1. Responsibilities
As the hosting organization, Active Interest Media Holdco, Inc., the publisher of Fine Gardening and referred to herein as “Fine Gardening”, provides reservation and coordination services. Each third-party service provider (including but not limited to hotels, airlines, ground transportation operators, local guides, and garden venues) is solely responsible to the participant for providing their respective services. Fine Gardening acts as an agent for these third-party providers and not as a principal. Fine Gardening does not select, supervise, or control the manner in which third-party providers render their services.
By making a reservation for a tour hosted by Fine Gardening, the participant certifies that they have disclosed to Fine Gardening any condition that may require accommodation or that may affect their ability to safely participate in tour activities. . Fine Gardening reserves the right in its sole discretion to accept, decline to accept, or remove any participant on a tour at any time for any legitimate, non-discriminatory reason, subject to the provisions of Section 10 of these Terms and Conditions.
2. Physical Fitness & Medical Acknowledgment
Fine Gardening tours involve physical activity including walking on uneven terrain, cobblestones, subway platforms, steps, and outdoor environments in varied weather conditions. By booking this tour, the participant affirmatively represents and warrants that:
• They are in sufficiently good health and physical condition to participate in the tour activities as described in the itinerary;
• They have consulted a physician if they have any medical condition, physical limitation, or disability that could be affected by travel or tour activities;
• They will promptly inform Fine Gardening in writing of any medical condition, allergy, dietary restriction, or mobility limitation that may require accommodation prior to departure;
• They understand that certain tour locations may not be fully accessible to individuals with limited mobility, and that Fine Gardening cannot guarantee accessibility at all sites; however, Fine Gardening will make reasonable efforts to provide accommodations where feasible upon advance request.
Fine Gardening is not responsible for any costs, losses, or damages arising from a participant's failure to disclose a medical condition or physical limitation.
3. Assumption of Risk & Release of Liability
BY BOOKING THIS TOUR, THE PARTICIPANT EXPRESSLY ACKNOWLEDGES AND ASSUMES ALL INHERENT RISKS OF TRAVEL AND TOUR PARTICIPATION, including but not limited to: slips, trips, and falls on uneven or slippery surfaces; exposure to weather and environmental conditions; risks associated with transportation by air, motor coach, rail, boat, or other conveyance; risks of illness, injury, or death; and risks arising from the actions of third parties or unforeseen events.
To the fullest extent permitted by law, the participant, on behalf of themselves and their heirs, assigns, and legal representatives, hereby releases, waives, and discharges Fine Gardening, its officers, directors, employees, agents, and contractors from any and all claims, demands, damages, losses, costs, or expenses arising from or in connection with the participant’s participation in the tour, except to the extent directly caused by the proven gross negligence or willful misconduct of Fine Gardening.
BY BOOKING THIS TOUR, THE PARTICIPANT ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTOOD THIS ASSUMPTION OF RISK AND RELEASE OF LIABILITY, AND VOLUNTARILY AGREE TO ITS TERMS.
4. Limitation of Liability
To the maximum extent permitted by applicable law:
• Fine Gardening’s total cumulative liability to any participant for any claim arising out of or relating to a tour shall not exceed the total amount paid by that participant for the tour from which the claim arises.
• Fine Gardening shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of enjoyment, missed connections, lost business income, emotional distress, or any costs arising from changes to transportation arrangements.
• Fine Gardening has no responsibility or liability for loss of baggage, money, valuables, documents, or other personal property. Participants are advised to carry travel insurance that covers personal property loss.
The liabilities and conditions set forth in this agreement apply regardless of the legal theory upon which any claim is based, whether in contract, tort, strict liability, or otherwise.
5. Third-Party Service Providers
Fine Gardening arranges services provided by independent third-party suppliers including, but not limited to, airlines, hotels, motor coach companies, rail operators, restaurants, museum venues, and local guides (collectively, “Suppliers”). Fine Gardening acts solely as an agent for these Suppliers and does not own, operate, or control their services.
By booking a tour, the participant acknowledges that they are responsible for reviewing and accepting the terms and conditions of major Suppliers, including airlines and hotels, which may contain additional limitations of liability, assumption of risk provisions, and forum selection clauses.
All tickets, vouchers, and bookings are issued subject to the terms and conditions of the respective Suppliers. Any additional liability of Fine Gardening for the acts, omissions, or negligence of Suppliers is expressly excluded to the fullest extent permitted by law. Participants agree to address any service complaints directly with the relevant Supplier in the first instance.
6. Force Majeure & Liability for External Events
Fine Gardening has no responsibility or liability for any loss, damage, injury, delay, or additional expenses caused by events beyond its reasonable control, including but not limited to: weather conditions (rain, wind, fog, extreme heat or cold, snow, or ice); natural disasters; acts of God; civil disturbances; riot; war; terrorism; strikes or labor disputes; government actions; travel advisories or restrictions; pandemics or public health emergencies; illegal acts of third parties; or any other event constituting Force Majeure.
In the event of a Force Majeure situation, Fine Gardening will endeavor to minimize disruption to the tour, but shall not be obligated to provide refunds for any services affected by such events unless otherwise required by applicable law. Any voluntary refund or credit provided by Fine Gardening in the event of Force Majeure shall be at Fine Gardening’ sole discretion and shall not establish any precedent or obligation for future events.
7. Price
Tour prices are based upon exchange rates, tariffs, and taxes in effect at the time of publication. Fluctuations in these rates may result in a price adjustment prior to full payment of the tour price. Fine Gardening will provide written notice, which may be by email to the address provided at booking, of any price adjustment as promptly as reasonably practicable.
Price Protection: Once the tour price is paid in full, no further price adjustment will be made due to changes in exchange rates, tariffs, or taxes.
Significant Price Increases: If a price increase exceeds 8% of the original quoted tour price and occurs prior to the final payment deadline, as specified in the booking confirmation, the participant will have the option to cancel their booking and receive a full refund of all amounts paid, provided written notice of cancellation is received within 14 days of notification of the price increase. Failure to provide written notice of cancellation within such 14-day period shall constitute acceptance of the revised price, and the participant shall have no further right to cancel with a refund based on such price increase.
8. Cancellations by Participant
If you need to withdraw from a tour for any reason, written notice of cancellation must be submitted to Fine Gardening by email to the address provided at the time of booking or by certified mail. Cancellation becomes effective upon confirmed receipt of written notice. The following cancellation schedule applies:
• 12 weeks or more before the tour start date: Full refund of deposit and all payments made.
• Between 12 weeks and the final payment deadline, as specified in the booking confirmation: Deposit is nonrefundable; any additional payments made above the deposit will be refunded.
• On or after the final payment deadline: No refund from Fine Gardening. Participants are strongly encouraged to hold travel insurance to cover this period.
• Mid-tour departure: If a participant must leave the tour after departure for any reason (including illness, personal emergency, or removal under Section 10), no refund will be issued by Fine Gardening for unused services. The participant is solely responsible for all costs associated with their early departure, including alternative transportation and accommodation.
Fine Gardening strongly recommends the purchase of travel insurance with cancellation-for-any-reason coverage to protect against losses within the non-refund period.
9. Tour Cancellations & Changes by Fine Gardening
Cancellation by Us: Fine Gardening aims to operate all tours as booked. We reserve the right to cancel a tour for any legitimate business reason, including but not limited to insufficient enrollment, safety concerns, Supplier unavailability, or operational necessity.. If we cancel your tour for any reason other than your failure to make required payments, you will receive a full refund of all amounts paid to Fine Gardening. Except as expressly provided in this Section 9, Fine Gardening is not responsible for any incidental or consequential costs incurred by participants in preparation for the tour, including non-refundable airfare, visa fees, or other personal expenses. Travel insurance is strongly recommended to cover such costs.
Itinerary Changes: Fine Gardening strives to operate according to the published itinerary. However, in the event of unforeseen circumstances beyond our control, or opportunities that would materially enhance the itinerary, adjustments may be necessary or appropriate. Fine Gardening reserves the right, without penalty, to make changes in the agreed-upon itinerary whenever conditions warrant or when deemed necessary for the comfort, convenience, or safety of participants. In the event of material itinerary changes, Fine Gardening will use commercially reasonable efforts to provide experiences of comparable value and quality. We will notify participants of significant changes as soon as practicable before departure or, if discovered during the tour, will announce changes at the earliest opportunity.
Partial Tour Disruption: If the tour is shortened after departure due to circumstances within our control, Fine Gardening may, in its sole discretion, provide a pro-rated partial refund for the value of material services not provided. Any such refund shall constitute the participant’s sole and exclusive remedy for partial tour disruption. Refunds will not be issued for portions of the tour affected by Force Majeure events as defined in Section 6.
10. Participant Conduct
All participants are expected to conduct themselves in a manner that is respectful of fellow tour participants, Fine Gardening staff, Suppliers, and the communities and venues visited. Fine Gardening reserves the right, in its sole discretion, to remove from the tour any participant whose behavior is determined to be:
• Disruptive, offensive, threatening, or harassing toward other participants, staff, or hosts;
• Dangerous to themselves or others;
• In violation of the laws or regulations of any country, state, or locality visited;
• Incompatible with the orderly conduct and enjoyment of the tour;
• In material breach of any provision of these Terms & Conditions.
A participant removed from the tour under this section will not be entitled to any refund and will be solely responsible for all costs associated with their return home, including transportation and accommodation. Fine Gardening will have no further liability to a removed participant.
11. Smoking & Vaping Policy
All participants agree to comply with a strict non-smoking and non-vaping policy on all motor coaches, in restaurants (unless otherwise permitted by the establishment), in all lodging facilities (unless in designated outdoor areas), and at all venues. Violation of this policy may result in removal from the tour in accordance with Section 10.
12. Travel Documents, Passports & Visas
Each participant is solely responsible for obtaining and maintaining all required travel documentation, including but not limited to:
• A valid passport with at least six months of validity remaining beyond the tour end date;
• All required entry visas, travel authorizations (e.g., ETIAS, ETA), or permits for all countries on the itinerary;
• Any required vaccinations, health certificates, or medical documentation;
• Any other documentation required by the laws or regulations of destination countries.
Fine Gardening is not responsible for any costs, losses, or damages arising from a participant’s failure to obtain or maintain the required travel documentation. No refund will be issued if a participant is denied boarding, entry, or travel due to inadequate documentation. Participants are responsible for verifying document requirements with the relevant embassies, consulates, or official government sources. Any information regarding visa, passport, or entry requirements provided by Fine Gardening is for general convenience only, may not be current or complete, and does not constitute legal advice. Participants should not rely solely on information provided by Fine Gardening and must independently verify travel requirements.
13. Travel Insurance
Travel insurance is strongly recommended and , for certain tours as specified in the booking confirmation, is required as a condition of participation. At minimum, participants should obtain coverage for:
• Trip cancellation and interruption;
• Emergency medical expenses and hospitalization;
• Medical evacuation and repatriation;
• Loss, theft, or damage to baggage and personal effects;
• Travel delay and missed connections.
Recommended search platforms include Squaremouth (squaremouth.com) and Insure My Trip (insuremytrip.com). World Nomads (worldnomads.com) is a commonly economical option for participants under 70. Fine Gardening does not endorse any specific insurer and recommends that participants review policy terms carefully. Fine Gardening makes no representations regarding the adequacy, suitability, or coverage terms of any insurance policy, and participants are solely responsible for selecting appropriate coverage.
Insurance Declination: If a participant chooses to travel without insurance, where insurance is not required as a condition of participation, they do so entirely at their own risk and acknowledge that Fine Gardening will have no financial obligation beyond the refund terms stated in Section 8 above.
14. Complaints
In the unlikely event that you have a complaint, you must promptly notify the Fine Gardening host so that remedial action may be taken on the spot. Failure to notify the Fine Gardening host of a complaint during the tour may limit or waive the participant’s right to pursue certain claims if the matter could have been remedied on-site.
If the matter cannot be resolved directly during the tour, any formal complaints must be submitted in writing to Fine Gardening within 20 days of your return date. Written complaints should be sent via email to the contact address provided at booking, or by certified mail to our principal business address. Complaints submitted after the 20-day period will not be considered, except to the extent such limitation is prohibited by applicable law. Fine Gardening will acknowledge receipt of all written complaints within 10 business days.
15. Dispute Resolution
Informal Resolution: Before initiating any formal legal proceeding, both parties agree to attempt to resolve any dispute in good faith through direct negotiation for a period of 30 days following written notice of the dispute.
Mediation: If informal resolution is unsuccessful, the parties agree to submit the dispute to non-binding mediation administered by a mutually agreed-upon mediator before initiating litigation. The cost of mediation shall be shared equally by the parties.
Class Action Waiver: To the fullest extent permitted by law, each party waives the right to participate in a class action lawsuit or class-wide arbitration. All claims must be brought on an individual basis only.
16. Governing Law & Jurisdiction
These Terms & Conditions and any dispute arising out of or in connection with a tour booking shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. If you are booking from outside the United States, you agree that U.S. law governs and that any proceedings will take place in the United States.
The participant acknowledges that they have had the opportunity to consult with legal counsel regarding these Terms and Conditions and the selection of governing law, and voluntarily agrees to the foregoing provisions.
17. Photography & Media Release
Fine Gardening will photograph and video-record tour activities and events for editorial, promotional, marketing, and archival purposes. By booking and participating in a tour, each participant grants Fine Gardening an irrevocable, royalty-free, worldwide license to use, reproduce, edit, crop, publish, and distribute photographs and video recordings in which the participant may appear, in any media now known or hereafter developed, including print publications, websites, social media, and promotional materials, without compensation to the participant.
Participants who object to being photographed or recorded must notify Fine Gardening in writing prior to the tour departure. Fine Gardening will make reasonable efforts to accommodate such requests but cannot guarantee that participants will not inadvertently appear in group photographs.
Participants under the age of 18 ("Minor Participants") may participate in tours only when accompanied by a parent, legal guardian, or chaperone, who is also a registered participant on the same tour. A parent or legal guardian must sign these Terms & Conditions on behalf of the Minor Participant and accepts full responsibility for the Minor Participant's conduct, safety, and compliance with all tour policies. All provisions of these Terms & Conditions, including the assumption of risk, release of liability, limitation of liability, and media release provisions, shall apply to Minor Participants to the fullest extent permitted by law. By signing on behalf of a Minor Participant, the parent or legal guardian represents and warrants that they have legal authority to bind the Minor Participant to these Terms & Conditions.
18. Severability
If any provision of these Terms & Conditions is found by a court or arbitrator of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, that provision shall be deemed severed from these Terms & Conditions and shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
19. Entire Agreement
These Terms & Conditions, together with the tour booking confirmation and any tour-specific addenda provided in writing to the participant, constitute the entire agreement between the participant and Fine Gardening with respect to the subject matter hereof, and supersede all prior or contemporaneous oral or written agreements, representations, or understandings.
No modification of these Terms & Conditions shall be effective unless made in writing and signed by an authorized representative of Fine Gardening.
No Waiver: The failure of Fine Gardening to enforce any provision of these Terms and Conditions shall not constitute a waiver of Fine Gardening’ right to enforce such provision or any other provision in the future. Any waiver must be in writing and signed by an authorized representative of Fine Gardening to be effective.
Assignment: Fine Gardening may assign its rights and obligations under these Terms and Conditions to any affiliate or successor entity without notice to or consent of the participant. The participant may not assign their rights or obligations without Fine Gardening’s prior written consent.
