure proper arrangements have been made. ETI, and its agents are not liable for personal or emotional injury, property damage, inconvenience or hardship arising out of any act, omission or negligence of such suppliers. Further, ETI is not responsible for any injury, damage, theft, mechanical breakdown, government action, weather, or loss due to accident, crash, irregularities, negligence or default of any company, hotel, air carrier, and/or their employees, servants or sub-contractors providing services, accommodations, or facilities in connection with the tour packages. ETI reserves the right to cancel a trip, change the itinerary or adjust rates whenever in its sole judgment conditions warrant, or if ETI deems it necessary for your comfort, convenience or safety. ETI reserves the right to correct an error in its Brochure/Flyer/Invoice/Website/Confirmation/Presentation or advertised price prior to your departure. ETI also reserves the right to cancel a trip prior to departure, and in such case(s) all payments made to date will be refunded and shall constitute full settlement. If you purchase an airline ticket separately, ETI assumes no responsibility for the separate purchase of an airline ticket, any changes and/or cancellation fees associated with the Airline. Land Changes: ETI reserves the right to substitute similar hotel accommodations and such a change is not a reason for cancellation, refund and/or compensation.
invalidity or unenforceability of any part of this Agreement, or the invalidity
of its application to a specific situation or circumstance, shall not affect
the validity of the remainder of this Agreement, or its application to other
situations or circumstances. Any
provision of this Agreement held invalid or unenforceable only in part or
degree will remain in full force and effect to the extent not held invalid or unenforceable.
Your clicking the OK button below or signature acknowledges that you have read and fully understand these terms and conditions, and that this constitutes a binding contract agreement between you and ETI.
Persons paying by Credit card need to fill out a Credit Card Authorization form, along with signature and photocopy of the front & back of your card. One Reservation form per person. If form of payment covers more than one person, please break down payment on a separate sheet of paper and mail along with this agreement.