1. All travel-related goods and services (including tickets, if applicable) (collectively, the “Travel Services” or the “Program(s)”) that are offered and provided by RPMC, Inc. (“RPMC”), and/or described on the website offer page(s) and/or website reservation/order form hosted by RPMC, or in any emails distributed by RPMC describing such Travel Services (collectively, the “Offer”), are subject to the following terms and conditions, as well as any terms and conditions found in the Offer and any additional terms and conditions provided by RPMC (either presently or in the future) pertaining to the components of each Program (“Supplemental Terms”).  The terms of the Offer, the terms set forth herein and the Supplemental Terms are incorporated herein and shall be collectively referred to herein as the “Terms of Service”.  By accepting the Terms of Service via the manner indicated in the Offer, or otherwise making any partial or full payment or deposit with respect to the Travel Services, or otherwise accepting or participating in any portion or element(s) of a Program, the purchaser (“Purchaser”) acknowledges, accepts and agrees to be legally bound by these Terms of Service (also referred to as this “Agreement”).
   
2.
  1. The offer of each Program and its components, together with the scheduling of each Program and its components, is subject to availability and date restrictions. Unless otherwise stated in the Offer, the purchase price of the Program (the “Purchase Price”) does not include travel or other Program elements outside of the date restrictions and does not include fees or charges imposed by Suppliers (as defined below) for services or items offered beyond their standard level of service or any of RPMC’s fees with respect to such additional services or items.  The Purchase Price also does not include any additional fees or costs incurred by RPMC as a result of changes or cancellations to the Program, or to its itinerary (including travel times or dates), made at the request of the Purchaser or any guest of the Purchaser (collectively, a “Participant”), or made as a result of any actions of the Purchaser or any Participant.  RPMC shall not be obligated to provide any goods or services beyond those described in the Offer and in these Terms of Service.  In the event Purchaser requests that RPMC provide any additional or substitute components, activities or special events with respect to the Travel Services or the Program described herein which are not specified in the Offer or these Terms of Service, then, should RPMC agree to provide any such substitute or additional goods or services, Purchaser agrees to pay RPMC such additional fees as may be agreed to by the parties hereafter with respect to such goods and/or services.
   
3.
  1. Payment of the Purchase Price is due to RPMC in accordance with the terms of the Offer and these Terms of Service.  Failure to make timely payment in accordance with such terms and conditions shall constitute a breach of this Agreement by Purchaser.  Time is of the essence with respect to this Agreement.
   
4. All Programs are non-transferable and cannot be sold, assigned, given away or otherwise transferred to any third party.  No rights are granted herein to any Participant other than the Purchaser.  Accordingly, all decisions relative to Programs must be made solely by the Purchaser and not his/her Participant guest.  In the event of a conflict between the decisions made by a Purchaser and his/her Participant guest, the decisions of the Purchaser shall prevail and be binding upon the Purchaser and his/her Participant guest(s).
   
5. The Program must be purchased/reserved by the date set forth in the Offer.  All travelers must travel on the exact same itinerary.  Unless otherwise stated in the Offer, once a reservation has been made it is final and cannot be cancelled, changed, rescheduled or exchanged for a reservation of another Program unless otherwise agreed to by RPMC in writing. No itinerary may vary from the description provided by RPMC of the components of each Program and the corresponding chronological order of such components, if applicable; provided, however, that a Purchaser may upgrade Program components or add additional components upon the approval of RPMC (subject to such additional fees and terms and conditions as may be imposed by RPMC).
   
6.
  1. All travel must be completed by the date set forth in the Offer.  Failure to meet such deadline will result in the forfeiture of the elements of such Program.  RPMC is not obligated to fulfill any Program or Program components after such date.
   
7.
  1. This Program is land only.  No air transportation is included.
   
8.
  1. Unless otherwise stated in the Offer, all Programs require two persons to travel and all hotel accommodations are double occupancy.
   
9.
  1. Each Purchaser and his/her Participant guest(s) must be at least 18 years of age to participate in a Program.
   
10. Unless cancellation is prohibited by the Offer, in the event of cancellation by the Purchaser, Purchaser shall pay to RPMC a sum equal to any non-refundable costs RPMC incured in securing the elements of the Program for Purchaser.  In no event will RPMC be required to refund amounts to Purchaser which are not recoverable by RPMC.  In addition, and unless otherwise stated in the Offer, the following schedule of cancellation fees shall also apply and be due from Purchaser, based on the date of receipt by RPMC of written notice of cancellation from the Purchaser.

DAYS PRIOR TO DEPARTURE

CANCELLATION FEE

More than 90

$500 per person

61-90

$500 per person or 50% of Purchase Price, whichever is greater

60 or less

Entire Purchase Price (entire Purchase Price is non-refundable)


In the event of any conflict between the cancellation schedule set forth above and any in the Offer, the cancellation schedule in the Offer shall prevail and be controlling.

   
11.
  1. Certain components of a Program may be provided in the form of a certificate or voucher (collectively, a “voucher”).  RPMC is not responsible for any loss or theft of such vouchers and will not replace them.  All costs incurred by Purchaser or Participants in excess of the vouchers provided by RPMC, and the costs of any elements related to the Program that are not explicitly described as being a component of such Program, are the responsibility of the Purchaser or Participant, as applicable.
   
12.
  1. Unless otherwise stated by RPMC in writing or included in a Purchaser’s itinerary, all parking and transportation to/from airports, accommodations and events are not included, and limousine service (if part of the Program) is limited to a maximum of 4 hours per day.  For transportation that is offered by RPMC, RPMC reserves the right to select the mode and providers of such transportation in its sole discretion.
   
13.
  1. Unless otherwise stated by RPMC in writing, any applicable international departure taxes, tariffs and/or customs duties are not included as part of any Program.  Participants are solely responsible for obtaining valid passports and/or other travel-related documents that may be required in order to travel on the scheduled itinerary for each Program.
   
14.
  1. RPMC, Inc., together with its officers, directors, employees and agents (collectively, “RPMC”), is acting herein as an independent seller of Travel Services.  RPMC is not acting as an agent for any Purchaser or Participant(s).  Unless otherwise noted, each Program is provided by third-party suppliers such as hotels, ground transportation providers, ticket suppliers, car rental agencies, tour operators, and manufacturers (collectively, “Suppliers”) and such goods and services are not independently provided by RPMC.  Accordingly, RPMC shall not be liable for any breach of contract or applicable laws by such Suppliers, or any intentional or negligent actions or omissions on the part of such Suppliers, including but not limited to any resulting death, injury, illness, accident, damage, loss, cancellation, delay, inconvenience, liability, obligation or expense of any kind or nature whatsoever (collectively, “Damages”) incurred by Purchaser or any Participant.  In no event shall RPMC’s obligations and liability arising out of or in connection with a Program extend to indirect, punitive, special, incidental or consequential damages.  Notwithstanding the above, RPMC’s liability hereunder shall not exceed the Purchase Price allocable to the applicable Program. The responsibilities and liabilities of any Supplier used in a Program are limited to those terms and conditions set out in the contract in use by the Supplier for the provision of its goods or services and shall constitute the sole contract between such Supplier and each Purchaser.  Any and all coupons, vouchers, receipts and tickets issued are done so subject in full to all of the terms and conditions specified thereon and by the Suppliers thereof.
   
15.
  1. Each Purchaser and Participant irrevocably and perpetually agrees to release, discharge, indemnify and hold harmless RPMC, Inc., Panic at the Disco, Crush Management, The Marketing Factory, Inc., and American Honda Motor Co. Inc., as well as each of their parent corporations, subsidiaries and affiliated companies, and each of their respective officers, directors, employees, representatives and agents (collectively, the "Program Entities"), from and against any and all claims, judgments, damages, losses, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from the purchase, redemption, acceptance, misuse or use of any Program, or participation in any Program or Program-related activity. The Program Entities do not MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, WHETHER EXPRESS OR IMPLIED, OR IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, THE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PROGRAM OR ITS COMPONENTS.  If required by RPMC, each Purchaser and Participant must sign and return, or otherwise agree to, a corresponding liability release and indemnification form (“Release Form”) to be supplied by RPMC.  If such a Release Form is required by RPMC, then no Travel Documents (as defined below) shall be delivered to a Purchaser unless such Purchaser and his/her Participant(s) signs and returns, or otherwise agrees to, the Release Form. 
   
16.
  1. Travel and participation in the Programs (such as participation in sports programs, action and adventure programs, concerts, tours and special events) inherently involves risks of injury, and therefore, by voluntarily taking part in the Program, Purchaser and each Participant acknowledges and assumes any of the inherent risks.  In the absence of negligence or willful misconduct on the part of RPMC, RPMC shall not be liable for Damages to Purchaser or a Participant resulting from purchasing or participating in a Program.
   
17.
  1. Purchaser and each Participant hereby releases RPMC from any duty to provide, check or verify any and all passports, visas and tourist cards, birth certificates, vaccination certificates and any other travel or entry requirements for each such Purchaser or Participant (collectively, the “Personal Documents”).  RPMC shall have no responsibility for the replacement of lost or stolen Personal Documents or tickets, coupons, vouchers, certificates, receipts or other documents pertaining to the Program (collectively, the “Travel Documents”) once RPMC has furnished such documents to a Purchaser.  Further, RPMC shall have no liability for the failure of a Purchaser or Participant to comply with security related rules and regulations of Suppliers or governmental entities. 
   
18.
  1. The Program Entities shall not be responsible for any Damages to accommodations (e.g., hotels, private houses, rental units, etc.), vehicles (e.g., planes, limousines, buses, rental cars, etc.) or premises (e.g., restaurants, nightclubs, concert venues, etc.), or any persons occupying such accommodations, vehicles or premises, that arise from the acts or failure to act of the Purchaser or any Participant (collectively, “Participant Damage Claims”).  Purchaser agrees to indemnify, hold the Program Entities harmless from and against, and reimburse the Program Entities for any and all Participant Damage Claims (including any security deposit amounts posted by RPMC and surrendered as a result of Participant Damage Claims) that may be imposed on, incurred by, or asserted against the Program Entities, including any claims for property damage, repairs, cleaning, utility usage (including telephone usage) and personal injury to persons on or about the property or vehicle, as applicable.  As security against the Program Entities  being held responsible for Participant Damage Claims, Purchaser agrees that RPMC may, in its discretion, require Purchaser to provide RPMC (or the provider of the applicable accommodations, vehicle or premises) with his/her individual credit card account information and authorization for RPMC (or the provider of the applicable accommodations, vehicle or premises) to receive reimbursement from such account for any resulting Participant Damage Claims.
   
19.
  1. The Program Entities shall not be liable in any manner for Damages sustained by a Purchaser or Participant(s) as a result of causes beyond their control, including, but not limited to the postponement or cancellation of events by third parties, fires, floods, climatic conditions (including severe weather), accidents, civil disorder, acts or threats of war or terrorism, mechanical malfunctions, construction, disease, strikes or other labor difficulties, embargoes, or any law, regulation or other action adopted or taken by any governmental authority, or any other cause not reasonably within the Program Entities control, whether or not specifically mentioned herein (hereafter an act of “Force Majeure”). If the Program (or any portion thereof) is postponed or cancelled as a result of an act of Force Majeure, then the cancellation policy referenced herein will apply except that the date used to establish the cancellation fee shall be the date on which the Program (or any portion thereof) is officially postponed or cancelled.
   
20.
  1. In the event a change to the itinerary or other elements of a Program becomes necessary or advisable, as determined by RPMC in good faith, as a result of an act of Force Majeure, or the acts of third parties, or as a result of the unavailability of a particular component of a Program, then RPMC may, acting in good faith, substitute another Program or Program element of equal or greater value without penalty or liability to the Purchaser or any Participant. 
   
21.
  1. Any and all services are provided subject to applicable national and local laws and regulations. RPMC reserves the right, to be exercised in good faith, to decline to accept or retain any Purchaser or Participant with respect to a Program.  RPMC shall not be responsible for, or have any liability with respect to, any cancellation, delay, diversion, changes or additional costs incurred resulting from any act or omission on the part of the Purchaser or any Participant, or resulting from any act or omission by any governmental entity with respect to the Purchaser or any Participant, nor shall RPMC have any responsibility to make alternative arrangements for such Purchaser or Participant.
   
22.
  1. RPMC advises Purchaser and Participants to obtain their own insurance regarding the Programs covering such things as personal injury, property damage, general liability, loss of baggage or other valuables, and travel cancellation, postponement and interruption.  RPMC is not responsible for any liability with respect to such forgoing items unless due to the negligence or willful misconduct of RPMC.  In any event, liability for the loss, theft or damage of baggage is limited as set forth in each Supplier’s terms and conditions.  In no event shall RPMC incur any liability with respect to the loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables.
   
23.
  1. It is agreed that the substantive and procedural laws of the State of California (excluding its conflict of laws provisions) shall apply in all respects to the interpretation and enforcement of these terms of service.  Purchaser irrevocably consents to the jurisdiction of the courts of the State of California, with venue in Los Angeles County or, in the alternative and to the extent that a basis for federal jurisdiction exists, in the United States District Court for the Central District of California.  Purchaser waives his/her objection to such forums, whether on the basis of inconvenience, lack of personal jurisdiction or otherwise.  Purchaser agrees that any action resulting from any breach on the part of RPMC of these terms of service must be commenced within one year after the cause of action has accrued.
   
24.
  1. These Terms of Service, including the Offer and any Supplemental Terms, constitute the final, complete and exclusive statement of all the terms of agreement between RPMC and each Purchaser with respect to each Program, and no prior oral or written agreement shall be a part of or a modification of these Terms of Service.  Except as to Supplemental Terms, no change, modification or waiver of any of the provisions herein shall be binding upon RPMC unless agreed to by an authorized representative of RPMC hereafter, in writing.
   
25.
  1. RPMC is a participant in the California Travel Consumer Restitution Corporation (“TCRC”). If Purchaser is not located in California, then this transaction is not covered by the TCRC.  If Purchaser is located within California, then Purchaser may request reimbursement from TCRC if it is owed a refund of more than $50 for transportation or travel services which was not refunded in a timely manner by RPMC where a refund was lawfully due.  The maximum amount which may be paid by the TCRC to Purchaser is the total amount paid by Purchaser to RPMC, not to exceed $15,000.  A claim must be submitted to the TCRC within 6 months after the scheduled completion date of the travel and must include sufficient information and documentation to prove the claim, along with a $35 processing fee.  By law, anyone submitting such a claim must agree to waive their rights to other civil remedies against RPMC for matters arising out of the claim.  You may request a claim form by writing to:  California Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA 94977-6001

CST 2016737-10

   
 

RPMC is a registered trademark of RPMC, Inc.  Any and all other trademarks referenced in the descriptions of a Program are the property of the owner of each respective trademark, and each such owner is not a sponsor of, nor in any way affiliated with, the Program offered herein or RPMC, Inc.