Terms

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CULINARIA LLC
TERMS AND CONDITIONS

CULINARIA LLC is registered with the State of Florida as a Seller of Travel.
Registration No. ST36930.

Culinaria LLC (“Culinaria”) aims to provide its customers (“Participants”) with unique and unforgettable culinary vacation programs.  In so doing, Culinaria engages a variety of quality service providers in foreign countries which include hotels, tour operators, cooking instructors, guides, and translators among others.  Many of these service providers require payment in advance in order to commit their time and resources to Culinaria programs.  We make these advance payments to our service providers to secure the adequate implementation of our programs as well as to ensure their quality.  In the event of certain changes or cancellations for any reason, we must continue to honor our obligations to our service providers.  It is for this reason that all payments to Culinaria are NONREFUNDABLE.  Therefore, in order to protect themselves from any eventuality (i.e. unexpected health conditions, flight cancellations, strikes, weather anomalies, natural disasters, adverse political or economic situations, war, terrorist acts, etc.) and for their own peace of mind, participants are strongly advised to purchase travel insurance.

Initial Deposit
A non-refundable deposit of FIVE HUNDRED DOLLARS (US$500.00) per Participant is required to make a reservation for a culinary vacation program.  Reservations made less than 60 calendar days prior to the starting date of a program require payment in full at the time of booking.  All reservations are considered confirmed upon receipt of a fully completed and signed booking form as well as the applicable deposit/payment. 

Final Payment
The balance of the price of the cooking vacation program is due at Culinaria 60 calendar days prior the starting date of the program. Final payment may be made by check, bank transfer, or credit card.  Final payments made by credit card are subject to an additional 3 percent service charge. In the event that final payment is not received by Culinaria by the specified due date, reservations will be subject to cancellation and any deposits made will be forfeited in their entirety.

Late Bookings
A late fee of ONE HUNDRED AND TWENTY-FIVE DOLLARS (US$125.00) per person will be applied to reservations made less than 30 calendar days from the starting date of program.   

Travel & Emergency Health Travel Insurance
Purchase of travel insurance is highly advised and in the best interest of the Participant.  Culinaria will not compensate or assume any liability for travel delays, cancellations or other related travel expenses the Participant may incur for any reason, and will not issue refunds or reapplication toward future trips.  Again, the participant is strongly advised to purchase travel insurance.       

Emergency Health Travel Insurance is also strongly recommended.  It is important to inform Culinaria of the 24 hour Emergency telephone number supplied by the insurance provider.  Culinaria and its local representatives will make every attempt to assist in the event of an emergency but they will not be responsible or liable for any costs related to such emergency.  CANCELLATIONS DUE TO MEDICAL REASONS CAN ONLY BE COVERED BY THE PARTICIPANT’S TRAVEL INSURANCE CARRIER.  Cullinaria LLC is happy to assist with any necessary documentation to make a claim.

If a Participant does not purchase travel insurance (through Culinaria or elsewhere), indicate “NO” on the Booking Form, which will act as a signed disclaimer and waiver.

Cancellations and Changes by the Participant
Payments made to Culinaria (initial deposits, final payments, late booking fees) for purposes of making a reservation for a culinary vacation program are NONREFUNDABLE.  Therefore, no refunds will be made for cancellations or changes made by the Participant.

Cancellations and Changes by Culinaria
Culinaria reserves the right to cancel any culinary vacation program at any time and for any reason, including insufficient Participants to carry out a program.  In the event of such a cancellation, Culinaria will offer an alternative program or refund the full amount of any deposits and final payments made by Participants.  Culinaria’s liability is limited to a full refund of payments rendered.

Culinaria will strive to follow Culinaria published program schedules/itineraries.  However, circumstances may arise that will require Culinaria, at its own discretion, to make changes in program schedules and itineraries and/or in service providers, including Chef and other guides that may accompany participants on a tour.  In such cases, Culinaria will seek to minimize any changes and to substitute services and service providers for ones of equal or similar value.

Certification of Health
By making payment the Participant certifies that to the best of his/her knowledge that he/she is in sufficient good health to participate in Culinaria programs and that any special medical conditions or dietary demands that could affect his/her participation in said programs have been fully disclosed to Culinaria.  The Participant also certifies that he/she does not have any condition or disability that would create a danger or hardship for other Participants. The Participant understands that health care standards, facilities and services in foreign countries may be insufficient for treatment of their health conditions.  Culinaria makes no representations or warranties as to special accommodations or handicap accessibility on any culinary vacation program.  Culinaria reserves the right to not accept nor retain any Participant whose health or actions in the sole judgment of Culinaria may impede the operation of the culinary vacation program or the Participant’s welfare or enjoyment or fellow Participants welfare or enjoyment.

Participant Conduct
By making payment the Participant agrees to behave in such a manner that is respectful of others, including other Participants, Culinaria service providers, local representatives, and employees.  By making payment the Participant also acknowledges that he/she is a guest in a foreign country and that he/she will behave accordingly.

Alcohol may be served with meals and may be utilized in the preparation of certain dishes.  For the safety and enjoyment of all involved, Culinaria, through any of its service providers or local representatives, reserves the right to decline anyone who is inebriated from participating in cooking lessons or other program activities and may ask such person to leave the premises.  The Participant is reminded that Culinaria does not provide refunds for any segment or portion of a culinary vacation program which the Participant is not part of, especially if it is due to the Participant’s misconduct and/or inebriation.

The Participant is responsible for following program schedules/itineraries and for being on time at scheduled pick-up and drop off locations. 
 
Refunds and PROBLEM RESOLUTION
Culinaria will NOT provide refunds for any unused segment or portion of a culinary vacation program.

If a problem or conflict with one of Culinaria’s programs arises, it is the responsibility of the Participant to advise Culinaria’s local contact as soon as possible so that an attempt may be made to resolve the problem quickly and within the limits described in these terms and conditions.  If the problem is not resolved to the Participant’s satisfaction, he/she must notify Culinaria of the problem while the program is underway.  Otherwise, Culinaria may not be able to take action, should any action be deemed appropriate.  Culinaria and its local representatives will act in good faith in attempting to resolve any problem. 

Transfers
Culinaria programs may include transfers.  It is the responsibility of the Participant to be at designated group transfer points at the designated time.  If the Participant requests either early morning or late night transfers, additional fees may apply.  If the Participant is delayed for any reason, Culinaria will make every effort to make alternative transfer arrangements if so requested by the Participant.  These alternative arrangements are not included in Culinaria program prices.  Thus, payment for any alternative transfer arrangements made by Culinaria at the Participant’s request is the sole responsibility of the Participant.  Culinaria and its service providers do not assume responsibility for late arrivals resulting from any reason, including flight delays.  

Program Prices
All prices are expressed in U.S. Dollars, per Participant and based on double occupancy.  Arrangements may be possible for other than double occupancy lodging, in which case price adjustments will apply. Many factors such as pricing modifications by service providers and currency fluctuations may result in pricing changes in Culinaria programs.  Therefore, Culinaria prices are subject to change without notice.

Descriptive Statements
All descriptive statements regarding the standards as well as the quality and condition of any and all facilities, accommodations and services offered are made in good faith.  Such statements are to be considered opinions and not facts.  Culinaria is in no way liable for any difference between the opinions of the Participant and those expressed in Culinaria’s website, brochures and promotional materials.   

Travel Documents
It is the responsibility of each Participant to determine in advance and fully comply with the entry requirements of the country where the culinary vacation program will take place.  All Participants should check in advance with the nearest Embassy or Consulate of the applicable country as to passport, visa, and other documentation requirements.  Culinaria will not be responsible for a Participant’s inability to attend a program due to lack of compliance with a country’s entry requirements.

Responsibility
Culinaria does not own or operate any of the service providers or accommodations for your trip. As a result, Culinaria is not responsible for any negligent or the willful act or failure to act of any such service provider or of any third party over whom Culinaria has no control. The Participant agrees that Culinaria and its representatives shall not be liable for any injury, damage, loss, accident, delay, or irregularity, liability or expense to their person or property due to any act of default of hotel, air/land transportation carrier, restaurant supplier or other contractor rendering or providing services. Culinaria and its representatives shall not be responsible for any expense or liability resulting from labor disputes, war, acts of terrorism, government restraints, weather conditions, sickness, pilferage or any other cause beyond their control. Culinaria and its representatives reserve the right to accept or refuse any person as a Participant of any culinary vacation program or to cancel any part of a program if circumstances so demand. Culinaria and its representatives reserve the right to cancel any tour prior to departure for any reason (including, but not limited to, insufficient number of participants) or to change itineraries and/or substitute services or hotels of equal quality without prior notification, the standard of quality will be up to the sole discretion of Culinaria.

ASSIGNMENT
This Agreement shall not be assignable by Participant, in whole or in part, without the prior written consent of Culinaria.

NOTICE
Any notice to be given under this Agreement will be considered to have been properly given if it is in writing and is delivered personally to the individual party or if it is sent by registered or certified mail to each individual party at the address provided below.

CONSTRUCTION OF AGREEMENT
The captions used in this Agreement are for convenience only and shall not be construed in interpreting this Agreement. Whenever the context so requires, the masculine shall include the feminine and neutral, and the singular shall include the plural, and conversely. If any portion of this Agreement shall be held invalid or inoperative, then, so far as is reasonable and possible:

(a) The remainder of this Agreement shall be considered valid and operative, and
(b) Effect shall be given to the intent manifested by the portion held invalid or inoperative.
ENTIRE AGREEMENT
This Agreement contains the entire understanding between Culinaria and Participant with respect to its subject matter, and all prior discussions, negotiations, commitments and understandings relating thereto are hereby merged in this Agreement.

GOVERNING LAW
All matters pertaining to the validity, construction, and effect of this Agreement will be governed by the laws of the state of Florida.  The venue of any dispute between the parties to this Agreement that may arise out of this Agreement or otherwise shall be Broward County, Florida, U.S.A.

Participant Agreement Release and Acknowledgment of Risk Waiver and Release of Liability
In consideration of Culinaria providing services to enable the Participant to take part in one of its programs, the Participant agrees as follows:

The Participant fully understands and acknowledges that: (a) culinary and travel activities have inherent risks, dangers and hazards which may exist in taking part in Culinaria sponsored activities; (b) taking part in such activities may result in injury or illness; (c) these risks and dangers may inadvertently be caused by the negligence of the owners, employees, officers or agents of Culinaria, the negligence of the Participant(s), the negligence of others, accidents, breaches of contract, the forces of nature or other causes; and (d) by taking part in these activities, the Participant hereby assumes all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of owners, agents, officers, or employees of Culinaria, or by any other person.

The Participant, on behalf of him/herself, the Participant’s personal representatives and the Participant’s heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Culinaria and its agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of the Participant taking part in Culinaria activities. The Participant further agrees that they will indemnify and hold Culinaria harmless in respect of any claims arising in connection with the trip made by: a) third parties, which arise from the misconduct of other participant(s); b) the Participant's family members, dependents or heirs, and c) third parties, which the Participant, their estate, their family members, dependents or heirs have sued, if damages are recovered from such third parties, to the extent the third party obtains any indemnification from Culinaria; except where the loss, injury, death or damage is caused by the reckless or fraudulent conduct on the part of Culinaria, or their agents, officers and employees.

The Participant understands that Culinaria reserves the right to take photographic, film or video records of any of its programs, and hereby agrees that Culinaria may use any such photographic, film or video records for promotional, commercial and/or any other purposes without any compensation to the Participant. The Participant agrees to assign all right, title and interest they may have in or to any media in which their name or likeness might be used to Culinaria.

 

Dated this _____ day of                                    , 20       .

Culinaria LLC, a Florida Limited Liability Company  

By:                                                                                  
(Signature of Director for Culinaria LLC)

                                                       
Printed Name of Individual Participant                  

Address:
_______________________________  
_______________________________      

 

By:                                                  
(Signature of Individual Participant)   

                                                       
Printed Name & Title of Representative

Address:
_______________________________  
_______________________________

 

By:                                                  
(Signature of Individual Participant)   

                                                       
Printed Name & Title of Representative

Address:
_______________________________  
_______________________________

 

By:                                                  
(Signature of Individual Participant)   

                                                       
Printed Name & Title of Representative

Address:
_______________________________  
_______________________________

 

By:                                                  
(Signature of Individual Participant)   

                                                       
Printed Name & Title of Representative

Address:
_______________________________  
_______________________________