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Terms and conditions

JMV EPICUREAN JOURNEYS, LLC TERMS & CONDITIONS

JMV Epicurean Journeys, LLC specializes in arranging travel tours for consumers.  The terms “we”, “us” and “our”, and “JMV Epicurean Journeys” refer to JMV Epicurean Journeys, LLC d/b/a “Epicurean Journeys with Jill”, a South Carolina limited liability company.  The term “you” “traveler” and “consumer” refers to the Consumer (and any companion accompanying them) booking a tour with us.

 

The following terms and conditions are applicable to bookings for Consumer tours. Any Consumer who books a tour with JMV Epicurean Journeys will be subject to the following terms and conditions, together with any additional documentation we give you, and any additional terms and conditions of any Supplier that are applicable to your travel arrangement (“The Agreement”). and a payment (when processed) for any travel arrangement or participation in a tour shall constitute a Consumers’ absolute consent to all the provisions of this agreement. These terms and conditions contain important legal obligations that you make including a waiver of liability and waiver of a class action lawsuit, and choice of law provisions, so it is important that you read them carefully. If you do not agree with any of the terms of The Agreement, you should not make a booking with us or participate in a Tour. You acknowledge and agree that we may change these Terms and Conditions from time to time and that those changes become effective immediately. If we make material changes, we will provide you notice. Your continued use of our services following the notice of any changes constitutes your acceptance and agreement to be bound by such changes. You agree to be bound by the Terms and Conditions that are in effect at the time of travel or cancellation.

 

COVID 19 RELEASE OF LIABILITY: By booking a tour at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by JMV Epicurean Journeys.

 

You acknowledge that due to the uncertainty of travel at this time, your tour may be postponed or cancelled or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have proof of accepted vaccination and/or proof of negative testing. Stopover countries requirements will also apply. On your return home, additional testing, requirements, or documentation may be required. You are responsible for understanding these requirements and must not rely on Epicurean Journeys to provide these details. You understand that you may become sick before, during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.

 

You agree that due to uncertainty caused by COVID 19, JMV Epicurean Journeys has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, JMV Epicurean Journeys shall not be liable to any losses howsoever arising. You will be provided a Travel Protection Insurance Waiver to review and sign.

 

You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, AND HOLD HARMLESS JMV Epicurean Journeys LLC, its members, officers, agents, and/or employees, suppliers, and other tour members (RELEASEES), of, from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.

 

PRICE: All that is required to reserve your reservation on a Tour, is a non-refundable deposit per person.  Our deposit is non-refundable because planning any travel takes extensive time and research, and costs accrue well in advance of your travel.  You must make all payments on time and in accordance with the instructions that we give you.  For bookings made within 60 days of departure date, full payment is due at the time of reservation.  No booking will be considered confirmed until deposit and/or full payment is received by JMV Epicurean Journeys.

 

If we do not receive any payment due in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out below will become payable. We reserve the right to refuse a booking without giving any reason and shall, in that event only, return any deposit received. Reservations are non-transferrable.

 

Air travel is not included in the price of the tour and cancellation charges for Air travel will be governed by the terms and conditions of the airline.  Consumers must NOT purchase air travel tickets to or from the destination until the booking is confirmed.  If you purchase air travel before confirmation is received and the tour is then cancelled either by the you or by JMV Epicurean Journeys, we will not be responsible for the expense of the ticket.

 

JMV Epicurean Journeys quotes prices in US currency, based on the exchange rates for the respective foreign currency.  Exchange rates are subject to fluctuation.  Your exchange rate is only fixed when full payment is made, unless otherwise noted on your itinerary.  Any price that JMV Epicurean Journeys quotes is subject to change without notice until full payment is made.

 

Once full payment for your tour is processed, you will receive i) a receipt, immediately and ii) travel documents, typically within thirty (30) days of departure.  Please review documents carefully and promptly as we will not be responsible for any errors.  It is your responsibility to review all travel documentation and alert us as soon as possible with any corrections.

 

PAYMENT: All payments must be made via TravelJoy. Acceptable forms of payment are via credit card, wire transfer or personal check.  Credit card payments due typically incur a 3.5% processing fee.  In the case of a wire transfer, your due dates will be two weeks before the actual due date to allow time for bank processing.  If you wish to use a personal check made out to “JMV Epicurean Journeys, LLC”, please note that should the check be returned as “insufficient funds”, there will be a $50 returned check fee applied. 

 

In certain cases, you have the ability to dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. JMV Epicurean Journeys retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:

  • Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
  • Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card.  This does not include credit card fraud.
  • Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
  • Chargebacks resulting from force majeure or other circumstances that are beyond the control of JMV Epicurean Journeys or the supplier.
  • Chargebacks resulting because you do not agree with the cancellation policy.

 

CANCELLATION: As described above, JMV Epicurean Journeys is required to pay all suppliers well in advance of your Tour. This includes but is not limited to hotel accommodations, meals, activities, admission tickets, transportation, etc. All suppliers have their own cancellation policies, which apply to your booking. Should a cancellation become necessary, please inform JMV Epicurean Journeys immediately in writing and request written confirmation of your cancellation.  Upon receipt, JMV Epicurean Journeys will communicate with suppliers regarding any applicable refunds as outlined in the supplier’s terms and subject to their review.  If you are entitled to a refund, please note that the supplier is responsible for this refund, not JMV Epicurean Journeys.  Suppliers may choose to provide a travel voucher or credit in lieu of refund.  We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.

 

In addition to the terms of our suppliers, return of monies paid to JMV Epicurean Journeys will be refundable for cancellations per the cancellation table below and can be subject to change, less any non-refundable payments/deposits made by JMV Epicurean Journeys to our Suppliers.

 

  • 90 days prior to departure: 100% refunded, less any non-refundable fees already paid to suppliers.
  • 89 – 30 days prior to departure: 50% refunded, less any non-refundable fees already paid to suppliers.
  • Less than 30 days: no refund.

 

In the situation of a Consumer and/or Traveling Companion becoming sick from COVID-19 before departure, JMV Epicurean Journeys will work with the suppliers to find a reasonable solution to a refund.  While JMV Epicurean Journeys cannot be responsible for each supplier’s cancellation policies regarding COVID-19, we will do our best to assist the Consumer in finding a reasonable resolution.  Please be aware that the Consumer and/or Traveling Companion MUST provide a certified letter from the Physician or hospital to verify COVID-19 infection.  Because we and our suppliers generally adhere strictly to our cancellation policies, travel protection coverage is strongly recommended.

 

Air travel is not included in the price of the Tour and cancellation charges for Air travel will be governed by the terms and conditions of the airline.

 

CHANGES TO ITINERARY/BOOKING BY JMV EPICUREAN JOURNEYS: JMV Epicurean Journeys reserves the right to make changes to its published itineraries which we deem insignificant and are due to reasons beyond our control. In such cases, we will arrange for the substitution of comparable services. As an example, significant changes do not include the following: change of accommodation to another of the same standard, any change in the itinerary due to holiday, facility closure or weather, and any minor itinerary change where we make a reasonable substitute. JMV Epicurean Journeys will not be responsible for delays prior to the departure of this tour, during this tour, or at any time and will not be responsible for any additional cost or loss which may be caused because of these delays or changes to the itinerary.

 

CHANGES AND CANCELLATIONS BY THE SUPPLIERS: We will inform you as soon as reasonably possible if the supplier needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the supplier in relation to any alternative arrangements offered by the supplier, but we will have no further liability to you.

 

During local or national holidays, certain facilities such as museums, sightseeing tours and shopping may be limited or unavailable. In such instances itinerary changes are made by suppliers seeking to reduce inconvenience to customers. Such changes are deemed not to be a major change, and no compensation will be payable to customers. Holidays, closing days and other circumstances may necessitate a change of the day of the week for scheduled regional meals, sightseeing or other activities. If you feel your enjoyment might be diminished by any of these circumstances, please check with the respective national tourist office before selecting a specific departure date.

 

FORCE MAJEURE: We cannot accept liability, provide any refund, or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, inconvenience, or damage as a result of circumstances amounting to “force majeure”. “Force majeure” means any event or circumstances which we or the supplier of the services in question could not foresee or avoid. Such events and circumstances may include, acts of God, actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation, adverse weather conditions, fire, earthquake, hurricane, volcanic eruption, and all similar events outside our control. Furthermore, there will be no refunds due to fear of travel from actual or threatened terrorist, health, political, pandemic or other similar events.

 

TRAVEL PROTECTION PLANS:  JMV Epicurean Journeys strongly encourages all travelers to purchase a Travel Protection Plan including additional Cancel for Any Reason coverage.  Such plan, at a minimum, should cover Tour Cancellation or Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable tour deposits and payments that result from cancellation or tour interruption (due to a covered reason such as injury or illness before or during the tour). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Purchasing coverage may be limited by time constraints so it is imperative that you purchase protection as soon as possible after booking.

 

JMV Epicurean Journeys is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel protection plans. JMV Epicurean Journeys cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.

 

Declining travel protection plan coverage could result in the loss of your travel cost and/or require more money to correct the situation. You acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which tour protection plan coverage would otherwise have been available.

 

DESTINATION AND TRAVEL DOCUMENTATION: By offering reservations for travel in particular international destinations, JMV Epicurean Journeys does not represent or warrant that travel to such areas is advisable or without risk.  It is your responsibility to be aware of travel warnings, advisories, and travel restrictions/requirements as announced by the U.S. State Department or any other government agency. You are also responsible for obtaining any testing and providing any paperwork as required by governmental bodies due to COVID-19. Should you choose to travel to a country that has been issued a travel warning or advisory, JMV Epicurean Journeys will not be liable for damages or losses that result from travel to such destinations.

 

U.S. citizens, including minors, traveling outside the United States are required to carry a machine-readable passport valid for 6 months AFTER the return date along with applicable visas. It is your responsibility to obtain proper documentation to travel, including but not limited to a passport, and any required visas, reciprocity fees, affidavits, immunizations, etc. For information about passport requirements, you can visit the State Department’s website at https://travel.state.gov/content/travel/en/passports.html.

 

Non-U.S. citizens, those traveling on non-U.S. passports, or those arriving to or departing from a non-U.S. destination, should inquire with any applicable embassies or immigration authorities about entry/exit requirements for countries they are visiting, departing from, or returning to.

 

Such items as documentation, testing reports, vaccines, insurance, or anything else that might be required are the responsibility of the traveler. JMV Epicurean Journeys bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.

 

In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.

 

Any failure of a traveler to have proper visas and/or passport will likely result in the traveler not being able to leave the country or enter a destination and no refund will be available in any such case and JMV Epicurean Journeys will have no liability in such case.

 

Health: Recommended inoculations for travel may change and you should consult your health provider for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your tour. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.

 

For the safety of our travelers, JMV Epicurean Journeys reserves the right to request health information prior to travel and to exclude any traveler it deems unfit for travel at its sole discretion.

 

WHAT IS INCLUDED: A complete program is offered throughout each tour package as shown within the itinerary.

 

TIPPING: Personal tipping is left at traveler’s discretion. Our guides and drivers are very competent, and it is recommended that you show your appreciation for their services. Tipping Guidelines are presented within each itinerary.

 

DOMESTIC AND INTERNATIONAL AIR: Travelers are responsible for their own flights to/from the destination. JMV Epicurean Journeys has no control over flight schedule changes, fare or tax increases; therefore, any fare or tax increases will be reflected until the time of ticketing. JMV Epicurean Journeys will not and cannot handle individual requests pertaining to air transportation including but not limited to seat assignments, special meals, frequent flyer miles or similar. All such requests must be handled directly between the traveler and the respective airline.  Luggage is at the traveler’s risk unless insured.

 

NOT INCLUDED: Tour prices do not include items not specified in your itinerary. This includes but is not limited to passport or visa costs if applicable; meals that are not included in the tour; tips; laundry; mineral water; city taxes payable only on site at hotels; entry fees at sites not within the itinerary; travel protection insurance; airfare; alcoholic beverages unless otherwise specified; excess baggage and items of a purely personal nature.  This is an illustrative list and does not include every item that is not included.

 

MINIMUM GROUP SIZE (IF BOOKING IS FOR A GROUP): If required minimum group size of 12 (twelve) is not met, JMV Epicurean Journeys reserves the right to re-schedule the tour or re-price the tour. If the minimum group size is not reached, sole remedy of the traveler will be a tour voucher for a future date.

 

RESPONSIBILITY AND LIABILITY: JMV Epicurean Journeys, and its employees, shareholders, agents, and representatives use third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this tour.  JMV Epicurean Journeys is an independent contractor and is not an employee, agent, or representative of any of these suppliers.  JMV Epicurean Journeys does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour.  JMV Epicurean Journeys is not affiliated with any other tour operator.  All suppliers are independent contractors and are not agents or employees or representatives of JMV Epicurean Journeys.  All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all customers agree that neither JMV Epicurean Journeys, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of JMV Epicurean Journeys.  JMV Epicurean Journeys assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; JMV Epicurean Journeys assumes no responsibility or liability for personal property including personal motor vehicles; and JMV Epicurean Journeys shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. JMV Epicurean Journeys accepts no responsibility for lost or stolen items. JMV Epicurean Journeys reserves the right to refuse any traveler or potential traveler at its sole discretion.

 

ASSUMPTION OF RISK:  Additional risks and dangers may arise including, but not limited to, hazards of travel by train, automobile, motor coach, aircraft and other means of conveyance, animal interactions, forces of nature, political unrest, other unrest, risks associated with water, food, plants, insects, and differing animal regulation, and acts of national and local governments and unrest and acts of others against governments. These risks are not an exhaustive list but are examples of many kinds of risks.  You are voluntarily participating in these activities with the knowledge that there are dangers involved, and you hereby agree to accept any and all risks.  As lawful consideration for the agreement with JMV Epicurean Journeys to participate in such tours and activities you agree you will not make a claim against JMV Epicurean Journeys, its related companies or its personnel or sue for bodily injury, emotional trauma, death, property loss or damage or other loss, cost or expense, however caused, including the negligence of JMV Epicurean Journeys, as a result of or related to your contracting for, traveling to or from, or in any and every other way participating in the tour. You release JMV Epicurean Journeys, its related companies and its personnel from any and all claims, known or unknown, arising from contracting for, traveling to or from, and in any and every way participating in a tour. This release of liability and assumption of risk agreement is entered into on behalf of you and all members of your family and party, also including minors. This agreement also binds your heirs, legal representatives and assigns.

 

Where the traveler occupies a motor coach seat fitted with a safety belt, neither JMV Epicurean Journeys nor the Operator nor its agents or co-operating organizations or service providers will be liable for any injury, illness or death or for any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of such an accident or incident. This exclusion and limitation of liability shall not be used to imply that the Operator or its agents or affiliated entities are liable in other circumstances.

 

PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES: The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility.  However, we will be delighted to discuss the feasibility of your participation in any of our Tours. IT IS IMPORTANT TO ADVISE JMV EPICUREAN JOURNEYS OF ANY OF THE ABOVE CONDITIONS WITH REGARD TO OBTAINING TRAVEL PROTECTION INSURANCE AS IT IS REQUIRED TO BE PURCHASED WITHIN 14 DAYS OF THE BOOKING DATE IN ORDER TO COVER PRE-EXISTING CONDITIONS. 

 

It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your tour, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. JMV Epicurean Journeys will make reasonable efforts to accommodate requests but cannot be responsible if ADA accommodation is not available.  Any accommodation provided will be at the sole expense of the traveler requiring the accommodation.  Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.

 

JMV Epicurean Journeys, tour guides, leaders and suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify JMV Epicurean Journeys at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.

 

PHOTOGRAPHIC/VIDEO LIKENESS: Traveler hereby gives consent to JMV Epicurean Journeys to publish any photographs and/or videos of the tour or Traveler in printed or electronic media without obtaining further consent and without compensation. Each Traveler releases JMV Epicurean Journeys and its representatives from any liability in connection with any use of such photographs and/or video.

 

SEVERABILITY: If any provision of these terms and conditions shall be held unenforceable, such provision shall be struck and the remainder shall remain enforceable.

 

JURISDICTION/CHOICE OF LAW/VENUE:  This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of South Carolina, USA, exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in South Carolina, USA. You agree that you will only bring claims against JMV Epicurean Journeys in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding.  JMV Epicurean Journeys shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a tour means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against JMV Epicurean Journeys unless you have first provided a typewritten notice of claim to JMV Epicurean Journeys within 30 days after the tour or cancellation of the tour.

 

CANCELLATION FEES & FINAL PAYMENT: As defined in each tour respective itinerary.