Legal Waiver
GENERAL. This Agreement contains the terms and conditions by which Adventure Vacations, 2018 Fairmount Ave, St Paul, MN 55105, 866-910-0300 or 651-644-0333, hereinafter referred to as the “Tour Operator”, in consideration for Participant’s payment, agrees to provide these travel arrangements. For your reserved space this form must be signed and returned with full payment for the trip.
RESPONSIBILITY AND LIABILITY. Tour Operator is responsible to Participant as set forth below. In no case does Tour Operator own, operate or control any of the firms or vendors which will provide goods and services for the trip, including without limitation, hotels, air and land transportation or meals, or activities. Tour Operator does not guarantee against the failure or negligence of any such firm or vendor. Each Participant agrees to seek redress or remedies directly with the firm or vendor and to hold Tour Operator harmless, in the absence of its negligence, for any loss, injury, death, delay, inconvenience, or expense which results, directly or indirectly, from any act or omission, whether negligent or otherwise of any entity which provides goods or services for the trip, or any other third party. Each Participant acknowledges that the Tour Operator, nor its agents have made any representation or promise with respect to the arrangements described herein except as expressly set forth in the Tour Operator’s literature or electronic marketing media, unless such agreement is in writing and signed by an officer of Tour Operator. No representative, employee, or agent of the Tour Operator is authorized to modify, waive, or in any way change the terms of this contract. The Tour Operator reserves the right to decline, to accept, or retain any person as a member of the tour at any time prior to departure, or in the course of the tour, should such participant’s health, mental condition, physical infirmity, or general deportment impede, in the Tour Operator’s judgment, the operation of the tour or the rights, welfare, or enjoyment of other tour participants. The acceptance by the participant of any travel plan or other service shall be deemed to constitute acceptance of these limitations of liability or responsibility.
PRICING. Please consult the ‘Included Features’ and the itinerary for each tour. Charges for passports, visas, inoculations, laundry, beverages, travel insurance, postage, telegrams, telephone calls and surcharges, any items of a personal nature, or any other items or services the inclusion of which has not been expressly specified. Tour Operator reserves the right to re-invoice Participant in case of an error made in computing invoiced price. Operator is not responsible for any misprinted pricing or product information. Photos in Tour Operator’s literature and electronic marketing media are representations only, and Tour Operator does not guarantee sights will appear as depicted. If prices are misquoted, the Participant will be offered the tour at the correct price or they may cancel with a full refund. The price of a tour is unique and cannot be divided into a number of expenses or services. Pricing is valid at the time of booking only, and misquotes will not be honored.
PAYMENT. The actual bookings are made when the initial deposit and registration were made for participation on this trip. All additional information can be obtained from us at phone number is 866-910-0300 or 651-644-0333. There are no cancellations, changes or refunds offered after registration for the trip has closed. See specific trip itinerary for registration timeframes and payment schedules. Cancellations can be made at an 80% refund during trip registration time. In the event of an unforeseen circumstance (ie.weather, catastrophic event), a back up date may be selected for your trip based upon availability of the suppliers. Or a partial refund will be offered based upon conditions of providing suppliers.
INSURANCE. For your protection against cancellation penalties we recommend trip cancellation insurance. In the event that your health insurance does not cover you outside of the United States you may want to purchase travel accident and optional sickness coverage.
CANCELLATION BY THE TOUR OPERATOR. The Tour Operator reserves the right to cancel a tour at any time for any reason (including weather). Its liability shall be limited to providing a refund in full of the moneys it has received from or on behalf of the participants. Prior to providing a refund, attempts will be made to reschedule tour and/or identify a new group tour for participant.
CANCELLATION BY THE PARTICIPANT. Participants must cancel in writing, not email. Participant will receive a full refund up to 4 weeks prior, 75% 2 weeks prior and no refund after 2 weeks prior to the trip. Refunds can take up to 4 weeks to process in the form of check by mail.
ACTS OF GOD (FORCE MAJEURE). The Tour Operator shall be responsible for supplying the services and accommodations offered in this trip as they relate to the land portion of the tour. If such services and accommodations cannot be supplied due to causes beyond its control, there shall be no responsibility or liability. In this event the Tour Operator will use its best efforts to supply comparable services and accommodations, and all travel arrangements may be subject to alteration or cancellation at any time with or without prior notice for any reasonable cause. Such alterations will not be considered cause for cancellation by the participant(s), and the usual penalties will apply. Nor shall the Tour Operator be liable for any injury, loss, damage, accident, delay, irregularity, or expense arising from strikes, war, weather, quarantines, sickness, governmental restrictions or regulations, or from any act of omission of any individual, firm, or corporation furnishing sightseeing, hotels accommodations, or any other services in connection therewith, nor for any additional cost or expense due to disruption of advertised schedules, rates or services, or for any other cause beyond its control.
COMPLAINT – Any failure to carry out the fulfillment of the contract must be contested by the traveler without delay in order to allow the Tour Operator’s Agent or local representative or guide to find a ready solution. The Participant must also make a written complaint by registered letter to the Tour Operator within and not later than 10 working days from the return date to the place of departure, otherwise he/she forfeits the right to complain.
FORUM AND CHOICE OF LAWS FOR DISPUTES. Any dispute concerning, relating, or referring to this contract, literature or electronic media concerning Participant’s trip, or the trip itself shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association in Hennipen County, Minnesota. Such proceedings will be governed by substantive Minnesota law.
GENERAL
Adventure Vacations has made arrangements hotels and other independent suppliers to provide you with the services you purchase. We have taken all reasonable steps to ensure that proper arrangements have been made for your vacation. However we do not accept any liability for the actions or omissions of these independent suppliers, over which we have no direct control. If you find you have any disputes with suppliers, however we will give you as much reasonable help as we can in resolution
Adventure Vacations cannot control such factors as weather, government actions, mechanical breakdown, your physical medical or mental disabilities, your failure to obtain valid travel documents or your failure to follow travel instructions.
We are not responsible for losses or damages arising from physical or emotional injury, property or other economic danger caused by such factors beyond our control. Adventure Vacations is not responsible for any consequential damages or monetary losses due to flight delays, air turbulence, transportation accidents or other unforeseen circumstances. We remain responsible for any negligence on our part.
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