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(361)452-2012

Rockport Tours
Group Tours, Cruises, and Motorcoach Trips from Corpus Christi, Texas
Rockport Tours has helped Texas travelers explore the world since 1992

Terms and Conditions
Effective Date: ___July 17, 2026_________________
IMPORTANT NOTICE
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE MAKING A RESERVATION OR PAYMENT. IT AFFECTS
YOUR LEGAL RIGHTS.
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THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY, AN EXPRESS RELEASE OF CLAIMS ARISING FROM THE
ORDINARY NEGLIGENCE OF ROCKPORT TOURS, INC., AN ASSUMPTION OF RISK, A COVENANT NOT TO SUE,
LIMITATIONS OF LIABILITY, AN INDEMNIFICATION OBLIGATION, A BINDING ARBITRATION AGREEMENT, A
CLASS-ACTION WAIVER, AND A WAIVER OF THE RIGHT TO A JURY TRIAL.
By making a reservation, authorizing or making any payment, electronically accepting these Terms and Conditions, signing a
registration form, accepting travel documents or services, or participating in any Trip, the Traveler acknowledges that the
Traveler has read, understands, and voluntarily agrees to this Agreement.
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ARTICLE 1 - DEFINITIONS, PARTIES, AND ACCEPTANCE
1.1 Rockport Tours
"Rockport Tours" means Rockport Tours, Inc., a Texas corporation, together with its past, present, and future owners,
shareholders, officers, directors, employees, tour leaders, escorts, trip coordinators, agents, representatives, contractors,
affiliates, related entities, insurers, successors, and assigns, except that a third-party Vendor is not included within this
definition merely because Rockport Tours arranged or facilitated the Vendor's services.
1.2 Traveler
"Traveler" means each person for whom a reservation is requested, held, or confirmed, regardless of who makes or pays for
the reservation. It also includes a person accepting this Agreement on behalf of a minor or another Traveler when legally
authorized.
1.3 Trip
"Trip" means any tour, cruise, package, excursion, day trip, overnight trip, charter, transportation arrangement, hotel stay,
event, attraction, activity, or other travel-related service arranged, sold, facilitated, accompanied, or promoted by Rockport
Tours.
1.4 Vendor
"Vendor" means any independent third party providing or potentially providing any portion of a Trip, including airlines;
airports; cruise lines; shipowners; vessel and port operators; railroads; motorcoach, shuttle, taxi, rideshare, and transfer
companies; hotels and lodging operators; restaurants and caterers; tour and receptive operators; destination-management
companies; local guides; excursion and activity operators; boat, ferry, helicopter, and seaplane operators; museums,
theaters, parks, historic sites, and event venues; medical and evacuation providers; insurers and claims administrators;
government, immigration, customs, security, and public authorities; and all other independent travel suppliers.
1.5 Agreement
"Agreement" means these Terms and Conditions and Traveler Agreement, together with the applicable Trip description,
invoice, confirmation, supplemental terms, registration materials, and written amendments issued by Rockport Tours. A
specific written Trip term controls over a conflicting general provision only to the extent of the conflict.
1.6 Acceptance
The Traveler accepts this Agreement upon the earliest of: electronic acceptance; signing a registration, authorization,
acknowledgment, or waiver; making or authorizing a payment; permitting another person to book or pay on the Traveler's
behalf; accepting travel documents or services; or participating in any portion of a Trip.
1.7 Person Booking for Others
A person booking or paying for another Traveler represents that the person is authorized to provide that Traveler's
information, will provide this Agreement to the Traveler, and will notify Rockport Tours if the Traveler refuses to accept it. No
adult may waive another competent adult's independent legal rights merely by booking or paying for that adult.
1.8 Independent Decision
Participation is voluntary. The Traveler independently decides whether to participate in each itinerary component,
transportation service, accommodation, excursion, meal, attraction, or activity. Information or recommendations provided by
Rockport Tours are not guarantees of safety, suitability, quality, accessibility, availability, or performance.
ARTICLE 2 - RESERVATIONS AND PAYMENTS
2.1 Advance Reservations
All Trips require advance reservations, accepted on a first-come, first-served basis and subject to availability, payment,
eligibility, Vendor confirmation, and Rockport Tours' lawful right to refuse service.
2.2 Deposits
Unless payment is made online by credit card or different written terms apply, the required deposit must be received within
seven calendar days after reservation. Failure to pay may result in cancellation without further notice. A reservation is not
guaranteed until required payment and acceptance are received.
2.3 Confirmation
After receiving a deposit, Rockport Tours will ordinarily issue a receipt, invoice, or confirmation stating the amount received,
remaining balance, and final-payment deadline. The Traveler must review it promptly and report errors.
2.4 Final Payment
Final payment is due by the date stated in the Trip materials, invoice, or confirmation. If none is stated, final payment is due
30 calendar days before departure. Failure to pay may result in cancellation and applicable charges.
2.5 Late Reservations
Reservations made after the final-payment deadline require full payment at booking unless Rockport Tours agrees otherwise
in writing.
2.6 Prices
Prices are based on rates, taxes, exchange rates, fuel costs, government charges, Vendor charges, and participation levels
in effect when priced. Rockport Tours may correct clerical or publishing errors and, before final payment, adjust prices for
surcharges, taxes, currency fluctuations, Vendor changes, reduced group size, revised itinerary requirements, or material
pricing errors. After final payment, Rockport Tours may pass through newly imposed taxes, government fees, security
charges, port fees, fuel surcharges, or Vendor charges not reasonably known when priced.
2.7 Payment Methods
Rockport Tours may accept credit cards, debit cards, checks, money orders, electronic transfers, or other approved methods.
Checks should be payable to Rockport Tours, Inc., unless otherwise instructed.
2.8 Card Authorization
By providing card information, the cardholder authorizes Rockport Tours and applicable processors or Vendors to charge
approved deposits, balances, disclosed processing charges, and authorized Trip-related purchases, and represents
authorization to use the card.
2.9 Processing Charges
Disclosed credit-card or platform processing charges may apply where permitted by law and may be nonrefundable to the
extent not recovered from the processor.
2.10 Returned Payments
A returned check or rejected payment is subject to a $35 administrative charge, plus bank charges, collection costs, Vendor
penalties, and other lawful amounts. Rockport Tours may cancel the reservation if replacement payment is not made
promptly.
2.11 Chargebacks
The Traveler agrees to contact Rockport Tours and attempt good-faith resolution before initiating a chargeback, except when
immediate action is reasonably necessary to address unauthorized use. A chargeback does not eliminate contractual
payment obligations, cancellation charges, or Vendor penalties. Rockport Tours may provide acceptance, invoice,
confirmation, and travel records to the investigating institution.
ARTICLE 3 - CANCELLATIONS, CHANGES, AND REFUNDS
3.1 Administrative Cancellation Charges
Unless different written Trip terms apply, the following charge applies per Traveler, in addition to nonrefundable deposits,
Vendor penalties, insurance premiums, ticket costs, processing charges, and other unrecoverable amounts:
• Trips over $4,000: $200
• Trips from $2,000 through $3,999.99: $100
• Trips from $500 through $1,999.99: $50
• Trips from $100 through $499.99: $20
• Trips under $100: $10
3.2 Written Cancellation
All cancellations must be submitted in writing by an accepted method. The effective date is the date Rockport Tours receives
the written cancellation. The Traveler should retain confirmation of receipt.
3.3 Before Final Payment
Refunds for cancellations before final payment are reduced by the administrative cancellation charge, nonrefundable
deposits, Vendor penalties, issued-ticket costs, insurance premiums, unrecovered payment-processing costs, and other
amounts already committed or paid for the Traveler.
3.4 After Final Payment
No refund is due after the final-payment deadline unless written Trip terms provide otherwise, Rockport Tours recovers funds
from Vendors, or law requires a refund. Any voluntary Vendor recovery may be passed through less charges and
unrecovered costs.
3.5 No-Show, Late Arrival, or Unused Services
No refund is due when a Traveler fails to appear, arrives after departure, leaves voluntarily, is denied transportation or entry,
or does not use an included service. Rockport Tours need not delay the group or arrange replacement services. Alternate
costs are the Traveler's responsibility.
3.6 Reservation Changes
A $25 per-person administrative charge applies to requested changes involving a name, departure city, date, room
assignment, or similar detail, plus all Vendor charges and fare differences. Some tickets and reservations cannot be
changed.
3.7 Substitutions
Traveler substitutions require Rockport Tours' written approval and Vendor permission. All change fees, fare differences,
penalties, and document requirements apply.
3.8 Roommates
Rockport Tours may assist with roommate matching as a courtesy but does not guarantee compatibility, conduct, health,
sleep habits, hygiene, personality, or continued participation. If a roommate becomes unavailable, the remaining Traveler
may owe the single supplement.
3.9 Cancellation by Rockport Tours
Rockport Tours may cancel a Trip because of insufficient participation, Vendor cancellation, safety concerns, operational
problems, force majeure, or other circumstances. If canceled before departure for reasons within Rockport Tours' reasonable
control, the ordinary exclusive remedy is a refund of amounts paid to Rockport Tours for the canceled Trip, less
Vendor-retained amounts where lawful. Rockport Tours is not responsible for independently purchased travel, lodging,
insurance, missed work, pet care, or other consequential expenses.
3.10 Minimum Participation
Rockport Tours may cancel, reprice, modify, combine, or operate a Trip with altered transportation, staffing, lodging, or
services if minimum participation is not reached.
ARTICLE 4 - FUNDS ON ACCOUNT AND CREDITS
4.1 Validity
Funds on account, including cancellation or rescheduling credits, expire three years after issuance unless law or written
terms require otherwise. Unused funds are forfeited after expiration.
4.2 Nontransferability
Credits are nontransferable and may be used only for the original Traveler unless Rockport Tours approves a transfer in
writing.
4.3 Discretionary Transfers
Rockport Tours may permit a written transfer request if the credit is unexpired, Vendors permit it, and all charges and fare
differences are paid. Approval in one case does not require approval in another.
4.4 No Cash Value
Unless stated otherwise in writing or required by law, credits have no cash value and cannot be redeemed for cash.
4.5 Vendor Credits
Vendor credits remain subject to the Vendor's terms, expiration dates, restrictions, availability, and ability to honor them.
Rockport Tours does not guarantee Vendor credits.
ARTICLE 5 - TRAVEL INSURANCE
5.1 Recommendation
Rockport Tours strongly recommends prompt purchase of travel insurance addressing cancellation, interruption, delay,
missed connections, emergency medical treatment, evacuation, repatriation of remains, baggage loss or delay, supplier
default where available, quarantine, and other relevant risks.
5.2 Traveler's Decision
The Traveler is responsible for deciding whether to buy insurance and whether coverage is adequate. Rockport Tours does
not guarantee coverage for any event, condition, loss, Vendor default, pandemic, or claim.
5.3 Independent Insurers
Insurance companies, brokers, administrators, and claims handlers are independent third parties, not agents, employees, or
insurers of Rockport Tours. Coverage is governed solely by the policy.
5.4 Premiums and Claims
Premiums are generally nonrefundable subject to policy terms and law. The Traveler must timely submit claims and
supporting documents. Rockport Tours may provide reasonable records but does not prepare, file, prosecute, appeal, or
guarantee claims.
5.5 Declining Coverage
A Traveler who declines insurance accepts the financial risk of cancellation, interruption, delay, illness, injury, evacuation,
baggage loss, Vendor default, and other uninsured losses.
ARTICLE 6 - ITINERARIES, SCHEDULES, AND CHANGES
6.1 Subject to Change
Routes, schedules, hotels, restaurants, attractions, guides, transportation modes, performances, ports, and departure times
are subject to change. Published itineraries are plans, not guarantees.
6.2 Vendor or Authority Changes
Vendors and authorities may change, delay, substitute, or cancel services without Rockport Tours' approval, including airline
schedule changes, cruise-port substitutions, rail delays, road closures, hotel or attraction changes, security restrictions,
government orders, mechanical disruptions, and weather changes.
6.3 Substitutions
Rockport Tours may make reasonable substitutions. A substituted hotel, restaurant, attraction, route, guide, or activity need
not be identical to the original.
6.4 Group Travel
Group travel requires punctuality, cooperation, flexibility, and consideration of the group. Rockport Tours may proceed
without a Traveler who fails to report at the stated time and place.
6.5 Tour Leaders
A tour leader may be provided when available and appropriate but is not a physician, nurse, emergency responder, personal
caregiver, mobility assistant, security officer, or guarantor of Vendor performance. Rockport Tours may substitute a leader or
operate without one when reasonably necessary.
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ARTICLE 7 - INCLUDED AND EXCLUDED ITEMS
7.1 Included
Unless the Trip description states otherwise, included items are transportation and accommodations specifically identified,
hotel taxes, gratuities for included group meals, customary hotel-housekeeping gratuities when arranged, and a tour leader
when available and appropriate. Only expressly listed items are included.
7.2 Not Included
Unless specifically included, the Traveler is responsible for baggage charges, seat-selection charges, passports, visas,
vaccinations, medical testing, insurance, room service, minibar, telephone and internet, laundry, personal purchases,
incidentals, unspecified meals, optional excursions, unspecified transportation, tour-leader and driver gratuities, medical and
evacuation expenses, and costs caused by delay, cancellation, illness, late arrival, or missed transportation.
7.3 Loyalty Benefits
Reservations may not qualify for frequent-traveler points, status credit, upgrades, or other benefits. Rockport Tours does not
guarantee such credit.
7.4 Tipping
Tour leader and motorcoach driver gratuities are optional but appreciated unless included. A suggested guideline is $4 to $6
per day, per Traveler, for each.
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ARTICLE 8 - DOCUMENTS AND ENTRY REQUIREMENTS
8.1 Sole Responsibility
The Traveler is solely responsible for passports, visas, identification, REAL ID compliance, entry and exit permits,
parental-consent documents, proof of citizenship, vaccination and health records, testing documentation, and all other
Vendor or government requirements.
8.2 Validity and Accuracy
The Traveler must ensure documents are valid, names match tickets, passport validity and blank-page rules are met, and
any criminal-history, custody, nationality, or health-related restrictions are addressed.
8.3 Government Decisions
Authorities have sole discretion concerning admission, departure, inspection, detention, and documentation. Rockport Tours
cannot guarantee entry, exit, or transit.
8.4 Denial of Boarding or Entry
Rockport Tours is not liable for losses resulting from missing, expired, inaccurate, damaged, or inadequate documentation, or
a Vendor or government denial. No refund is due for missed services for these reasons.
8.5 Information Is General
Any information supplied by Rockport Tours is a courtesy, not legal, medical, immigration, or consular advice. The Traveler
must verify current requirements.
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ARTICLE 9 - HEALTH, MEDICAL CONDITIONS, AND EMERGENCIES
9.1 Fitness to Travel
The Traveler is responsible, with appropriate medical advice, for determining fitness to participate. Rockport Tours does not
certify fitness.
9.2 Advance Disclosure
Before booking, the Traveler should disclose in writing any disability, allergy, cognitive limitation, behavioral condition,
mobility issue, oxygen need, dietary restriction, or other circumstance requiring accommodation or advance planning.
Disclosure does not require Rockport Tours to provide medical or personal care.
9.3 Medications and Supplies
The Traveler is solely responsible for carrying, documenting, storing, and administering medications and for mobility aids,
batteries, oxygen, and backup supplies. Essential items should not be placed solely in checked baggage.
9.4 No Medical Personnel
Rockport Tours personnel are not represented as medically trained, including in CPR or first aid. Rockport Tours makes no
representation concerning Vendor medical capabilities.
9.5 No Personal-Care Duty
Rockport Tours does not provide nursing, medication management, toileting, bathing, dressing, feeding, lifting, transferring,
continuous supervision, dementia care, behavioral-health care, wheelchair pushing, oxygen management, or other attendant
services. A Traveler needing such assistance must bring a qualified companion at the Traveler's expense.
9.6 Emergency Assistance
Rockport Tours may contact emergency services, medical providers, law enforcement, emergency contacts, or others when
reasonably appropriate. If the Traveler cannot instruct, the Traveler authorizes reasonable steps to facilitate evaluation,
treatment, transportation, or evacuation. This does not create a duty to diagnose, treat, monitor, rescue, or evacuate.
9.7 Medical Costs
The Traveler is solely responsible for medical, ambulance, evacuation, repatriation, lodging, transportation, communication,
companion, and related costs. Rockport Tours need not advance or guarantee payment.
9.8 Communicable Disease
Travel may expose the Traveler to influenza, COVID-19, norovirus, respiratory illness, foodborne illness, and other diseases.
The Traveler assumes these risks and agrees to follow lawful health requirements.
9.9 Removal for Health or Safety
Rockport Tours may deny participation, require evaluation, or remove a Traveler whose condition reasonably creates a direct
threat, prevents essential participation, requires unavailable care, materially disrupts the Trip, or violates a Vendor or
government requirement. Reasonable accommodations will be considered where required, but Rockport Tours need not
make a fundamental alteration or provide personal services.
ARTICLE 10 - ACCESSIBILITY AND SPECIAL NEEDS
10.1 Mobility Expectations
Unless otherwise stated, Travelers should expect short walks, uneven surfaces, vehicle boarding, and a limited number of
steps independently or with their own companion. Some destinations and historic or foreign facilities may not meet U.S.
accessibility standards.
10.2 Advance Notice
The Traveler must notify Rockport Tours in writing before booking of limitations or requested accommodations. Late notice
may prevent arrangements.
10.3 Reasonable Efforts
Rockport Tours will make reasonable efforts to communicate requests and provide legally required accommodations but
cannot guarantee that every Vendor, destination, room, vehicle, attraction, or activity will be accessible.
10.4 Mobility Devices
The Traveler must provide accurate dimensions, weight, battery type, and handling needs for wheelchairs, scooters, and
other devices. Capacity and Vendor restrictions may limit use. The Traveler is responsible for damage resulting from
inadequate packaging, prohibited batteries, inaccurate information, or inherent fragility, except to the extent caused by
Rockport Tours' legally actionable conduct.
10.5 Companion
A Traveler unable to independently perform essential personal or mobility functions must travel with a capable companion.
Rockport Tours personnel are not attendants.
ARTICLE 11 - MINORS AND GUARDIANSHIP
11.1 Accompaniment
A Traveler under 18 must be accompanied by a parent or legal guardian unless Rockport Tours approves another
arrangement in writing.
11.2 Nonparent Adult
A minor traveling with a nonparent adult must provide required notarized authorization, medical consent, custody, and border
documents.
11.3 Guardian Authority
The accepting parent or guardian represents authority to enroll the minor, make travel decisions, authorize emergency
assistance, provide information, and enter agreements concerning the minor to the extent permitted by law.
11.4 Supervision and Costs
The responsible adult is accountable for the minor's supervision, conduct, damage, and additional expenses.
ARTICLE 12 - CONDUCT, SAFETY, AND REMOVAL
12.1 General Conduct
Travelers must act lawfully and must not endanger, harass, threaten, abuse, intimidate, or materially interfere with Travelers,
personnel, Vendors, or the public. Reasonable safety, timing, boarding, health, and conduct instructions must be followed.
12.2 Refusal or Removal
To the extent permitted by law, Rockport Tours may deny boarding, relocate, separate, or remove a Traveler whose conduct
or condition is dangerous, illegal, threatening, abusive, harassing, discriminatory, sexually inappropriate, belligerent,
materially disruptive, destructive, chronically late, noncompliant, or otherwise incompatible with health, safety, rights, or
reasonable comfort.
12.3 Hygiene
Travelers must maintain reasonable hygiene. Where lawful, Rockport Tours may act when odor, hygiene, clothing condition,
bodily-fluid issues, infestation, or another condition creates a material health or safety concern or severe, objectively
offensive disruption. Reasonable accommodations will be considered where required.
12.4 Intoxication
A Traveler who appears intoxicated and becomes belligerent, disruptive, unsafe, or materially interferes with the Trip may be
denied boarding or removed.
12.5 Law Enforcement
Rockport Tours may contact law enforcement, security, emergency services, a Vendor, or an emergency contact. For
motorcoach removal, law enforcement may be asked to facilitate safe transfer of responsibility.
12.6 Consequences
A Traveler denied service or removed for conduct or noncompliance receives no refund or credit for unused services, bears
alternate travel and lodging costs, remains responsible for damage, and releases Rockport Tours from claims arising solely
from a reasonable removal decision and foreseeable consequences, except where liability cannot legally be waived.
12.7 Smoking, Vaping, and Alcohol
Smoking, vaping, and alcohol consumption are prohibited aboard Rockport Tours motorcoaches unless expressly stated
otherwise. Violators may be removed without refund. Lawful alcohol consumption elsewhere does not excuse intoxication or
disruption.
12.8 Property Damage
The Traveler is responsible for damage to vehicles, rooms, equipment, venues, or other property caused by the Traveler or a
supervised minor beyond ordinary wear.
ARTICLE 13 - WEAPONS POLICY
13.1 Prohibited Weapons
To the fullest extent permitted by law and property rules, firearms, ammunition, knives carried or intended as weapons,
explosives, and other weapons are prohibited on motorcoaches arranged or operated for Rockport Tours and during group
activities controlled by Rockport Tours, regardless of carry authorization, except where law prohibits enforcement.
13.2 Other Rules
Vendors may impose separate or stricter rules. The Traveler is responsible for compliance.
13.3 Violation
A violator may be denied boarding or removed at the Traveler's expense without refund, and security or law enforcement may
be contacted.
ARTICLE 14 - PARKING AND PICKUP LOCATIONS
14.1 Third-Party Property
Pickup locations may be owned by third parties. Rockport Tours ordinarily does not own, operate, patrol, secure, or manage
them and is not a party to separate parking arrangements.
14.2 No Guarantee
Rockport Tours makes no guarantee concerning availability, lighting, security, surveillance, towing, surface conditions,
weather exposure, or safety.
14.3 Assumption of Parking Risk
A Traveler leaving a vehicle or property accepts risks of theft, vandalism, collision, weather damage, towing, personal injury,
and other loss, and should remove valuables, lock the vehicle, and follow posted rules.
14.4 Parking Release
To the fullest extent permitted by law, the Traveler releases Rockport Tours from claims concerning parking availability,
vehicle condition, theft, towing, vandalism, or incidents on third-party property, including ordinary negligence in
communicating or recommending a pickup location, except where liability cannot be waived.
ARTICLE 15 - BAGGAGE, PROPERTY, AND LOST ITEMS
15.1 Responsibility
The Traveler is responsible for identifying, handling, securing, and safeguarding baggage, devices, medications,
identification, money, electronics, jewelry, and other property.
15.2 Vendor Rules
Baggage is subject to Vendor size, weight, content, and liability limits. The Traveler pays excess and specialty charges.
15.3 Valuables
Passports, medications, money, keys, jewelry, electronics, and essential items should remain with the Traveler and not in
checked luggage or unattended compartments.
15.4 Lost and Found
Rockport Tours is not responsible for property left on vehicles or at locations. Recovered items are ordinarily held 14 days.
The Traveler pays packing, insurance, shipping, and handling. Unclaimed items may be discarded or donated.
ARTICLE 16 - PHOTOGRAPHS, VIDEO, AND PUBLICITY
16.1 Photography
Rockport Tours may take or receive photographs, video, or audio during Trips for documentation, communication, archival,
social-media, advertising, and promotional use.
16.2 Permission
The Traveler grants a nonexclusive, worldwide, royalty-free right to use the Traveler's incidental likeness, image, and voice in
Trip recordings without compensation.
16.3 Opt-Out
A Traveler who does not wish to be intentionally photographed or featured must notify Rockport Tours in writing before
departure and remind the tour leader. Reasonable efforts will be made, but exclusion from incidental crowd or background
images cannot be guaranteed.
16.4 Traveler Photography
Travelers must respect privacy, security, intellectual-property, and Vendor rules. Rockport Tours is not responsible for
images posted by others.
ARTICLE 17 - INDEPENDENT VENDORS AND LIMITED ROLE
ALL VENDORS ARE INDEPENDENT CONTRACTORS. EXCEPT TO THE EXTENT A SPECIFIC WRITTEN
AGREEMENT EXPRESSLY PROVIDES OTHERWISE, VENDORS ARE NOT EMPLOYEES, AGENTS, PARTNERS,
JOINT VENTURERS, AFFILIATES, OR REPRESENTATIVES OF ROCKPORT TOURS. ROCKPORT TOURS DOES
NOT OWN, OPERATE, MANAGE, EMPLOY, SUPERVISE, OR CONTROL THE DAY-TO-DAY OPERATIONS OF
VENDORS.
17.1 Intermediary Role
Rockport Tours arranges, coordinates, packages, facilitates, or resells services furnished by Vendors. Selecting Vendors,
negotiating group arrangements, collecting payment, communicating instructions, accompanying a group, or assisting
Travelers does not make Rockport Tours the operator or guarantor of a Vendor's service.
17.2 No Operational Control
Rockport Tours does not control Vendor equipment, hiring, training, scheduling, maintenance, security, staffing, premises,
kitchens, excursion operations, guide conduct, medical services, government actions, or independent judgment.
17.3 No Warranty
Rockport Tours makes no express or implied warranty regarding Vendor safety, financial condition, solvency, licensing,
insurance, qualifications, accessibility, suitability, quality, equipment, security, compliance, or performance. Descriptions,
ratings, photographs, and recommendations may come from Vendors or third parties.
17.4 No Continuing Duty to Inspect
Except for nonwaivable legal duties, Rockport Tours has no continuing duty to physically inspect, audit, test, certify, or
monitor every Vendor, vehicle, vessel, aircraft, hotel, restaurant, attraction, excursion, guide, employee, license, insurance
policy, safety procedure, or financial condition. Rockport Tours may rely on Vendor representations, licensing, reputation,
prior experience, public records, and reasonably available information.
17.5 Vendor Conduct
Rockport Tours is not liable for a Vendor's acts, omissions, negligence, gross negligence, intentional or criminal conduct,
breach, misrepresentation, insolvency, bankruptcy, delay, cancellation, overbooking, service failure, or other conduct, except
to the extent nonwaivable law imposes direct liability on Rockport Tours for its own conduct.
17.6 Claims Against Vendors
Claims caused by Vendor services or conduct should be directed to the responsible Vendor and are subject to Vendor
tickets, tariffs, liability limits, forum clauses, arbitration clauses, notice requirements, and deadlines. This Agreement does not
expand Vendor liability or waive Vendor defenses.
17.7 Assistance Is Not Assumption
Rockport Tours' assistance with communication, documentation, complaints, refunds, credits, insurance, or emergencies is
not an admission, assumption of Vendor duties, guarantee of recovery, waiver, or agency relationship.
17.8 Vendor-Selection Allegations
To the fullest extent permitted by law, this Agreement's releases and limitations include claims framed as negligent selection,
referral, recommendation, retention, monitoring, supervision, inspection, or failure to warn concerning a Vendor or Vendor
service.
ARTICLE 18 - ASSUMPTION OF TRAVEL RISKS
18.1 Acknowledgment
Travel involves unavoidable and unpredictable risks occurring before departure, during transportation, at destinations, during
free time or activities, and during return travel.
18.2 Risks Assumed
To the fullest extent permitted by law, the Traveler knowingly and voluntarily assumes ordinary and inherent risks including
transportation accidents; turbulence; rough seas; derailment; collision; mechanical or equipment failure; slips, trips, falls,
stairs, curbs, docks, gangways, ramps, uneven or wet surfaces, cobblestones, trails, and poor lighting; altitude; heat, cold,
sun, storms, floods, ice, snow, hurricanes, wildfire, and severe weather; disease, infection, foodborne illness, allergy, and
communicable disease; delayed, unavailable, inadequate, or unfamiliar medical care; crime, theft, assault, fraud, kidnapping,
harassment, civil disorder, terrorism, war, sabotage, political unrest, strikes, demonstrations, and government action; wildlife,
animals, insects, marine life, plants, bites, stings, and environmental hazards; water activities, drowning, currents, and
waves; hiking, boating, swimming, rafting, ziplining, horseback riding, aerial sightseeing, and other activities; baggage loss or
delay; transportation or service delays, cancellations, substitutions, and missed connections; closed attractions; substituted
ports, hotels, meals, guides, or transportation; passport, customs, health, immigration, and documentation complications;
conduct of other Travelers, the public, Vendors, and authorities; separation from the group; language barriers; unfamiliar laws
and customs; emotional distress, disappointment, loss of enjoyment, and inconvenience; and resulting injury, disability,
illness, death, property damage, or financial loss.
18.3 Free Time
Activities and arrangements during free time or outside the stated itinerary are undertaken at the Traveler's sole discretion
and risk. Rockport Tours is not responsible for independently chosen transportation, restaurants, activities, excursions,
purchases, or arrangements.
18.4 Voluntary Participation
The Traveler participates voluntarily knowing not every risk can be identified, predicted, controlled, or eliminated.
ARTICLE 19 - RELEASE, WAIVER, AND COVENANT NOT TO SUE
EXPRESS NEGLIGENCE NOTICE: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE
TRAVELER KNOWINGLY, VOLUNTARILY, EXPRESSLY, AND UNCONDITIONALLY RELEASES, WAIVES, AND
DISCHARGES ROCKPORT TOURS FROM CLAIMS ARISING FROM OR RELATING TO THE ORDINARY
NEGLIGENCE OF ROCKPORT TOURS, INCLUDING ORDINARY NEGLIGENT ACTS OR OMISSIONS BY
ROCKPORT TOURS' OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, TOUR LEADERS, ESCORTS, AGENTS,
AND REPRESENTATIVES. THIS EXPRESS RELEASE INCLUDES CLAIMS ALLEGING NEGLIGENT SELECTION,
RECOMMENDATION, REFERRAL, RETENTION, COORDINATION, SCHEDULING, COMMUNICATION,
MONITORING, SUPERVISION, INSPECTION, WARNING, OR FAILURE TO WARN CONCERNING A VENDOR,
PICKUP LOCATION, ITINERARY COMPONENT, OR TRAVEL-RELATED RISK.
19.1 Scope
Subject to the exclusions below, the Traveler releases Rockport Tours from all claims, demands, causes of action, liabilities,
damages, losses, judgments, costs, and expenses, known or unknown, anticipated or unanticipated, foreseen or unforeseen,
arising from participation or inability to participate; assumed risks; Vendor conduct; changes, delays, cancellations,
substitutions, or interruptions; injury, illness, disease, emotional distress, disability, death, or property loss; parking incidents;
baggage loss; reasonable emergency response or removal; Rockport Tours' expressly released ordinary negligence; and
claims otherwise covered by the Vendor, risk, or limitation provisions.
19.2 Types of Claims
The release is intended to include, to the fullest extent permitted, personal-injury claims, survival claims, derivative claims,
loss-of-consortium claims, emotional-distress claims, property and economic-loss claims, medical and evacuation expense,
ordinary-negligence claims, negligent-selection or failure-to-warn claims, claims for consequential, exemplary, or punitive
damages, and claims asserted through or on behalf of the Traveler.
19.3 Covenant Not to Sue
To the fullest extent permitted by law, the Traveler covenants not to initiate, join, maintain, finance, assist, or voluntarily
participate as a claimant in an action against Rockport Tours concerning a released claim. This does not prohibit cooperation
with government investigations, compliance with compulsory process, temporary relief to preserve the status quo pending
arbitration, or claims that law expressly prohibits the Traveler from waiving.
19.4 Persons Bound
This Agreement binds the Traveler and the Traveler's estate, executor, administrator, personal representative, guardian,
conservator, successor, assign, and any person asserting a claim through or on behalf of the Traveler, to the fullest extent
permitted. No provision suggests that one person may extinguish a legally independent claim belonging to a nonsigning
person when law does not permit it.
19.5 Claims Not Released
The release does not apply to liability law expressly prohibits from being released, Rockport Tours' intentional misconduct or
fraud, nonwaivable statutory remedies, or other claims that cannot lawfully be released in advance. No reference to gross
negligence waives a claim if prospective waiver is prohibited or unenforceable.
19.6 Maximum Lawful Effect
If a release is unenforceable as to a particular claim, person, jurisdiction, or theory, it remains enforceable to the maximum
permitted extent without invalidating the remainder.
ARTICLE 20 - INDEMNIFICATION
20.1 Traveler-Caused Claims
To the fullest extent permitted, the Traveler agrees to indemnify and hold Rockport Tours harmless from third-party claims,
liabilities, damages, fines, penalties, costs, and reasonable attorneys' fees arising from the Traveler's unlawful, intentional,
reckless, or negligent conduct; property damage or injury caused by the Traveler; violation of this Agreement, Vendor rules,
or law; inaccurate information; prohibited items; or conduct of a supervised minor.
20.2 Claims Through the Traveler
To the fullest extent permitted, the Traveler indemnifies Rockport Tours against a released claim asserted through the
Traveler or based on rights validly waived. This does not require indemnification for a nonsigning person's independent,
nonwaivable claim.
20.3 Defense
Rockport Tours will provide reasonable notice. The Traveler may participate with counsel at the Traveler's expense, but
Rockport Tours may control the defense and settlement when its interests are affected. Rockport Tours will not agree to a
settlement requiring the Traveler's personal admission without consent, not unreasonably withheld.
20.4 Prohibited Transfer
Nothing requires indemnification where law prohibits transfer of liability.
ARTICLE 21 - LIMITATION OF LIABILITY AND DAMAGES
21.1 Excluded Damages
To the fullest extent permitted, Rockport Tours is not liable for indirect, incidental, special, consequential, exemplary, or
punitive damages, including loss of enjoyment, emotional disappointment, lost wages or profits, lost opportunity, loyalty
points, independently purchased travel, pet care, missed events, replacement-trip costs, or collateral losses, except where
exclusion is prohibited.
21.2 Maximum Contractual Liability
For a claim not otherwise released or excluded, and except where prohibited, Rockport Tours' aggregate contractual liability
shall not exceed the amount the Traveler actually paid directly to Rockport Tours for the affected Trip, excluding amounts
passed through to or retained by Vendors. This does not apply to intentional misconduct, fraud, or other non-limitable
categories.
21.3 Vendor Recovery
Rockport Tours need not pay a refund, damage award, or credit based on an amount a Vendor has not returned, except
where Rockport Tours has an independent nonwaivable obligation.
21.4 Exclusive Remedies
The remedies stated are the Traveler's exclusive contractual remedies to the fullest extent permitted.
ARTICLE 22 - FORCE MAJEURE
22.1 Events Beyond Control
Rockport Tours is not liable for failure, delay, interruption, modification, or cancellation caused by events beyond reasonable
control, including acts of God; severe weather; epidemic, pandemic, quarantine, or health emergency; war, terrorism,
sabotage, unrest, riot, or political instability; strikes or shortages; fuel shortages; mechanical failures; transportation
disruptions; road, port, airport, attraction, or border closures; government orders; public-authority acts; utility or
communication failures; Vendor insolvency or bankruptcy; security incidents; and similar unavoidable events.
22.2 Response
Rockport Tours may cancel, delay, reroute, shorten, extend, or modify a Trip as reasonably necessary.
22.3 Refunds and Added Costs
No refund or compensation is guaranteed. Any refund or credit depends on amounts actually recovered, Vendor terms,
insurance, law, and unrecoverable costs. The Traveler bears additional lodging, meals, transportation, medical, evacuation,
or other costs unless Rockport Tours agrees otherwise in writing.
ARTICLE 23 - COMPLAINTS AND CLAIM NOTICE
23.1 Prompt Notice
The Traveler should promptly report a service concern to the tour leader, Rockport Tours, or the responsible Vendor so there
is an opportunity to address it.
23.2 Written Notice
To the fullest extent permitted, a claimant must give Rockport Tours written notice stating the material facts and requested
resolution within 90 days after the Trip ends or the event occurs, whichever is later. This does not shorten a prohibited period,
and noncompliance bars recovery only to the extent Rockport Tours is materially prejudiced or law permits.
23.3 Vendor Deadlines
Vendor contracts may impose shorter deadlines. The Traveler is responsible for satisfying them.
ARTICLE 24 - BINDING ARBITRATION
IMPORTANT ARBITRATION NOTICE: EXCEPT FOR THE LIMITED MATTERS IDENTIFIED BELOW, THE
TRAVELER AND ROCKPORT TOURS AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING
INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT. ARBITRATION GENERALLY
PROVIDES MORE LIMITED DISCOVERY AND APPELLATE REVIEW THAN COURT.
24.1 Covered Disputes
"Dispute" broadly includes any claim or controversy arising from this Agreement; its formation, acceptance, scope,
interpretation, enforceability, performance, or breach; a reservation, payment, cancellation, refund, credit, or chargeback; a
Trip or proposed Trip; injury, illness, death, or property loss; Vendor issues; advertising or representations; privacy or
communications; statutory, tort, contract, equitable, or other theories; or the parties' relationship.
24.2 Federal Arbitration Act
This arbitration agreement involves interstate and, where applicable, maritime commerce and is governed by the Federal
Arbitration Act, 9 U.S.C. Sections 1-16, rather than state law that would invalidate or materially restrict arbitration. Texas
contract law governs matters not preempted by federal law.
24.3 Informal Resolution
Before arbitration, the claimant must send written notice stating contact information, the Trip, facts and legal basis, requested
relief, and reasonably supporting documents. The parties will attempt good-faith resolution for at least 30 days after receipt.
Temporary relief may be sought when necessary to preserve rights.
24.4 Administrator and Rules
Unless otherwise agreed, arbitration will be administered by the American Arbitration Association under its applicable
Consumer Arbitration Rules. If unavailable, the parties will attempt to agree on a comparable administrator; otherwise, a
court may appoint an arbitrator or administrator consistent with the FAA.
24.5 Individual Proceedings Only
ALL DISPUTES MUST BE ARBITRATED INDIVIDUALLY. The arbitrator may not consolidate different Travelers' claims
without written consent, conduct a class, collective, mass, coordinated, consolidated, or representative proceeding, or award
relief to a nonparty.
24.6 Arbitrator
One neutral arbitrator experienced in commercial or travel disputes will hear the matter and issue a reasoned written
decision.
24.7 Location and Method
Arbitration will take place in Nueces County, Texas, unless the parties agree otherwise, consumer rules require a convenient
location, or the arbitrator directs remote, documents-only, or another fair format.
24.8 Fees
Fees will be allocated under the administrator's consumer rules and law. Rockport Tours will not require fees making
arbitration prohibitively expensive compared with court. Each party ordinarily bears its own attorneys' fees unless a statute,
contract provision, or arbitrator finding authorizes an award.
24.9 Authority
Except where controlling law requires court decision, the arbitrator determines interpretation, applicability, scope, formation,
and enforceability. A court decides a challenge specifically directed to the class-action waiver when required.
24.10 Relief and Judgment
The arbitrator may award any individual remedy a court could award, subject to valid releases and limitations, but may not
award relief to nonparties. Judgment may be entered in any court with jurisdiction.
24.11 Small Claims
Either party may bring an individual claim within small-claims or justice-court jurisdiction if it remains individual and is not
transferred or appealed into broader jurisdiction.
24.12 Government Proceedings
This provision does not prohibit reports to or cooperation with government agencies.
24.13 Severability
If the prohibition on class, collective, mass, coordinated, or representative arbitration is finally unenforceable as to a claim,
that claim proceeds in court rather than class arbitration, while enforceable individual claims remain in arbitration.
ARTICLE 25 - JURY AND CLASS-ACTION WAIVERS
TO THE FULLEST EXTENT PERMITTED BY LAW, IF A DISPUTE PROCEEDS IN COURT RATHER THAN
ARBITRATION, THE TRAVELER AND ROCKPORT TOURS KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT
TO A JURY TRIAL.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TRAVELER MAY ASSERT A CLAIM ONLY IN THE
TRAVELER'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE,
PRIVATE ATTORNEY GENERAL, OR PARTICIPANT IN A CLASS, COLLECTIVE, MASS, CONSOLIDATED, OR
REPRESENTATIVE ACTION.
ARTICLE 26 - GOVERNING LAW, FEDERAL LAW, AND VENUE
26.1 Texas Law
Except where preempted or displaced by controlling federal, maritime, international, or foreign law, this Agreement is
governed by Texas law without conflict principles selecting another law.
26.2 Federal and Maritime Law
Particular services and claims may be governed by federal statutes and regulations, maritime law, treaties, tariffs, or Vendor
terms. Nothing here overrides controlling federal law, waives a nonwaivable federal right, imposes liability prohibited by
federal law, eliminates federal defenses, or enlarges Rockport Tours' role into that of a carrier, vessel owner, shipowner, or
transportation operator when it does not perform that role.
26.3 International Travel
Foreign law, international conventions, and Vendor contracts may govern conduct outside the United States or international
transportation. Texas law applies only to the extent legally permissible.
26.4 Court Venue
Permitted court proceedings, including actions to compel arbitration, confirm or vacate an award, obtain temporary relief, or
litigate a non-arbitrable claim, must be brought in a state court in Nueces County, Texas, or the federal district court having
jurisdiction there. Each party consents to jurisdiction and venue, except where consumer or federal law prohibits exclusivity.
ARTICLE 27 - TIME LIMIT FOR CLAIMS
To the fullest extent permitted, arbitration or court proceedings against Rockport Tours must begin within one year after the
Trip ends or the claim accrues, whichever is later. An untimely claim is barred. If law prohibits one year for a particular claim,
the shortest lawful period applies. Vendors may impose different and shorter periods.
ARTICLE 28 - ELECTRONIC COMMUNICATIONS AND SIGNATURES
28.1 Electronic Transactions
The Traveler consents to electronic agreements, invoices, confirmations, notices, itineraries, changes, and disclosures.
28.2 Electronic Acceptance
Electronic acceptance, typed names, check boxes, digital signatures, payment authorization, and electronic records may
prove assent to the fullest extent permitted.
28.3 Contact Information
The Traveler must provide accurate email, mailing, and telephone information and monitor communications, including spam
folders.
28.4 Delivery
Notice is considered delivered when sent to the latest contact information supplied, subject to mandatory delivery
requirements.
ARTICLE 29 - PRIVACY AND INFORMATION SHARING
29.1 Necessary Information
The Traveler authorizes Rockport Tours to collect, use, store, and transmit information reasonably necessary to arrange and
administer the Trip.
29.2 Sharing
Relevant information may be provided to Vendors, insurers, emergency responders, medical providers, authorities,
processors, and others reasonably involved, including passport information, birth date, contacts, dietary and mobility needs,
accommodation information, and emergency contacts.
29.3 International Transfer
International travel may require transfers to jurisdictions with different privacy protections. The Traveler consents to transfers
reasonably necessary to provide services.
29.4 Security
Rockport Tours will use reasonable measures but cannot guarantee systems are free from unauthorized access, cyberattack,
transmission error, or data loss.
ARTICLE 30 - GENERAL CONTRACT PROVISIONS
30.1 Entire Agreement
This Agreement is the entire agreement concerning its subject matter and supersedes prior or contemporaneous oral
statements and understandings. The Traveler acknowledges no reliance on an oral statement contradicting it.
30.2 Amendments
Rockport Tours may revise terms prospectively. The version accepted at reservation ordinarily governs, except where the
Traveler accepts a later amendment, law requires it, it addresses a new government or Vendor requirement, or it is
reasonably necessary for safety without materially depriving a contractual right. Trips may have supplemental written terms.
30.3 No Oral Modification
No employee, leader, Vendor, companion, or other person may modify this Agreement orally. Modifications must be written
and authorized by Rockport Tours.
30.4 Severability and Reformation
An illegal, invalid, or unenforceable provision will be enforced to the maximum permitted and reformed when possible.
Remaining provisions continue.
30.5 No Waiver
Failure to enforce a provision is not a waiver. A waiver in one instance is not continuing.
30.6 Assignment
The Traveler may not assign rights without written consent. Rockport Tours may assign in a merger, acquisition,
reorganization, asset sale, or transfer of Trip obligations, subject to law.
30.7 Headings and Interpretation
Headings are for convenience. "Including" means without limitation. Singular includes plural as appropriate. This Agreement
is not construed against a party merely because that party drafted it.
30.8 Survival
Payment, credit, Vendor, risk, release, covenant, indemnification, limitation, arbitration, governing-law, venue,
claim-deadline, privacy, and interpretation provisions survive completion, cancellation, termination, incapacity, and death to
the extent permitted.
30.9 Mandatory Rights
Nothing eliminates a right or remedy that law expressly makes nonwaivable. Mandatory law controls only to the minimum
necessary extent.
ARTICLE 31 - FINAL ACKNOWLEDGMENT
BY ACCEPTING THIS AGREEMENT, THE TRAVELER ACKNOWLEDGES THAT THE TRAVELER HAS HAD AN
OPPORTUNITY TO READ IT IN FULL; UNDERSTANDS THAT TRAVEL INVOLVES RISK OF INJURY, ILLNESS,
PROPERTY LOSS, AND DEATH; UNDERSTANDS THAT ROCKPORT TOURS ARRANGES SERVICES PROVIDED
BY INDEPENDENT VENDORS IT DOES NOT OWN, OPERATE, OR CONTROL; VOLUNTARILY ASSUMES THE
DESCRIBED RISKS; EXPRESSLY RELEASES CLAIMS ARISING FROM ROCKPORT TOURS' OWN ORDINARY
NEGLIGENCE TO THE FULLEST EXTENT PERMITTED BY LAW; GIVES UP CERTAIN RIGHTS TO SUE
ROCKPORT TOURS; AGREES THAT MOST DISPUTES MUST BE RESOLVED THROUGH BINDING INDIVIDUAL
ARBITRATION; WAIVES CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE PROCEEDINGS; WAIVES A JURY
TRIAL TO THE FULLEST EXTENT PERMITTED; HAS NOT RELIED ON AN ORAL PROMISE CONTRADICTING
THIS AGREEMENT; AND ACCEPTS THIS AGREEMENT KNOWINGLY AND VOLUNTARILY.
ROCKPORT TOURS CONTACT INFORMATION
Rockport Tours, Inc.
5350 S. Staples Street, Suite 345D
Corpus Christi, Texas 78411
Telephone: 361-452-2012
Email: information@rockporttours.com
Website: www.rockporttours.com
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