INSTRUCTIONS: PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. THE RESPONSIBILITY STATEMENT AND OPERATOR PARTICIPANT CONTRACT AND TERMS AND CONDITIONS BELOW (THE “AGREEMENT”) INCLUDES A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION. By registering for an “Adventure” (as defined herein), the participant (“Participant”) agrees to the Agreement. In order to secure a reservation on the Adventure, the Participant must indicate his/her acceptance of the terms of the Agreement by signing the Knowing an Voluntary Execution of Responsibility Statement and Operator Participant Contract and terms and conditions, and pay a deposit.

RESPONSIBILITY STATEMENT: K&L Wine Merchants, Inc (located at 3005 El Camino Real, Redwood City, CA 94061) is the principal and responsible for providing the Wine Adventure (“Wine Adventure”) (each designated by a specific geographic locale). All transportation carriers, hotels, ground operations, medical providers, caterers, restaurants, wineries, and other suppliers of services connected with specific Adventures (“Other Providers”) are not agents or employees of K&L Wine Merchants but are independent contractors over whom K&L Wine Merchants has no control. The Other Providers are solely responsible and liable for providing their respective services. Any and all passenger tickets in use by the carriers will constitute the sole contract between the carriers and the Participant; the carriers are not responsible for any act, omission, or event during the time the Participant is not aboard their conveyances.

K&L Wine Merchants, affiliates, and each of their respective employees, officers, directors, successors, representatives, and assigns (collectively, the “Released Parties”) will not be held liable for: (A) unless negligent, any damage to, or loss of, property, or injury to, or death of, persons occasioned directly or indirectly by an act of omission of any Other Provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such Other Provider; (B) any loss or damage due to delay, cancellation, or disruption in any manner caused the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision o agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemic, theft, or any other cause(s) beyond their control; and (C) any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect of punitive damages, or otherwise which may arise out of or occur during the Participant’s travel in connection with the Adventure or Participant’s travel to/from the Adventure. The Participant waives any claim against the Released Parties for any such loss, damage, injury, or death, including any right to seek consequential, punitive, or exemplary damages against the Released Parties for any reason whatsoever, except as expressly provided for herein.

K&L Wine Merchants reserves the right in its sole discretion to accept, decline to accept, or remove the Participant on or from an Adventure if we judge the Participant to be incapable of meeting the rigors and requirements of participating the Adventure (except as applicable to air transportation as provided by Part 382 of the U.S. Department of Transportation rules), or judges the Participant’s actions to be unsuitable for group travel. In recognition of the inherent risk of the travels and related activities in which the Participant is intending to engage, the Participant willingly and voluntarily assumes full responsibility for any injury, loss, or damage suffered by or caused by the Participant. K&L reserves the right, without penalty, to make changes in the published Adventure itinerary whenever, in its judgment, conditions warrant or if it deems it necessary for comfort, convenience, or safety of the Participants.

The Released Parties will not be liable for any air carrier’s cancellation or change penalty incurred by the purchase of a nonrefundable ticket to or from the Participant’s Adventure departure city. Baggage and personal effects are at all times the sole responsibility of the Participant.

OPERATOR-PARTICIPANT CONTRACT AND TERMS AND CONDITIONS: PLEASE NOTE THAT THE PARTICIPANT AND THE RELEASED PARTIES WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH ANY DISPUTE.

BASIS OF RATES: All prices are based on two persons sharing a room, unless otherwise noted. All prices and fares are quoted in U.S. dollars. The rates are based on tariffs, currency values, airfares, and third-party charges as of this offering publication date and are subject to change due to unforeseen circumstances. While K&L will do everything possible to maintain the listed prices, if it is necessary to levy a surcharge, K&L reserves the right to do so and will notify the Participant at the time of final invoicing.

RESERVATIONS AND PAYMENTS: To reserve a place on an Adventure, a non-refundable deposit of $750 per person and a signed acknowledgement of this Responsibility Statement and Operator Participant Contract and Terms and Conditions is required. Payment instructions will be shared with the Participant by K&L upon initial contact.

The second payment of $4,000 per person is due 3 months prior to the trip. Final payment is due two months prior to the trip. Payment instructions for the second and final payments will be included with each invoice.

WHAT IS INCLUDED IN THE PRICE: Deluxe or best available accommodations and all applicable taxes in the destinations and options as indicated in the offer or on the website, from arrival at the first hotel through departure from the last hotel. All meals beginning with dinner on the first night of the Adventure and ending with breakfast on the last morning of the Adventure. All taxes, airport transfers, group ground transportation, excursions, special events, winery visits & tastings fees and tickets; bottled/potable water throughout the Adventure, all beverages except hard liquor; tips & gratuities to Adventure staff, local guides, waitstaff, porters, drivers. No refund will be made for any accommodations or services included in the total Adventure price that the Participant voluntarily does not use. The exact Adventure itinerary, name and location of hotels, length of stay at each hotel, and other ground accommodations and services are set forth in the Adventure itinerary.

WHAT IS NOT INCLUDED IN THE PRICE: Commercial airfare from the Participant’s home city to Adventure’s Gateway City, and from this Gateway City back to Participant’s home city; accident/baggage/cancellation insurance; passport and visa fees; personal expenses such as room service, laundry, telephone and fax fees; all beverages not mentioned above as included: hotel minibar charges, meals not scheduled by K&L; cost of pre-trip inoculations; personal medications and any medical expenses whatsoever including medical evacuation, hospitalization, or any other emergency health requirements.

SINGLE/SHARED ACCOMMODATIONS AND SUITE UPGRADES: A limited number of single rooms may be available at an extra cost on a first-come, first-served basis. K&L will make reasonable efforts to assist persons requesting a roommate. Participants will be notified if a suitable roommate is found. If a roommate is not confirmed, the single rate will be charged. Suite rooms may be available. More information about them, including their extra costs, will be sent to the Participant in the weeks and months before departure.

ELIGIBILITY: Participants must be 21 years old. All Participants are expected to be comfortable traveling as part of a group and ready to experience cultural differences with grace.

CANCELLATION AND REFUNDS: If the Participant cancels his/her reservation or changes his/her plans, the Participant’s right to receive a refund is limited, as described herein. All requests for refunds must be sent to K&L in writing via mail or email. All cancellations will become effective as of the date of the postmark or email receipt.

Refunds will be processed within 14 days of receipt of the Participant’s notice of cancellation. Leaving an Adventure in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portion of an Adventure. If the Participant cancels and provides a substitute participant for the Adventure, the Participant will receive from K&L a full refund of money paid toward the price once the substitute participant has paid in full. A Participant who paid the deposit by credit card shall have a right to a full refund until this Agreement is signed. Please note that costs for visas, commercial air tickets, insurance, suite upgrades, and pre- or post-Adventure independent arrangements are not refundable by K&L.

ITINERARY CHANGES: The Adventure itinerary and staff presented in the offer, on the website, or in this Agreement are subject to modification and change by K&L. Every reasonable effort will be made to operate the Adventure as planned but alterations may still occur after the final itineraries are sent. In addition, should unforeseen world events or conditions require the Adventure itinerary to be altered, K&L reserves the right to do so for the safety and best interest of the group. K&L reserves the right to cancel any Adventure in the event inadequate enrollment makes the Adventure economically infeasible to operate. In such a case, K&L will provide the Participant with a full refund of the monies paid to K&L for the Adventure.

NECESSARY DOCUMENTATION: Participants are responsible for obtaining any documents required for their participation in the Adventure prior to the trip, such as a valid passport, all visas and entry documents, vaccination certificates, completed Personal Physician Approval for Travel form (blank form as provided by K&L), and any other documents. Failure to obtain necessary documents does not negate the Terms and Conditions, and any extra costs incurred for rerouting a Participant due to travel without necessary documents will be the Participant’s responsibility. K&L is not liable for any damages resulting from the Participant’s reliance on advice provided by K&L regarding travel document requirements.

BAGGAGE: Baggage, when not handled by K&L, and personal effects are at all times the responsibility of the Participant.

INSURANCE: The Participant certifies that either: (i) the Participant has health insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs, and all other expenses which might arise as a result of loss, damage, injury, infection, delay or inconvenience occurring to the Participant; or (ii) the Participant agrees to pay all costs of rescue and/or medical services that may be incurred on the Participant’s behalf.

HEALTH ACCOMMODATIONS: K&L welcomes travelers with disabilities on all of its trips. However, most trips may not be suitable for all travelers, and certain activities may present challenges for Participants with limited mobility, stamina or endurance concerns, or other types of disabilities or special needs. For all Adventures, any physical condition, diet, or treatment requiring special attention must be reported in writing when the reservation is made so that K&L can determine whether or not reasonable accommodations and itineraries are available. Walking and climbing/descending stairs are required on all trips. If the Participant cannot participate in the Adventure at a reasonable pace, or requires extra assistance, arrangements may be made for private touring at many but not all destinations, if necessary, at the discretion of the staff of K&L. Depending upon the nature of the arrangements, extra costs for such arrangements will be the responsibility of the Participant.

PHYSICIAN APPROVAL FOR TRAVEL: As a condition of participation in the Adventure (except as applicable to air transportation as provided by Part 382 of the U.S. Department of Transportation’s rules), the Participant must obtain his/her personal physician’s approval to join the Adventure. K&L will send the Participant a Physician Approval for Travel form for his/her personal physician to complete. The completed form should be submitted directly to K&L’s medical advisor at the address provided on the form. The Participant understands and agrees that the medical advisor may share information from the completed form with K&L.

MEDICAL EMERGENCIES: The Participant agrees that, should the Participant (i) – experience any injury or illness while participating in the Adventure and (ii) become incapacitated such that he/she is unable to direct his/her own care, K&L may, in its discretion, rely on the direction of Participant’s traveling companion, if any; Participant’s emergency contact; an Adventure medical advisor; or other Adventure staff to authorize any necessary medical treatment including, but not limited to: X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care. Such treatment is to be rendered by a duly licensed physician in the country of occurrence or treatment.

In the event of any emergency, medical or otherwise, the Participant authorizes K&L and the Adventure’s medical advisor to release any information necessary to obtain medical or other emergency services to any person providing such services. The information that may be released includes, without limitation, the information set forth on the Physician Approval for Travel form submitted by the Participant.

PHOTOGRAPHY: K&L reserves the right to take photographs and videos during the operation of any Adventure or part thereof and to use the resulting photography, videos, recordings, and digital images for promotional or commercial use. By making a reservation on the Adventure, the Participant agrees to allow his/her likeness to be used by the Released Parties and the Release Parties authorized third parties without compensation to the Participant. If the Participant prefers that his/her likeness not be used, he/she must notify K&L in writing prior to the published start date of the Adventure.

Copyright of all photographs, video, digital images, audio recordings, and related materials created by the Participant (“Adventure Materials”) will belong to the Participant upon creation. The Participant grants to the Released Parties a nonexclusive worldwide, irrevocable license to use any Adventure Materials provided to the Released Parties in any media for the following limited purposes: editorial use, promotion of this editorial use, promotion of the Released Parties’ travel programs, or the mission of the Released Parties.

ASSUMPTION OF RISK: By registering for an Adventure, the Participant acknowledges that he/she is aware that travel such as the Adventure he/she is undertaking involves potentially dangerous activities, some in remote areas of the world, with a risk of illness, injury, or death which may be caused by forces of nature, illness, or by willful or criminal conduct of third parties or by terrorism. The Participant further acknowledges that weather conditions may be severe, adverse, and/or unpleasant and that medical services or facilities may not be readily available or accessible or consistent with standards in the United States during some or all of the time during which he/she is participating on the Adventure, and that when available may not be of the quality which exists in the United States.

VENUE AND WAIVER OF CLASS ACTION: Any legal action relating to or arising out of the Agreement or any claims shall be commenced exclusively in the courts of California. THE PARTICIPANT AND RELEASED PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THE PARTICIPANT’S OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, OR OTHER COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL). EACH PARTY SPECIFICALLY WAIVES THE RIGHT TO TRIAL BY JURY.

GOVERNING LAW: This Agreement shall be governed by the laws of the State of California. Any legal action relating to or arising out of this Agreement against or with respect to any of you shall be commenced exclusively in the Superior Court in and for San Mateo County, California (or if the Superior Court does not have jurisdiction, then before the United States District Court for the Northern District of California); or if neither of such courts shall have jurisdiction, then before any other court sitting in San Mateo County, California having subject matter jurisdiction.

OTHER: The applicable Terms and Conditions may vary from those listed above based upon the specific Adventure selected by the Participant. A copy of the final Terms and Conditions applicable to each Adventure will be provided at the time of booking. If a court of competent jurisdiction holds that any provision is invalid or unenforceable, such invalidity will not affect the validity or operation of any other provision and such invalid provision will be deemed to be severed from this Agreement.

© K&L Wine Merchants