HETZER TOURS & CHARTERS, INC.
149 SAVOY AVENUE DAYTON, OHIO 45449-1724
TELEPHONE: (937) 866-1461 (TOLL FREE) 1-800-322-0223 FAX:(937) 866 6761
Registered/Bonded - Secretary of State of Ohio - #TP199
and
“International Fine Arts Institute”
Phone: 414 352 1917 Fax: 414 228 4756
Milwaukee, Wisconsin 53217
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Performance Agreement
This agreement is made and entered into this _______ day of June, 2007 by and between Medina High School Orchestra (Hereafter referred as “Orchestra”) and “Hetzer Tours and Charters” (hereafter known as HTC) and “The International Fine Arts Institute” (Hereafter known as “IFAI”)
RECITALS
Whereas “HTC” & “ IFAI” have substantial experience in planning, organizing and
implementing historical trips to International venues and doing so in a “First class” manner, and whereas the “Medina High School Orchestra” has indicated an interest in participating in a high level performance at the “International Music Festival” in St. Petersburg, Russia 2008
following:
Now, therefore, in consideration of the mutual promises and Covenants contained herein agree to the following:
I –APPOINTMENT OF HTC/IFAI: The Orchestra hereby appoints and retains “HTC/IFAI” to act as their agent and guide for the trip to Russia.
II – Duties of “HTC/IFAI”: “HTC/IFAI” hereby agrees to procure and perform in a timely manner all services necessary to conduct a successful and well organized trip to Russia. These duties and services are as follows:
A. “HTC/IFAI” to procure round trip airfare from Cleveland, Ohio to St. Petersburg, Russia on or about March 27,2008 and returning to Cleveland on or about April 5, 2008.
B. Arrange for the “Orchestra” to participate in high level programming mutually agreed upon by the Orchestra, HTC/IFAI/ and the “Ministry of Culture”.
C. Procure all other land arrangements needed by the “Orchestra” while in Russia including all ground transportation, all lodging, meals as per agreement, social activities, and an educationally sound cultural program.
D. Procure the services of tour escorts, guides and interpreters.
III. FINANCIAL TERMS
A. The cost of this program will be $2,490.00 US dollars (based on EURO exchange of .7692) per person including: VISA application, Airline taxes (Up to $300.00 US Dollars), third meal of each day, Customary “Tips” for travel personnel (Drivers, escorts, guides, etc.)
B. All flights will be by regularly scheduled airlines.
C. The pricing is based on current tariffs and rates of exchange and is therefore; subject to change/ adjustment should costs vary greatly up to 60 days prior to departure.
NOTE: Please refer to “Custom” payment plan as agreed by all at end of Document
"TERMS & CONDITION
(Please read thoroughly before making/beginning any payments)
"HETZER TOURS & CHARTERS/IFAI” agree to secure for this group the outlined services at the specified dates upon receipt of an initial deposit. Payment of this deposit is acknowledgement of this contract and constitutes agreement to the "Terms & Conditions" set forth herein.
TOUR PRICES
Tour prices are quoted in U.S. Dollars, per person, and include all services as listed/outlined in the
Proposed program. (An exchange rate of .7692 EURO per 1 US$)
They are based on a minimum number of persons traveling/paying and calculations were based upon the tariffs, prices and exchange rates in effect on date tentative program was submitted and accepted by the group.
All prices are subject to change without notice, should there be any revision in such tariffs, prices, and/or exchange rates. Furthermore, "HETZER TOURS & CHARTERS/IFAI" reserves the right to adjust tour prices in the event of changes in land arrangements and/or departure dates.
All airfares quoted are based on current tariffs, subject to airlines' reservation and ticketing rules and policies. Until such time as full payment is received and tickets are issued, airfares are subject to change without notice.
NOT included in the tour prices are all items not specifically outlined in the itinerary, or items listed as "optional", "possibility to", or "personal expense", vaccinations and inoculations, overweight, oversize, and excess baggage charges, instrumental rental, cost of hospital, travel, repatriation, medical & hospital expenses or insurance policies, as well as items that are of a strictly personal nature. Airfare taxes exceeding $300.00.
Customary tips (usually given as a token of appreciation) to the tour director, escort, the long
distance coach-driver, etc. are included.
"Failure to comply with these payment deadlines may result in automatic cancellation of the reservations and the refund of all deposits (if any), less all cancellation fees according to our "Cancellation and Refund Policy".
"PAYMENT PLAN AND TIME SCHEDULE"
All payments must be made by check or Credit Card payable to: HETZER TOURS & CHARTERS, INC. Arrangements can be arranged for any and all payments to be made by credit card (MasterCard, Visa & Discover will be honored) A 3% service fee will apply to all charges.
The above credit cards may also be used to purchase airline tickets, as long as regular airfares apply.
1 - INITIAL GROUP DEPOSIT:
An initial single group deposit of $1000.00 is required when proposal is accepted. Only upon receipt of this deposit will the necessary reservations be made/reconfirmed with the suppliers.
2 - SECOND DEPOSIT:
A second deposit of $300.00 (non refundable) per person is due six (6) weeks after acceptance of tour proposal.
3 - FINAL PAYMENT:
The final payment (balance due) for each tour participant is due no later than nine (9) weeks prior to departure.
* - NOTE: The paragraph below will become a part of this contract in lieu of #2 & #3 above.
A continued payment plan will become part of this contract upon agreement by all three parties of this contract ("Medina High School String Department" - "Hetzer Tours & Charters. Inc." - "International Fine Arts Institute") Example of "Payment Plan Proposal" is attached at end of Document.
"TICKETS FOR (optional) EVENTS" - ("Non program proposed)
Tickets for (optional) events (theatre, opera, operetta, concerts or other performances, sporting events, exhibitions, fairs, or similar events, have to be paid in full immediately upon confirmation by "HETZER TOURS & CHARTERS". These tickets become the property of the participant and are totally non-refundable.
Failure to comply with these payment deadlines may result in automatic cancellation of the reservations and the refunds of all deposits (if any), less all cancellation fees according to our "Cancellation and Refund Policy".
(See following page)
"CANCELLATION AND REFUND POLICY"
Tour participants may withdraw from the tour any time prior to departure, or after the tour has started, subject to the following terms and conditions “HETZER TOURS & CHARTERS/IFAI” makes reservations and advance deposits to suppliers after receiving the initial deposit. These results in a costly process of letters, toll calls, telex fees, telefax, and bank charges for money transfers, etc. To offset these expenses, the following assessments will apply. Please understand that exceptions cannot be made.
All cancellations must be in writing and mailed to "Hetzer Tours & Charters, Inc." by certified mail. None will be accepted by telephone or “Email”. The postmark date on the envelope will be the effective date for determining the number of days/weeks and the amount of any refund that may be due.
Between the date of initial deposit and up to six months prior to departure, all payments are refunded in full less the initial deposit of $300.00; however, HETZER TOURS & CHARTERS reserves the right to assess and retain a service charge not in excess of $500.00, to offset costs incurred on behalf of the group.
If cancellation occurs between six (6) months and up to eight (8) weeks prior to departure all payments are refunded, less a cancellation fee of $500.00 per person.
If cancellation occurs eight (8) weeks or less before departure, but more than one (1) month prior to departure, all payments refunded will be determined by the amount of monies refunded by the various services to the agency and to the level of refund received by the agencies after automatic $500.00 forfeiture. Individual cancellations occurring within one (1) month or less before departure, fifty (50%) percent of the tour price is non-refundable after calculating costs forfeited to service providers.
No refund is possible if a whole group is canceled within one month of departure, nor for unused services once the tour has begun.
Tickets for (optional) events, those not included on the itinerary, are positively non-refundable.
Should a participant who is canceling his/her reservations locate a qualified substitute, then a full refund will be made, less a processing fee of $200.00. Any extra charges/fees must be resolved before acceptance of replacing participant will be approved. However, replacements cannot be accepted within one (1) month (30 days) of departure.
"TOUR DOCUMENTS"
Tour documents consist of vouchers and various important information for the tour director/group manager and useful hints for the tour participants. They will be mailed approximately four (4) to three (3) weeks before departure, only after receipt of the following:
-FINAL PAYMENT (65 dayts prior to departure)
-Receipt of Visa application with physical copy of original passport (Required for VISA issuance)
-A complete passenger list giving::"Name of participant as listed on "USA Passport", Birthplace,
"Passport number, Passport issuance office, and passport expiration date".
-A completed tour rooming list.
"REBOOKINGS"
Any changes made by the group in the departure date, or in the duration of the tour, and/or destination(s) after receipt of the initial deposit are deemed to be considered a cancellation of the reservations subject to our "Cancellation and Refund Policy". It then becomes a completely new reservation.
"TRAVEL DOCUMENTS"
All U.S. citizens traveling abroad must have a valid, U.S. passport and a Russian Visa. Russia requires a visa prior to entering. Since requirements may change, and also vary around the world, it is advisable to contact the appropriate consulates as early as possible for this information. A participant’s inability to obtain the necessary passport/visa in time is considered a cancellation subject to our "Cancellation and Refund Policy".
"PHYSICAL DISABILITY"
Any physical or mental disability requiring special treatment or attention must be reported in writing to "HETZER TOURS & CHARTERS" immediately at the time of reservation. "HETZER TOURS & CHARTERS" reserves the right to request assistance for the disabled participant during the tour, at the participant's expense. A disabled participant's refusal to accept such assistance shall be considered a cancellation subject to our "Cancellation and Refund Policy".
"INSURANCE"
Insurance coverage (baggage, health and accident, trip interruption coverage, trip cancellation protection and Repatriation) is available at moderate extra cost, and is highly recommended. A special group package is available upon request BUT must have 100 % enrollment by each participating in the tour.
"LIMITED LIABILITY"
The responsibility of "HETZER TOURS & CHARTERS/IFAI" and or its agents is limited. They act only in the capacity as an agent for the tour participant in all matters connected with transportation, whether by plane, motor coach, boat, railway, autocar, or other means, accommodation and meal services, sightseeing programs, and other suppliers of services. As an agent, "HETZER TOURS & CHARTERS/IFAI" is not responsible for any damage, injury, loss, accident or irregularity resulting from any damage, additional expense, or inconvenience caused by delay, or canceled transportation services, changes of schedule, strikes, or defect in any vehicle through the act or default of any company or person engaged in conveying the participant or in carrying out the arrangements of the tour; sickness; weather; strikes; lockouts; or labor stoppages regardless of fault; war (declared or not); riots; hostilities; civil disturbances; theft; pilferage; epidemics; quarantines; medical or customs regulations; acts of public enemies; seizure under legal/illegal process; acts of God and from any other causes beyond the control of "HETZER TOURS & CHARTERS/IFAI". Any acts of above will not warrant a viable reason for cancellation unless the U.S of A. government places restriction upon the direct area of visitation. (province, state, diocese, or an appropriate geographical jurisdiction)
"HTC /IFAI" neither owns nor operates any of the suppliers of services and reserves the right to withdraw any features announced in the itinerary, substitute hotels, and to make such alterations in the tour program as may be found undesirable for the convenience of the participants, and the proper operation of the tour.
"HTC" reserves the right to cancel the tour any day prior to departure for any reason. In such event the liability of "HETZER TOURS & CHARTERS" is limited to a refund of all payments received and this shall constitute full settlement with the tour participant/s.
All parties involved consent to the exclusive jurisdiction of the State of Ohio in any proceeding hereunder.
* Continued payment plan – (see noted paragraph above “Payment Plan and Time Schedule”)
$1,000.00 - Initial Group Deposit – Non-refundable but fully applicable to tour group costs.
Individual participant payments:
Initial deposit (Non-refundable) - $300 June 1
Installments of $600 – On the following dates: August 1, October 1, (2007)
January 1, (2008),
Balance of $390 February 1, (2008) (PLEASE NOTE: Any cost adjustments due to changed value of “EURO”, or other reason/s, will be made at this payment
Total of payments - $2490.00 US Dollars ( 1 EURO = .7692 US $) or (1.30 US$ = 1 Euro)
DIRECTIONS FOR INDIVIDUAL PAYMENTS WILL FOLLOW AFTER ACCEPTANCE OF CONTRACT
See following signature page:
Signed:
Medina High School Orchestra for: Medina High School Orchestra
% Keith Holliday
777 E Union St. ____________________________ ____________
Medina, Ohio Keith Holliday – Orchestra Director Date
Telephone: (330) 722 0245
Telefax: (330) 764 3521
“Hetzer Tours & Charters, Inc.” for : “Hetzer Tours & Charters, Inc.”
Herbert C. Hetzer, Sr.
149 Savoy Avenue ___________________________ ___________
Dayton, Ohio 45449-1724 Herbert C. Hetzer, Sr. – President Date
Telephone: (937 866 1461
Telefax: (937) 866 6761
“INTERNATIONAL ARTS INSTITUTE” for: INTERNATIONAL FINE ARTS INSTITUTE
Roberta Gordon, President
1015 E. Glencoe Place ___________________________ ____________
Milwaukee, WI. 53217 Roberta Gordon, President Date
Phone: (414) 352 1917
FAX: (414) 228 4756
