PRICING
Ticket includes meal, train excursion, non-alcoholic beverages and gratuity. Additional alcoholic beverages are available for an additional charge from our full-service bar. Add-ons and upgrades are also available for an additional charge that will include gratuity and must be pre-selected. Menu items and prices are subject to change. Children under the age of 5 will not be permitted on the train except on excursions that explicitly state are for all ages (e.g. North Pole Express).
ON-TIME DEPARTURE
The train and dining car will be open to other non-group-affiliated passengers and will depart promptly at scheduled time, as listed above. Any group which has not completely arrived on the property twenty minutes before departure will be charged an undue delay fee of 15% charged to the payment method on file or an invoice via mail. Any guests not seated on board the train at scheduled departure time will forfeit their excursion and no refund will be applied.
PAYMENT POLICY AND TICKET COUNT
A deposit of 50% of the balance due must be received not less than 60 days prior to the scheduled excursion date. If deposit payment is made by check, check must be mailed no less than 100 days prior to excursion date. Final ticket count and adjusted payment balance must be received not less than 30 days prior to the excursion date. If final ticket balance is made by check, check must be mailed no less than 70 days prior to excursion date. At this point, final ticket count cannot be decreased. Additional tickets can be requested after final ticket count has been submitted and will be evaluated based on the total number of customers on the train. If a group booking is made less than 60 days prior to excursion date, then full payment will be required within 3 days of contract date. Payments must be made on time and for the full amount listed based on the ticket count above. If payments are not made in full or on time, the contract will be terminated, with penalties applied, with or without notice, and My Old Kentucky Dinner Train will have no obligations to the group regardless of non-refundable payments made.
MEAL SELECTION
Meal selection must be submitted in writing 14 days prior to excursion date. If meal selection has not been submitted 14 days prior, My Old Kentucky Dinner Train will select a menu or meal selection for the entire group.
CANCELLATIONS & CHANGE FEES
Cancellations must be made in writing. If My Old Kentucky Dinner Train receives a notice of cancellation more than 61 days, the Deposit shall be non-refundable. Any cancellations made within 60 days of excursion date will not be eligible for a refund. Date changes to existing reservations following full payment are considered a cancellation and rebooking.
EXPERIENCE EXPECTATIONS
Each dining car is temperature-controlled with heat and air conditioning as well as public restrooms. My Old Kentucky Dinner Train recommends business casual dress. For women, reasonable-length skirts/dresses, full-length trousers combined with dress shirt, polo or sweater set are acceptable. For men, collared dress shirts, golf polos or sweaters paired with dress slacks, khakis are acceptable. My Old Kentucky Dinner Train adheres to these standards, and we ask that you please come appropriately dressed for our fine dining excursions.
SAFETY
My Old Kentucky Dinner Train will not have liability regarding the provision of medical care or the adequacy of any care that may be rendered. You agree that you will hold My Old Kentucky Dinner Train harmless regarding any provision of medical care or the adequacy of any care rendered. No weapons of any type are permitted on My Old Kentucky Dinner Train at any time.
POSTEPONEMENT, CANCELLATION, OR INTERRUPTION
We reserve the right to cancel or postpone the excursion for reasons beyond our control. You may transfer your booking to a later date, or we will provide you with a future travel credit (FTC), for some or all monies you paid to us, toward a future excursion arranged by us during the 18-month period after we notify you of the postponement or cancellation.
If you choose to transfer your booking, the new excursion will be subject to the terms and conditions of this contract. Except as set forth in the foregoing paragraph we will not be liable for any other costs, damages, or refunds of any kind for any loss, delay, inconvenience, disappointment, or expense whatsoever.
If, for reasons beyond our control, an excursion in progress must be interrupted or cancelled, we will, at our sole discretion, provide you either an FTC or refund in the amount of the refund we receive from our suppliers.
Further, we reserve the right to cancel the excursion for convenience at any time. In such event, we will provide a full refund of any money paid for the excursion.
CODE OF CONDUCT; DISORDERLY OR DISRUPTIVE CONDUCT
Our dining cars are historic passenger cars and patrons are seated in closer quarters. For the comfort and experience of everyone, customers are required to adhere to our code of conduct and use best manners. Without limiting the generality of the foregoing sentence, firearms, outside alcohol, tobacco use, offensive clothing, and the use of vulgar or offensive language are absolutely prohibited. We reserve the right to ask customers who are intoxicated or otherwise impaired, and/or disorderly and/or disruptive to leave the Dinner Train, without any refund. Disorderly or disruptive members of a group may result in the entire group being asked to leave. If warranted, we reserve the right to stop the train and contact local law enforcement to assist with removal of these passengers or groups. If that occurs, the subject customer(s) or group(s) may have their credit cards on file charged for the costs of any damage to property and disruption of service, charged by the minute.
LIMITATION OF LIABILITY
NEITHER R. J. CORMAN RESTAURANT CORPORATION, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE TO YOU OR OTHER THIRD PARTIES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER OR NOT R. J. CORMAN RESTAURANT CORPORATION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OUR SERVICES OR THE EXCURSION. IN NO EVENT SHALL THE LIABILITY OF R. J. CORMAN RESTAURANT CORPORATION WITH RESPECT TO ANY EXCURSION EXCEED THE FEES PAID BY YOU TO R. J. CORMAN RESTAURANT CORPORATION. THESE DISCLAIMERS OF TYPES OF DAMAGES AND LIMITATIONS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION.
EXPIRATION OF OFFER
This offer shall be deemed revoked unless the offer is signed by you and a copy of the signed contract is personally received by My Old Kentucky Dinner Train by 5:00 PM on the fifth day after this offer is signed by My Old Kentucky Dinner Train.
ARBITRATION AGREEMENT
Mutual Agreement to Arbitrate (“Arbitration Agreement”). This Arbitration Agreement is intended to be as broad as legally permissible, and, except as it otherwise provides, applies to all claims, disputes, or controversies, past, present, or future, that otherwise would be resolved in a court of law or before a forum other than arbitration. My Old Kentucky Dinner Train, RJ Corman Railroad Group, LLC, and their affiliates (collectively, “MOKDT”) and Customer (on behalf of yourself and any individuals for whom you purchase tickets, including, without limitation, family members, minor passengers, colleagues and companions (collectively “You” or “Your”), AGREE that this Arbitration Agreement applies, without limitation, to claims MOKDT may have against You and claims You may have against MOKDT, based upon or related to: these Terms and Conditions, breach of contract, tort claims, common law claims, Your relationship with MOKDT, tickets, services and accommodations provided by MOKDT, carriage on MOKDT trains and equipment, any personal injuries (including, but not limited to, claims for negligence, gross negligence, physical impairment, pain and suffering, mental anguish, wrongful death, survival actions, loss of consortium and/or services, medical and hospital expenses, expenses of transportation for medical treatment, expenses of drugs and medical appliances, emotional distress, exemplary or punitive damages arising out of or related to any personal injury), and any claims for discrimination and failure to accommodate, which shall be decided by a single arbitrator through binding arbitration and not by a judge or jury. Except with respect to the Class Action Waiver below, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the validity, applicability, enforceability, unconscionability or waiver of this Arbitration Agreement, including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction involving commerce. The arbitration will be conducted before a single arbitrator under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), which are available at the AAA website (www.adr.org). A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award. The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or representative action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or representative action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules, any dispute relating to the interpretation, applicability, enforceability or waiver of the Class Action Waiver may only be determined by a court and not an arbitrator. This Arbitration Agreement does not apply to any claim or dispute that an applicable federal statute states cannot be arbitrated.