WIND & WINE CROATIA

RELEASE
True North Wine Destinations, LLC., dba Wind & Wine Croatia, its employees, shareholders, officers, directors and affiliates (collectively, “WWC”), except for certain land-based guide functions, does not own or operate any entity which is to or does provide goods or services for your trip, including, for example, lodging facilities, yachts, transportation companies, certain guides or trip leaders, food service providers, equipment suppliers, ground operators, etc., including, without limitation, various entities which may utilize the WWC name. WWC is not responsible for any negligent or willful act or failure to act of any such person or entity, nor for any act or inaction of any other third party not under its control.

Without limitation WWC is not liable for any direct, indirect, consequential, or incidental damage, injury, death, loss, accident, delay, inconvenience, or irregularity of any kind which may be occasioned by reason of any act or omission beyond its control, including, without limitation, any willful or negligent act, failure to act, or breach of contract of any third party, such as an airline, train, yacht, vessel, hotel, restaurant or food supplier, bus, taxi, van, local outfitter or guide, whether or not it uses the WWC name, which is to, or does supply any goods or services for this trip. WWC is not responsible for any loss, injury, death, or inconvenience due to delay or changes in schedule; overbooking or downgrading of accommodations, insolvency, default of any third party, acts of government, bites or attacks by animals, insects or pests, sickness, the lack of appropriate medical care, evacuation to same, if necessary or meaningful delays in obtaining any medical assistance. In addition, medical assistance when rendered may not be comparable with that obtainable in the USA.  I assume all such risks as well as those from weather; strikes; acts of God; conditions on and perils of the seas such as storms or currents, availability of the yacht to arrive or depart timely or safely; excess consumption of alcohol or food, acts of terrorism or the threat thereof; force majeure; war; quarantine; epidemics or the threat thereof; criminal activity; or any other cause beyond WWC’s control. In addition, I agree to hold WWC harmless from its own negligence.

WWC reserves the right to change or reprice any tour, trip, or expedition due to acts of insurrection, strikes, acts of God, or any other cause beyond its control. WWC may, as it deems advisable, among other things, alter or omit any part of the itinerary; substitute hotels, leaders or trip features; or change any means of conveyance without notice and without refund, with the liability for increased costs, if any, to be borne by trip members. WWC reserves the right to pass on fuel surcharges or other cost increases beyond its control as allowed by law. If WWC cancels any tours, or expeditions, or portions thereof, due to acts of insurrection, strikes, acts of God, or any other cause beyond its control, refunds will be based upon the difference between the original trip price and the cost of services already provided. There are no refunds for unused goods or services.

Trip members grant WWC express permission to take photographic records of its participants and of trips for promotional and commercial use without compensation to trip members. WWC reserves the right to accept or reject any person as a trip member at any time. All trip applications are subject to acceptance by WWC in Yountville, California.
I accept that while traveling to WWC destinations, disruptions and situations may occur, including, but not limited to, delay, partial or complete changes in timing or routing of itinerary, changes in announced trip leaders, changes in grades of or location of lodging or yacht accommodations, and modes or quality of air, land, and/or sea transport. I agree that WWC may make last-minute decisions to address changed circumstances. WWC does not guarantee conformity with the itinerary or itineraries that have been furnished to me.

PARTICIPANT RESPONSIBILITY
I am responsible for being in sufficiently good health to undertake my trip and for consulting with my personal physician for medical advice. I am responsible for reading all pre-departure information, including all health-related information; for bringing all equipment and clothing noted on the trip packing list and for acting in a manner considerate of fellow group members and the countries visited. Smoking is not permitted in buses or cars, in many hotels, below decks on boats, or in other designated non-smoking areas.

I understand that important country specific information for my trip which WWC strongly urges participants to review, is prepared by the State Department and the Centers for Disease Control and Prevention and can be found at https://travel.state.gov/content/ passports/en/country.html and at www.cdc.gov/travel.

MEDICAL AND HEALTH ISSUES
I take full responsibility for my medical, psychological, and physical condition for the duration of my travels with WWC. I am unaware of any medical, psychological, or physical problems that would, in any way, impair my ability to complete the trip safely, nor am I aware of any health-related condition or limitation that might impact the safety, security, or comfort of my traveling companions. Should I receive any new information regarding my health before my trip departs, I will notify WWC. Should any health-related problems arise during my travels with WWC, I will immediately notify the trip leader and take full responsibility for promptly accessing necessary and appropriate medical care. I take full responsibility for possessing adequate medical health insurance coverage to pay for medical care I may require during my travels with WWC.  I understand that the normal level of medical treatment and services, including the presence of a physician or any other trained medical professional and/or the availability of prescription-type and/or over the counter-type drugs, may not be possible.

***

I confirm that I have read, fully understand, and agree to all of the terms and conditions contained in WWC materials, including, but not limited to, the policies on cancellations, refunds, limitation of liability, and participant responsibility. I also confirm that I will read the pre-departure information given to me by WWC, including all the health-related materials.
Changes in this document can be made only in writing signed by an officer of WWC.

In the event any part of this Terms & Conditions & Compulsory Arbitration Agreement is found to be void or unenforceable, then such part will be stricken, but the rest of this document will be given full force and effect.

This Terms & Conditions & Compulsory Arbitration Agreement shall be legally binding upon myself, all minors under the age of 18 traveling with me, and their and my heirs, successors, assigns, and legal representatives. It is my intention fully to assume all of the risk of travel and to release WWC from any and all liabilities to the maximum extent permitted by law. This Terms & Conditions & Compulsory Arbitration Agreement is applicable to any trip to which I may transfer.

I acknowledge that by participating in a WWC trip, I am doing so willingly and of my own volition.

COMPULSORY ARBITRATION
I agree that any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) California law without consideration of the California Arbitration Act and will take place in Yountville, CA. 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.
By agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury.


Signature Required    Date
Parent or guardian must sign if traveler is under 18 years of age
Print Name
Print Trip Name/Destination & Date
Signature Required    Date
Parent or guardian must sign if traveler is under 18 years of age
Print Name
Print Trip Name/Destination & Date