MACS ADVENTURE LIMITED BOOKING CONDITIONS
Instructions regarding Macs Adventure Ltd.: Booking Terms and Conditions:
Attention: You (the lead booker) must be of adult age - 18 yrs. of age or older in Colorado.
You (the lead booker) understand that you are agreeing to the above referenced document for yourself and as the authorized agent for and on behalf of all participants in the Macs Adventure Tour (hereafter “Tour”) booking party. If your child/children are included in the Tour booking party, you also agree to these Booking Terms and Conditions as the parent or legal guardian (hereafter collectively “parent”) for and on behalf of your participating minor child/children and as the agent for the parent of any other child/children in the Tour booking party (minors are those under 18 yrs. of age in Colorado; hereafter “minor” or “child”). In addition, you should inform other Tour booking party participants regarding this document, which is binding on all Tour participants.
Please read the following Macs Adventure, Ltd.: Booking Terms and Conditions and complete all requested information carefully. Your submittal of a booking request and payment of a deposit constitutes your intent to be legally bound by this document, both for yourself and as agent, for and on behalf all other members of your Tour booking party.
MACS ADVENTURE, LTD.: BOOKING TERMS AND CONDITIONS
Please read these Booking Terms and Conditions (hereafter “Terms”) carefully. You (the lead booker) understand and agree that, in submitting a booking request and paying a deposit, you are agreeing to these Terms for yourself and as the authorized agent for and on behalf of all participants in the Macs Adventure Tour (hereafter “Tour”) booking party. If your child/children are included in the Tour booking party, you also agree to these Terms as the parent or legal guardian (hereafter collectively sometimes “parent”) for and on behalf of your participating minor child/children and as the agent for the parent of any other child/children in the Tour booking party (minors are those under 18 yrs. of age in Colorado; hereafter “minor” or “child”).
In consideration of the services of Macs Adventure Ltd, a Colorado Limited Liability Company, doing business as Macs Adventure (hereafter “Macs Adventure” – sometimes referred to as “we”, “our” or “us”), in allowing you and all participants in your booking party to participate in the Tour, you, including all other Tour participants on whose behalf you are booking (hereafter sometimes collectively “you”), agree as follows:
1. Registration: You (the lead booker) and other participants in your Tour booking party are considered preliminarily registered in the Tour once Macs Adventure issues you a confirming invoice, following receipt of your Tour request and deposit. In addition, you will be required to sign additional forms and information, including, but not limited to an Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (an example is included here) and are responsible for full and final payment. As a result all participants’ final acceptance, registration and participation in the Tour is contingent upon Macs Adventure’s timely receipt and review of all requested information and signed forms and full and timely payment.
2. Deposit & Payment: All payments must be made in invoiced currency. If any payments or other arrangements are made by a travel agent, those are deemed made on your (and/or others in your Tour booking party’s) behalf. You must pay a 20% deposit when you complete and submit your booking request to Macs Adventure. Unless you are otherwise advised by us, your full Tour payment is due to Macs Adventure 6 weeks before the Tour start date. Macs Adventure will cancel your Tour arrangements if we do not receive your deposit and/or final payment by the above-referenced deadlines. If Macs Adventure does not receive your timely payment, in full, by the required deadline, we will retain your deposit.
3. Tour Price fluctuation: Macs Adventure reserves the right to alter the listed prices of any Tour shown in its brochures or on its website, and will inform you of the current price before you book your Tour. (Price fluctuation can occur for a number of reasons, including but not limited to changes in Tour content, supplier costs and currency fluctuations). Once Macs Adventure has confirmed your Tour price, subject to the correction of any errors, we will only increase or decrease the price if we or you make changes to the services included in your booked Tour.
4. Participant Booking Alteration, Cancellation, Arrival, Return and Costs:
- Booking alteration: If you wish to alter your Tour arrangements after receiving our confirming invoice (following your initial booking), please contact us in writing, with your request. We will endeavor to assist you – but changes may not be possible. You will pay a $45 administrative charge per person, per alteration in addition to any costs incurred by Macs Adventure in making the alteration. Note: Certain portions of your Tour arrangements, once made, may not be changeable (e.g. Hotel or Transportation), and any alteration request could result in a cancellation charge of up to 100% of that part of the arrangement. Changes to Tour dates are typically handled as a cancellation of the original booking (and we cannot hold and carry over deposits to the following year). If a member of your Tour booking party is unable to travel, you may transfer the booking to another person up to 14 days before Tour departure, and must pay a $45 transfer fee and any additional costs incurred by Macs Adventure.
- Participant Cancellation: If you (or anyone in your Tour booking party cancels): You, or any member in your booking part may cancel your Tour arrangements at any time. We must receive written notification from you (the lead booker) – via standard mail or e-mail. Any cancellations are subject to Macs Adventure’s Refund/Cancellation Policy, identified in section 6, below, and you must pay the applicable charges listed there.
- Participant Dismissal: Macs Adventure reserves the right to dismiss any participant from a Tour if staff believe, in their sole discretion, participant presents a safety concern or medical risk, is disruptive, or otherwise conducts him or herself in a manner detrimental to the Tour. If a participant is dismissed or departs for any reason, participant (and parent of a minor) are responsible for all costs of this early departure, with no Tour refund.
- Dismissal, non or late arrival or early withdrawal: If for any reason (whether voluntary or involuntary), a participant does not attend, arrives late or leaves the Tour in progress (including but not limited to voluntary withdrawal, dismissal, illness, injury or any other reason), there will be no Tour refund.
Further, if a participant departs early, the participant (and parent of a minor) are responsible for all costs of early departure whether the departure is for medical reasons, dismissal, personal emergencies or otherwise. (These costs may include, but are not be limited to: evacuation, medical treatment, plane or other transportation, meals and lodging costs, non-refundable airline tickets or change fees, and expenses for staff who may accompany participant).
5. Macs Adventure Tour Alteration or Cancellation; Force Majeure:
- Alteration or Cancellation:
Although it does not happen often, Macs Adventure reserves the right, in its sole discretion, to alter or cancel some aspect of your Tour arrangements. Changes are typically minor (e.g. change in accommodations or a supplier) and we will notify you of these changes. We may cancel your Tour arrangements in certain circumstances, for example, if your Tour does not meet the minimum number of participants required for a particular Tour. However, except in cases of a force majeure (see below) or your failure to timely pay your Tour fee balance, we will not cancel your Tour arrangements less than six weeks before your departure date.
If we make a major change (as defined by us in our sole discretion; examples include: change in accommodations for the whole/most of your Tour, significant change in your Tour length) in your Tour, we will notify you as soon as reasonably possible if there is time before your departure. Except in the event of a force majeure (see below), you can choose between accepting the altered Tour arrangements, accepting our offer of alternative and comparable travel arrangements, if available (we will refund any price difference if the alternative is of lower value) or cancel your Tour arrangements and you will receive a full refund of payments made.
Except in the event of a force majeure (see below) if we cancel your Tour before its start you can either receive a refund of all payments made, or accept our offer of alternative and comparable travel arrangements, if available (we will refund any price difference if the alternative is of lower value).
- Force Majeure: If Macs Adventure determines, in its sole discretion, it must cancel before or during a Tour because of an Act of God or other political, social, environmental or other condition beyond its control (force majeure), Macs Adventure may suspend its performance, the Macs Adventure Refund/Cancellation Policy does not apply and no refunds will be granted (unless as determined, in Mac’s Adventure’s sole discretion).
- Additional Costs or Damages: In any case, if we alter a Tour, or, cancel before or during a Tour – regardless of whether we issue any refund, Macs Adventure is not responsible for any costs (such as, but not limited to any indirect, consequential, incidental or other costs/damages) incurred by you or others in your booking party, including non-refundable airline tickets or change fees.
6. Macs Adventure Refund/Cancellation Policy:
- If you (including anyone in your Tour booking party) cancels, without substitution:
- More than 42 days before Tour start date, Macs Adventure will refund all Tour payments, less your Deposit;
- Between 42 and 28 days before Tour start date, Macs Adventure will refund 70% of all Tour payments;
- Between 28 and 15 days before Tour start date, Macs Adventure will refund 50% of all Tour payments;
- 14 days or less than 14 days before the Tour start date, there will be no refund.
- Medical Insurance: All Tour participants must have medical insurance. Note: Personal medical insurance may not cover participant’s medical expenses. Participants should review their medical insurance to determine if coverage is appropriate, or if a supplemental medical policy is necessary.
- Travel Insurance: It is highly recommended that all tour participants secure appropriate travel insurance before traveling to address issues that may arise before or during their Tour such as cancellation, trip interruption, baggage lost, stolen or delayed, injury or illness. We offer a travel insurance plan through TripAssure, which you can access here. In considering any supplemental coverage, we recommend you and other Tour participants speak with TripAssure representatives, to determine the scope of medical and emergency response benefits that policy provides. For details on coverage, contact TripAssure directly at 800-423-3632 and refer to Macs Adventure location #MACS0305CO.
- Per the terms of the Macs Adventure Acknowledgment and Assumption of Risks & Release and Indemnity Agreement, you and all Tour participants are responsible for indemnifying Macs Adventure in the event that we incur losses or expenses.
8. Minors, Health and Fitness; Disability Limitations or Special Need:
- Minors (those under 18 yrs. of age) attending any Tour must be accompanied by a parent or legal guardian.
- Our Tours are intended for individuals in reasonably good health. However, we offer a variety of Tours of various levels – from “easy” to “strenuous”. Feel free to speak with our representatives about Tour variety and options before you book. We also offer a grading system describing the difficulty and comfort of certain aspects of our Tours to assist in gauging how a participant’s health and fitness level may correspond with our offerings. However, this grading is subjective and may not be accurate or consistent with a participant’s perceptions. All Participants (and parents of minors) assume full responsibility for selecting Tours and activities that are suitable in light of participant’s condition and abilities (and as a participant may see fit, in consultation with his/her medical provider).
If you or another person in your booking party have any conditions or limitations that may impact or restrict that person’s ability to participate in the Tour, it is important that you inform us at the time of booking. That way, we can talk with you about that person’s needs, consider any potential reasonable modifications, inquire of suppliers and provide additional information to assist the participant in determining whether the chosen Tour is an appropriate match for them. We reserve the right to decline or cancel the booking in appropriate cases. Please review the Macs Adventure Acknowledgment and Assumption of Risks & Release and Indemnity Agreement and Tour details for additional information regarding the activities, risks and participant responsibilities.
Please note: Tours may take place in remote areas where medical care may be delayed and medical services and facilities may be primitive or inadequate. Certain health conditions or medications taken may react negatively with the level of exertion, type of activity or environment, including activities undertaken at altitude, in places with poor air quality, humid or dry climates, extremely cold or hot weather, or other factors. In addition, some health conditions - including but not limited to diabetes, asthma, allergies (including a potential anaphylactic reaction), seizure disorder or cardiovascular issues - including high blood pressure or pregnancy - can deteriorate quickly under certain conditions and distance from definitive care can be a factor. Participants should consider these issues carefully, and, as they deem appropriate, discuss these or other issues with their medical provider, well in advance of the Tour.
9. Special Requests: If you have a special request for anything that is not a part of your Tour, please check with us when you book your Tour. We will pass this information on to the suppliers we work with. Our note of your request on your invoice confirms we have received it and does not guarantee that we, or the relevant supplier, can meet your request although most often they will endeavor to assist. If our suppliers can meet your request, we will note it on your invoice and will confirm the request separately in writing. Note: our staff’s verbal confirmation of your special requests is not a guarantee that those requests will be met. We and will not pay compensation for failing to meet a special request that we have not confirmed separately in writing.
10. Complaints: If you or a member of your Tour booking party have a problem during the Tour, please inform, as quickly as possible, the relevant supplier (e.g. your hotel) or the Macs Adventure 24 hr. office representative at [011 44 141 530 8886]. If your complaint is not resolved locally, please follow up within 28 days of your return home by writing to our Customer Services Department at Macs Adventure, Ltd., 3200 Carbon Pl Unit 102, CO 80301 giving your booking reference and all other relevant information. Please keep your communication concise and to the point so that we can endeavor to quickly identify your concerns and expedite our response to you. Again, we recommend that you communicate any complaint to the supplier of the services (filling out any required reports on location) as well as to our representative without delay so that we and the supplier have an opportunity to investigate and rectify your complaint. Further dispute resolution is addressed below.
11. Passport, Visa and Immigration Requirements; Advisories; Travel Medications/Prophylaxis:
Note: Applicable if you are traveling outside your home country (the U.S. or Canada)
- You and your booking party’s (including any traveling minor’s) specific passport and visa requirements and other immigration or travel requirements are your responsibility and Tour participants should confirm these requirements with the relevant Embassies and/or Consulates.
- We encourage you and all those in your Tour booking party to sign up for the U.S. State Department’s Smart Traveler Enrollment Program (“STEP”) to obtain various health, safety and security advisories relevant to your international Tour locations – see: https://step.state.gov/step/.
- Macs Adventure is not a medical authority and cannot directly advise you or any Tour participant regarding a participant’s individual travel related medication or vaccination needs. All Tour booking party participants (and the parent of any minor) are responsible for making these determinations. Macs Adventure does, however, strongly recommend that Tour participants consult their medical professional and/or visit a travel clinic well before the Tour to discuss requirements and/or options for travel-related vaccinations and medications. Note: Travel clinics frequently have limited hours, and may require advance notice to order medications. A participant and his/her medical professional are encouraged to generally review the Tour booking party’s travel location/s and itinerary in connection with information from the U.S. Centers for Disease Control and Prevention (CDC - www.cdc.gov), the U.S. State Department (www.state.gov/travel/); the World Health Organization (WHO - www.who.int) or other sources, to consider health issues and determine what, if any, travel-related vaccinations and medications may be required or appropriate for participant.
- Macs Adventure is not responsible (and except to the extent covered by Mac’s Adventure’s Refund/Cancellation Policy, above, there will be no refunds) if a participant cannot travel because he/she has not complied with any of these or other requirements.
12. Other Bookings/Tours: Other tours that you may choose to book or pay for while you are on your Macs Adventure Tour are not part of your package with us. Other bookings or tours are supplied by third parties and are subject to their own terms and conditions. Your agreement is with the supplier or operator of that booking or tour, and not with us, and Macs Adventure is not responsible for any aspect of these other bookings or tours you (including those in your Tour booking party) may choose to participate in.
13. Website, Brochure & Advertising Accuracy: We strive to accurately articulate our advertising, brochure and website information and prices at the time of printing, but there are occasional errors. In addition, the information and prices shown on our website and in our brochures may have changed by the time you choose to book your Tour. As a result, before you book your Tour, you must check with us at firstname.lastname@example.org to confirm the price and all other details of your chosen arrangements.
14. Photo/Statement Authorization: Participant grants Macs Adventure or any parties it designates the right and permission to photograph, film, record and/or otherwise capture participant’s (and participant’s participating minor child/children, if any) name, image, voice, verbal or written statement, video, photograph and/or visual likeness (collectively “images”, and including those voluntarily submitted to us by any Tour participant via a review, feedback form, competition entry or otherwise) during the Tour, for use in any media throughout the world in perpetuity, including for sale, reproduction or display on the internet, in publications and/or for any other informational, promotional or educational use, without compensation to participant. Macs Adventure owns all ownership and copyright rights in the images and participant waives any inspection or approval rights.
15. Internet Postings; Macs Adventure Protected Materials: Macs Adventure encourages participants to ‘spread the good word’ about their experiences on Tour. At the same time, we expect participants to respect our organization, and not to disparage Macs Adventure in postings on the Internet (websites, Facebook, YouTube, Twitter or other sites). Also, please understand that Macs Adventure websites and information contain copyrighted materials, trademarks, protected trade names and logo/marks that are the sole property of Macs Adventure, and (other than downloading or printing for personal use), may not be copied, broadcast, disseminated or publicized, without our written permission.
16. Data Protection and Privacy: Macs Adventure endeavors (but cannot guarantee) to protect your privacy and the security of your data in our system, and stores and utilizes information collected at our sites in various ways. In addition, Macs Adventure endeavors to enable the secure transmission of our users’ information and to collect and analyze data received in a responsible manner. All payment transactions are encrypted. Please see our privacy and other policies at http://www.macsadventure.com/about-us/contact-booking/cookies-privacy-policy/, and contact our personal representative at email@example.com if you have questions.
17. Financial Protection: Macs Adventure, Ltd.,LLC., is registered with the State of Florida as a Seller of Travel. Registration No. ST41190; Macs Adventure Ltd. is registered as a Seller of Travel with the State of California (2132613-40). Registration as a seller of travel does not constitute approval by the state of California.
18. Lost, Stolen or Damaged Property: Macs Adventure is not responsible for a participant’s lost, stolen or damaged personal belongings, whether incurred during travel or while on Tour. In addition, a participant may be held responsible for damage to, or loss of a Tour supplier’s property or equipment, subject to the specific supplier’s policies.
19. Equal Opportunity – No Discrimination: Macs Adventure provides equal opportunities to all, and does not discriminate on the basis of race, color, gender, religion, national or ethnic origin, sexual orientation, age or disability. However, as stated above, Macs Adventure does reserve the right to deny admission or ongoing participation on medical, health or other grounds, in appropriate cases.
20. Applicable Law: You agree that Colorado substantive law (without regard to its "conflict of laws" rules) governs these Terms, any dispute participant (or parent of a minor) have with Macs Adventure and all other aspects of participant’s/parent’s relationship with Macs Adventure, contractual or otherwise, and agree that any suit or other legal proceeding must be filed or entered into only (exclusively) in a state court in Boulder County, Colorado. You agree to first attempt to settle any dispute (not settled by discussion) through mediation before a mutually acceptable Colorado mediator.
These Terms outlined above shall be effective and legally binding upon you (the lead booker) and all other Tour participants in your booking party.