Gray Line Alaska CONTRACT OF CARRIAGE
NOTICE TO PASSENGERS: THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND ROYAL HIGHWAY TOURS, INC., D/B/A Gray Line Alaska, WITH RESPECT TO THE GRAY LINE TOUR(S) YOU HAVE PURCHASED (TOUR). THE WORD “YOU” REFERS TO ALL PERSONS TRAVELING UNDER THIS CONTRACT. CERTAIN OTHER PERSONS AND ENTITIES ARE ALSO GRANTED RIGHTS UNDER THIS CONTRACT. YOUR PARTICIPATION IN THE TOUR CONSTITUTES ACCEPTANCE OF THIS CONTRACT. THIS CONTRACT CANNOT BE TRANSFERRED BY YOU. ANY ALTERATIONS TO THE CONTRACT WHICH ARE PURPORTED TO HAVE BEEN MADE BY GRAY LINE AND WHICH HAVE NOT BEEN AGREED TO IN WRITING BY THE PRESIDENT OF GRAY LINE ARE NOT BINDING UPON GRAY LINE.
TERMS AND CONDITIONS OF CONTRACT–READ CAREFULLY BEFORE ACCEPTING
1. The Tour: In consideration of your payment of the fare, Gray Line agrees to provide you with the Tour utilizing, to the extent applicable, one or more motor coaches, day boats and/or railcars owned, operated or arranged for by Gray Line (Gray Line Equipment). Gray Line refers to Gray Line Alaska.
2. Third Parties/Tariffs: Gray Line shall be entitled to the full benefit of all rights, immunities and limitations of or exemptions from liability provided by applicable law. All rights, exemptions from liability, defenses and immunities of Gray Line under this contract or applicable law will also inure to the benefit of all affiliates of Gray Line, the owners of any Gray Line Equipment (OWNERS), the Alaska Railroad Corporation (ARRC), and all operators, agents, managers, representatives, employees, contractors and others used, engaged or employed by or on behalf of Gray Line, the affiliates of Gray Line, the OWNERS and ARRC. These third parties will have no liability to you, either in contract or in tort, which is greater than or different from that of Gray Line. As a regulated carrier, Gray Line has tariffs on file with appropriate governmental agencies which, to the extent applicable, are incorporated by reference in this Contract.
3. Time Limitation for Lawsuits: You may not maintain a lawsuit against Gray Line for loss of life, illness, bodily injury, loss or delay of or damage to baggage or breach of contract unless written notice of the claim is delivered to Gray Line not later than six (6) months, and the lawsuit is commenced not later than one (l) year, after completion of the Tour.
4. Schedule Changes/Substitution of Tour Components: Although Gray Line will use its best efforts to provide you with the Tour, situations may occur which require that changes be made. By way of example only, Gray Line may adjust itinerary and schedules, and may delay departures or arrivals, due to casualty, weather, labor problems, the need to render assistance to others, governmental or insurer directives, passenger or employee injury or illness, schedule delays or changes by ARRC and other third parties, repair and maintenance requirements, fuel or other shortages, or damage to Gray Line Equipment, roads, bridges, tracks, docks, equipment or machinery. Gray Line assumes no liability for any damages resulting from any such change. Furthermore, Gray Line reserves the right to provide you with alternative transportation whenever the Tour is unable to proceed or be completed in the ordinary course or, in the case of hotels, substitute facilities of similar category in cases where the planned hotel is unavailable due to overbooking or otherwise.
5. Denied Transportation/Limitation on Liability: Circumstances may arise which, in the reasonable discretion of Gray Line, dictate that for your safety, the safety of the Gray Line Equipment or the safety or comfort of other passengers or Gray Line employees, you be denied transportation either before or during the Tour. In the event you are injured, become ill, or die, or your property is lost or damaged, or you and/or your property is delayed, Gray Line will not be liable to you for any damages unless the occurrence was due to Gray Line’s negligence or willful fault. In no event will Gray Line be liable to you for consequential, incidental, exemplary or punitive damages.
6. Baggage Policy: Gray Line will not be liable for any loss or delay of or damage to baggage while not in the care of Gray Line. Gray Line will not assume any liability for any loss or delay of or damage to breakable or perishable items, medicine, liquor, cash, credit or debit cards, jewelry, gold, silver or similar valuables, securities, financial instruments, records or other valuable or business documents, computers, cellular telephones, cameras, hearing aids or other video or electronic equipment, binoculars, film, videotape, computer disks, audio disks, tapes or CDs. Gray Line also assumes no liability for property you may leave unattended in the passenger compartment of the Gray Line Equipment either during or at the conclusion of the Tour. All baggage must be able to fit in the baggage compartment of the Gray Line Equipment. If you have any claims for loss or delay of or damage to baggage that are not satisfied through baggage insurance you may have procured, the total limit on Gray Line liability for loss of or damage to or delay of baggage is the lesser of actual baggage value (after deducting amounts received under any baggage insurance you may have procured) or $250/passenger.
7. Tour Components Furnished by Independent Contractors: Services or portions of the Tour provided by any person or company other than Gray Line (such as The National Railroad Passenger Corporation (AMTRAK), airlines, taxis, hotels, certain boats or other vessels, meals and medical care providers) are performed by independent contractors, are solely at your risk and are subject to the terms or arrangements made by you or on your behalf with the independent contractor. Gray Line assumes no responsibility with respect to the goods or services of these independent contractors (including for delay, injury, death or damage to property) even though it may collect monies or make arrangements on your behalf. The provisions of Paragraph 2 above do not preclude you from pursuing a claim against these independent contractors based on their negligence or fault.
8. Cancellation by Gray Line/Refunds: Gray Line reserves the right to cancel all or part of the Tour in its reasonable discretion. If Gray Line cancels the entire Tour, you will receive a full refund of amounts paid to Gray Line. If Gray Line cancels a portion of the Tour due to weather or other reasons beyond the control of Gray Line or if you decide, for any reason whatsoever, to not participate in all or part of the Tour, Gray Line will not be required to make any refunds. For other partial cancellations by Gray Line, you will receive a refund for the value of the canceled portion, with value to be determined by Gray Line in a fair and equitable manner. If, due to weather or other unforeseen reasons, flights are adversely impacted or you are otherwise required to spend an additional night in a location, hotel and meal costs are your responsibility. All refunds are processed by the main office of Gray Line in Seattle, Washington. No refunds will be made on the spot.
9. Passengers with Disabilities/Inherent Risks: Gray Line does not discriminate against persons on the basis of disability. Service animals are permitted to accompany you on the Tour if prior arrangements have been made. You need to know, however, that there are risks inherent to participating in the Tour. These include, by way of example, having to evacuate the Gray Line Equipment in case of emergency, having to move about on the Gray Line Equipment during transit and lack of access to full medical services. For people who are ill or who are mentally or physically disabled or impaired, these risks are more significant. For these reasons, Gray Line requires that if you have any special medical, physical or other requirements, these be brought to the attention of Gray Line immediately upon receipt of this contract. In limited situations where you would be unable to satisfy certain specified safety and other criteria, even when provided with appropriate auxiliary aids and services, Gray Line reserves the right to refuse permission to participate in all or part of the Tour, as appropriate.
10. Governing Law/Venue for Lawsuits/Partial Invalidity: This contract is issued at Seattle, Washington and will be construed in accordance with the laws of the State of Washington. All disputes and matters whatsoever arising under, in connection with or incident to this contract or the Tour shall be litigated, if at all, in and before the United States District Court for the Western District of Washington at Seattle, or, as to those lawsuits as to which the federal courts of the United States lack subject matter jurisdiction, in the courts of King County, State of Washington, U.S.A., to the exclusion of the courts of any other state or country. Any provision of this contract which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and the validity and enforceability of the remaining terms and conditions of this contract will not otherwise be affected, nor will the validity and enforceability of such provision be affected in any other jurisdiction.
GLA CONTRACT OF CARRIAGE 9/17/13