Terms and Conditions | The Heart Of Culture

TERMS AND CONDITIONS FOR THE HEART OF CULTURE LLC

1. Services. Client desires to engage with Heart of Culture to participate in a group tour/trip/trip organized by Heart of Culture, and Heart of Culture accepts Client’s engagement in accordance with the terms and conditions provided herein. The scope of services to be provided by Heart of Culture is set forth in Exhibit A attached hereto.
2. Payment. Heart of Culture’s fees and expenses to be paid by Client are set forth in Exhibit B attached hereto.
a. Client shall pay the initial non-refundable deposit upon execution of this Agreement. Client’s reservation will not be confirmed until the initial deposit is received by the Heart of Culture. This initial deposit is not refundable under any circumstances whatsoever.
b. Full payment for all fees and expenses must be paid no later than forty-five (45) days prior to the departure date, as detailed in Exhibit A. Client’s reservation is subject to cancellation for failure to meet this payment deadline.
c. Client may pay via Heart of Culture’s website, credit card, debit card, Zelle, or check. All credit card and Zelle transactions shall be subject to the applicable merchant processing fees which Client will be advised of prior. All checks must be cleared at least seven (7) calendar days prior to when the payment is due. Failure to clear a check within this time period may subject the Client's reservation to cancellation for late payment. If Client’s check is returned for insufficient funds, Client shall be responsible for a $50.00 NSF fee. Additionally, in the event Client’s check does not clear, an additional check will not be subsequently accepted. Only bank cashier check, money order, or credit card payment will be accepted to replace payment for a bounced check. All checks should be made out to The Heart of Culture LLC.
d. Revised payment plans are available upon request. Any revised payment plans must be approved by both parties and confirmed by The Heart of Culture, LLC. in writing.
e. As The Heart of Culture, LLC. is working with third-party vendors to organize and arrange accommodations, excursions, dining, and other a activities or necessities, all fees and expenses listed in Exhibit B are subject to change at any time without notice or explanation from The Heart of Culture LLC. By signing this Agreement, Client agrees to accept any changes in pricing.
3. Relationship of the Parties. Nothing in this Agreement shall be construed or deemed to establish a joint venture, partnership, or employer-employee relationship between the Parties. The relationship between the Parties established by this Agreement shall be solely that of independent contractors and all rights and powers not expressly granted to either Party herein shall be expressly reserved to the other. However, Client acknowledges and understands that Heart of Culture will be making reservations, bookings, and other arrangements with third- parties on behalf of Client, thus Heart of Culture shall have the authority to contract on behalf of Client. To that extent, Heart of Culture shall have the authority to act or represent to be acting, directly or by implication, as an agent or other representative of the Client.
4. Client Obligations.
a. Client shall be solely responsible for all travel documents necessary to participate in the group tour/trip, including, but not limited to, valid passport (valid under the destination’s requirements) or other identification, visas, vaccination documentation, and any other documentation. Heart of Culture shall not be responsible whatsoever for obtaining any travel visas. Heart of Culture shall not be liable if any travel documentation, including, but not limited to, visas or identification, is not deemed acceptable or approved by any government or other entity. Passports shall be deemed “valid” based on the destination’s requirements. Furthermore, U.S. passports shall not expire within six (6) months of the trip’s departure date. Failure to timely renew a U.S. passport so that it does not expire within six (6) months of the trip’s departure shall bear full liability and responsibility for any damage or loss caused by Client’s failure.
i. Client acknowledges and understands that an airline, other common carrier, third-party vendor, or government entity may not accept identification in which the Client’s name does not match a reservation or visa. Client shall be solely responsible for any fees incurred by Heart of Culture in correcting such information with a third-party vendor.
b. Client shall obtain travel insurance that includes trip cancellation and hospitalization coverage at least two (2) months prior to the departure date. Client will not be allowed to participate in the included group tour/trip without this insurance. If client decides on their free time during the trip to participate in tours, events, or activity organized, and not organized by The Heart of Culture, LLC. including but not limited to, hot air balloon, zip lining, skydiving, bridge jumping, or any activity with higher risk, Client’s insurance policy must have coverage for participation in such tour. A copy of insurance certificate must be received by The Heart of Culture, LLC. Failure to obtain and provide a copy of the insurance certificate may result in cancellation.
c. Client is solely responsible for obtaining the proper immunization or vaccination documentation relating to COVID-19 required by destinations, whether it be a vaccination card or proof of a negative COVID-19 test. If the destination requires other immunizations, Client is responsible for receiving those immunizations and carrying proper documentation of the same. By signing this Agreement, Client acknowledges and agrees that there may be risks of contracting bacterial and viral diseases, including COVID-19, when traveling. Client understands and appreciates those risks and acknowledges that Client is voluntarily participating in the group trip/tour with the knowledge of the danger involved and accepts and assumes all risk of illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and or financial loss related to COVID-19, arising therefrom, whether caused by the ordinary negligence of The Heart of Culture, LLC or otherwise. Client further agrees to abide by any quarantining restrictions imposed by the destination’s government as may be necessary at Client's expense.
d. If traveling with a minor, Client is solely responsible for having any necessary parental consents.
5. Modifications to Itinerary.
a. The Heart of Culture LLC. reserves the right to make any modifications to the itinerary without prior notice to or approval from Client.
b. If Client chooses not to participate or is unable to participate in any activity planned aspart of the group tour/trip, Client shall not be entitled to a prorated refund or discount for that activity.
6. Cancellations. By signing this Agreement, Client understands that cancellations are subject to the individual cancellation and refund policies of each third-party vendors, which may require non-refundable deposits and rates. In the event that Client needs to cancel a group tour/trip reservation, The Heart of Culture, LLC. will use all reasonable efforts to work with third-party vendors to receive any refunds or credits Client may be entitled to. Client must provide written notice to Heart of Culture of his/her intent to cancel his/her reservation as soon as possible to info@theheartofculture.com. For purposes of clarity, Client’s initial deposit to The Heart of Culture, LLC. is non-refundable, non-transferable, and not subject to this Section 6.

Changes to Reservations: All changes requested by client will have a fee of $50.00 fee per traveler plus any fees imposed by third parties such as airlines, accommodations, or tour operators.
7. Photography and Videography Use. Throughout the trip, Heart of Culture, or Heart of Culture’s representative, may take photographs and videos for marketing purposes. Client hereby agrees to allow The Heart of Culture, LLC. to use any such photographs or videos for marketing purposes without additional consent from Client. Client releases and discharges Heart of Culture, LLC. from any and all claims arising out of or in connection with Heart of Culture’s use of any photos or videos of Client.
8. Limitation of Liability. By signing this Agreement, Client acknowledges and understands any and all risks associated with national and international travel. The Heart of Culture, LLC. shall not be liable for any lost or stolen items, damages, injuries, illnesses, or any other losses suffered by Client during the group tour/trip, whether or not Client was advised of the possibility of such losses. Client further acknowledges and understands that by virtue of The Heart of Culture, LLC. offering such services for organizing a group tour/trip to a certain destination shall not be construed as advice or as a warranty regarding whether it is advisable to travel to that destination. Client shall have the sole responsibility of determining whether a destination is suitable for tourism and travel by consulting independent, legitimate resources, such as the U.S. State Department travel advisories, available online at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/ and other official government websites of the destination country. The Heart of Culture, LLC. shall not be liable for damages caused by any third-party contractor or vendor, whether or not The Heart of Culture, LLC. recommended the third-party or hired the third-party in the course of performance of its obligations under this Agreement. Safety is the priority of The Heart of Culture, LLC. Client is also advised to register with U.S. Department of State at https://step.state.gov/step/ for the U.S. Embassy contact you in an emergency, whether natural disaster, civil unrest, or family emergency.
It is imperative while traveling abroad to be respectful of the country's culture and laws, which may be different than those accustomed to in your country of origin. Some countries have strict laws regarding but not limited to alcohol, drugs (including prescription), promiscuity, public behavior, and attire. TheHeart of Culture LLC. is not responsible for any legal consequences abroad or within the United States affecting the Client arising from such behavior. Travelers are advised to familiarize themselves with other country societal and country norms.
9. Force Majeure. Neither Party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement, if such delay or failure arises by any reasons beyond that Party’s reasonable control, including any act of God, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, pandemics, government shutdowns, riots, failures or delay in transportation or communications or utilities, or any act of failure to act by the other party or such other Party’s offers, employees, agents or contractors; provided however, that lack of funds shall not be deemed to be a reason beyond a Party’s reasonable control.
10. Indemnification. Client shall indemnify and hold The Heart of Culture LLC. harmless, as well as The Heart of Culture LLC. officers, directors, employees, agents, successors, subcontractors, suppliers, and assigns (collectively the “Indemnified Heart of Culture Parties”) against any and all claims, losses, damages, or expenses of whatever form or nature, including attorney’s fees and other costs of legal defense, whether direct or indirect, that any of the Indemnified The Heart of Culture, LLC Parties may sustain or incur as a result of any wrongful acts or omissions by Client, including without limitation Client’s: (i) breach of any of the provisions of this Agreement; (ii) negligence or other tortious conduct; (iii) representations or statements about Heart of Culture and/or any of its products or services not specifically authorized herein or otherwise in writing (however, including the Services); and/or (iv) violation of any applicable law.

11. Miscellaneous.
a. Notice. All notices required or permitted under this Agreement shall be in writing and delivered to the Parties at their respective addresses or via electronic mail as and agreement requiring signature.
b. Entire Agreement. This Agreement (including all Exhibits, if any) contains the entire understanding and agreement of the Parties hereto and supersedes all contemporaneous and prior representations, understandings, and agreements of the Parties, whether written or oral, relating to the subject matter hereof. The Recitals set forth at the beginning of this Agreement are incorporated herein by this reference.
c. Amendment and Waiver. This Agreement may not be changed, modified, amended, extended, terminated, waived, or discharged, except by an instrument in writing signed by both Parties. No failure to enforce the terms of this Agreement shall constitute a continuing waiver of that provision or a waiver of any other provision.
d. Interpretation. The Parties each acknowledge that this Agreement was fully negotiated between them and, therefore, no provision hereof shall be interpreted against a party because the Party or its legal representative drafted such provision.
e. Severability. The unenforceability or invalidity of any provision of this Agreement shall not affect the enforceability and validity of the remainder of this Agreement, which shall continue in full force and effect.
f. Governing Law; Jurisdiction; Prevailing Party. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, USA, applicable to agreements made and to be performed wholly therein and without giving effect to the conflict of law rules thereof. The jurisdiction for any legal action with respect to this Agreement shall be exclusively vested in, and the Parties hereby submit to the jurisdiction of, the state and federal courts located in Broward County, Florida. The Parties hereby waive any claims or defense that said courts constitute an inconvenient forum. If either Party should bring legal action against the other under this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party all of the prevailing Party’s reasonably incurred costs and expenses relating to the action (including, without limitation, reasonable attorney’s fees, court costs, and enforcement of judgment costs), from the inception of claim through and including all trial and appellate levels and collection of judgment proceedings. The Court shall determine who the prevailing Party is for purposes of this Section. The Parties expressly waive any requirement of notice, demand, or bond in connection with any injunctive relief sought.
g. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument, that shall be sufficiently evidenced by one such counterpart, and only one set of rights and obligations shall be created by such counterparts. Facsimile and electronic counterparts shall be deemed original counterparts for all purposes hereunder and digital or scanned signatures thereof shall be deemed originals for all purposes.
h. No Assignment. No Party shall sell, assign, transfer, or otherwise convey any of its rights or delegate any of its duties under this Agreement without the prior written consent of the other Party. Any attempted assignment, transfer, conveyance or delegation in violation of this Section shall: (i) be a breach or default hereunder; (ii) be void; and (iii) relieve the Party not making such attempt of any further liability hereunder. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns.
Additional

Pricing - Our trips are priced with one, some, or all the following: Accommodations, airfare, transfers, meals, and tours. These prices are per person based on double occupancy (two people per room) on 2 twin, double, or if requested a king size bed, according to availability of hotel. Single occupancy (one person in room) may also be requested at a full room rate which will be an additional cost added to the total trip price. Some accommodations may offer triple occupancy. In this case, your package will be priced accordingly. Prices of any occupancy do not include meals unless specified in your “included” part of your booking. Cruise booking accommodations are different and may have more people in the room or a larger room may be booked depending on category and usually include some meals other than specialty restaurants. Last minute reservations for group tours up to sixty (60) calendar days prior to trip date must be paid in full upon accepting the terms and conditions. Last minute reservations permitting there is space in our groups, may have a price increase due to third party pricing as the trip date is closer. The Heart of culture, LLC is not liable for clients that are “no shows” (not present for the trip). Vendors have been paid and will not issue refunds for unused services / trips / or any part of a trip not used.
Accommodations - When accommodations are included as part of a package, The Heart of Culture LLC reserves the right to change the accommodation venue due to unanticipated situations such as hotel overbooking, etc. Your accommodations will be replaced with one of the same or better categories as the originally booked. The Heart of Culture, LLC is not Liable for client expense of selecting an upgrade at time of check in, nor for any changes such as changing from a double occupancy rate to a single occupancy rate after the terms and conditions are signed and deposit is received. These charges may include a new booking for a single room at the hotel’s full current rate, plus a fee for canceling the originally booked double occupancy to cover the default in the original room. Vendor prices may go up and The Heart of Culture reserves the right to raise prices accordingly for new travel packages quoted after the deposit deadline. Clients will be required at time of check in to accommodation provide a credit card on file for incidentals. All additional fees acquired during the clients stay at the accommodation are usually billed by accommodation venues to credit card on file. Some international countries require a VAT tax payment which is a small percent added per room per night. VAT tax is payable by the client upon check in or check out according to Hotel policy.
Airfare
Group airline tickets for our trips when included are pre-negotiated rates with certain restrictions. The client understands that negotiated rates for groups have certain limitations and or stipulations such as not being able to choose your seat until the day of departure. Airline also reserves the right to choose the seats and sit the group together in a designated area without modifications. The Heart of Culture, LLC. is not responsible for any penalties incurred with any flight schedule changes and flight schedules are subject to change without notice. When an airline is included as a group rate, it is non-refundable by The Heart of Culture, LLC. It is at the airline’s discretion if it will, for a fee, give credit for another date or if they will provide a refund, or partial refund. The Heart of Culture LLC, is not liable for personal additional charges such as but not limited to WIFI, phone calls, alcohol, snacks, and or any additional airline items. As airline and accommodation prices fluctuate, we can only guarantee the pricing through the specified date advertised. Vendor prices may go up and The Heart of Culture reserves the right to raise prices accordingly for new travel packages quoted after the deposit deadline.

Transfers to and from accommodations Transfers to accommodations may also be part of your priced package. These are usually included in our group air travel rates. Transfers may also be included or added for a fee even when client books their own flight. In this case, the client is responsible for notifying The Heart of Culture, LLC in a timely manner for purposes of planning transfers. Transfers may not be included or may be at an additional charge if the flight is over 1.5 hours before or after recommended arrival time. Client has the option of organizing their own transfers at their own cost. The Heart of Culture, LLC may assist in obtaining transfers at an additional cost.
Tours Although most of our tours are suitable for all, the client understands that some of the included tours may be rigorous or require climbing of stairs, terrain, hiking, long periods of walking leisurely and or briskly, or standing for long periods of time. It is advisable to check with The Heart of Culture, LLC for the specifics of the tour to make certain it is a good fit for the client. All trips including any motor vehicle, transportation (bus, plane, train, water vehicle, horseback riding, camels, elephant, or any other not mentioned and or activity have an inherent risk. Tours are subject to change due to unforeseen circumstances such as but not limited to weather.
Medical By signing this agreement, the client acknowledges that to their knowledge their health does not impede them from participating in any trips or tours organized by The Heart of Culture, LLC. The client also acknowledges that they will obtain a travel insurance policy that includes but not limited to medical coverage with hospitalization.
Personal Items - Personal items and / or services such as, but not limited to laundry service, room service, meals or snacks not included in package, beverages not included in packages including alcoholic beverages, personal care items, etc. will be paid by the client.
Meals - included meals will be specified on the itinerary. All other meals, snacks, beverages, consumed by the client will be at the client’s expense.

Supervision of Travelers : All minors under the age of 18 must be accompanied by an adult and supervised accordingly and must be supervised by the accompanying adult AT ALL TIMES.