MACS ADVENTURE LIMITED BOOKING CONDITIONS
Please read these Booking Terms and Conditions (“Terms”) carefully.
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 (“you”, “your” or other pronoun variation refers to the Lead booker, other adult Tour participant or the parent of a minor) and/or your child/children, if any (minors are those under 18 yrs. of age in Colorado; whether singular or plural, sometimes “minor” or “child”) to participate in the Macs Adventure Tour (“Tour”), you agree as follows:
In registering for a Tour and making a deposit, the lead booker, all adult Tour participants and/or a parent or legal guardian (collectively “parent”) of any minor participant agree to be legally bound by these Terms. Note: If your child is included in the Tour booking party, you agree to these Terms for yourself and for and on behalf of your participating child.
1. Lead Booker’s responsibility For All Those in Tour Booking Party: The lead booker, each adult Tour participant and the parent of any minor agree that the lead booker:
a. must complete all requested information carefully and accurately to establish the booking;
b. has authority, as the agent for all those in the booking party, to make this booking for themselves and for all Tour booking party participants;
c. as an agent, has received express permission from all booking party participants (as well as the parent of any minor) and have authority to list, on all their behalf, booking party participants’ identity, contact information, health information and/or other details required to establish the booking;
d. as an agent, has authority and permission to make payments to Macs Adventure and to communicate with Macs Adventure for themselves and on behalf of all booking party participants;
e. understands they must be of adult age to make this booking, and agrees they are an adult (18 yrs. of age or older).
Registration: The lead booker and all other Tour booking party participants are considered preliminarily registered in the Tour once Macs Adventure issues a confirming invoice, following receipt of the lead booker’s Tour request and the required deposit. In addition, the lead booker, all other adult Tour participants and the parent of any minor will be required to sign additional forms and information, including, but not limited to a Macs Adventure LTD: Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (“Risk Release form”; an example is included here) and, individually and/or collectively, submit full and timely final payment for the booking party. 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 and Signed Forms: 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 the lead booker’s (and/or others in the Tour booking party’s) behalf. The Lead Booker and/or any combination of Tour booking party participants must pay a 20% deposit after the lead booker completes and submits the booking request to Macs Adventure. Please read carefully:
a. All signed Risk Release forms and full and final Tour payment are due to Macs Adventure 6 weeks (42 days) before the Tour start date. Importantly, we will not accept final payment unless we have received all signed Risk Release forms within this required time frame;
b. Alternatively, if you book a Tour within 6 weeks before the Tour start date, your FULL PAYMENT and all signed Risk Release forms are due to Macs Adventure due within 48 hrs. of the booking.
NOTE: If Macs Adventure does not receive your signed Risk Release forms and full and final payment by the above referenced deadlines, we will cancel your Tour arrangements with no refund of 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, Dismissal or Return and Costs:
a. Booking alteration:
If you (the lead booker, for alterations affecting the entire party, or an individual tour participant, if the alteration affects only you) wish to alter the Tour arrangements after receiving our confirming invoice (following your initial booking), please contact us in writing, with your request. Provided your departure date is more than 6 weeks away, we will endeavor to assist you – but changes may not be possible. You will pay a non-refundable $150 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. Within 6 weeks of departure unfortunately no amendments are possible, and a change of Tour dates will be treated as a cancellation of the original booking. If a member of your Tour booking party is unable to travel, you may transfer the booking to another person subject to the following conditions:
Transfer of Booking: Should a member of your party be prevented from traveling you may transfer the booking to another person(s), subject to the following conditions:
1. that person is introduced by you and satisfies all conditions applicable to the travel arrangements;
2. we are notified not less than 14 days prior to departure;
3. you pay an amendment fee of $150 per person transferring, as well as any additional costs we may incur and any outstanding balance payment; and
4. the transferee agrees to these Booking Conditions and all other terms of the contract between us.
You and transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in section 5 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not traveling or for unused services.
Note: Certain travel arrangements (e.g. hotel or transportation Bookings) may not be amended or transferred after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with section 5.
b. Cancellation: The lead booker, or any other Tour booking party participant may cancel their Tour arrangements at any time. In such event, we must receive written notification from you via standard mail or e-mail. Your cancellation request is effective as of the date we receive it. Any cancellations are subject to Macs Adventure’s Refund/Cancellation Policy, identified in Section 5, below, and you must pay the applicable charges listed there.
c. 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 themselves in a manner detrimental to the Tour. If a participant is dismissed, participant and parent of a minor are responsible for all costs of this early departure, with no Tour refund (see below).
d. Dismissal, Non or Late Arrival or Early Departure: Macs Adventure will not provide a refund 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).
e. Costs of Early Departure: 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 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 Participant Cancellation – Refund Policy:
If the Lead Booker or anyone in the Tour booking party cancels, without substitution:
a. More than 42 days before Tour start date, Macs Adventure will refund all Tour payments, less your Deposit;
b. Between 42 and 28 days before Tour start date, Macs Adventure will refund 70% of all Tour payments;
c. Between 28 and 15 days before Tour start date, Macs Adventure will refund 50% of all Tour payments;
d. 14 days or less before the Tour start date, there will be no refund.
Liquidated Damages: Our graduated and time sensitive cancellation/refund policy is intended as liquidated damages and not as a penalty. Macs Adventure uses participant Tour payments to prepare for the Tour, pay its staff and suppliers, and handle a myriad of other costs associated with its operations, and it is difficult to ascertain the amount of actual loss or damages that would result if a participant or booking party cancels at a given point in time before the Tour start date. As a result, our policy reflects a reasonable estimate of the actual costs Macs Adventure will incur in the event of participant or booking party cancellation at various points before Tour departure.
6. Macs Adventure Tour Alteration or Cancellation; Force Majeure:
a. 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 and submit all signed Risk Release forms (see Section 2), 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).
b. Force Majeure:
Macs Adventure reserves the right to alter or cancel a Tour, before or after its start date because of an Act of God or other political, social, environmental or other condition beyond our or our supplier/s control (force majeure). Force majeure events include, but are not limited to war or terrorism; civil unrest or emergency; economic collapse; governmental or other authorities’ laws, regulations or actions, including restrictions on travel, our tours or otherwise; floods, fires or other natural disasters; industrial or biological disasters; and health threats, including disease outbreaks, epidemics or pandemics, such as but not limited to the current or future, but unknown impact of COVID-19 on Macs Adventure tours. Typically, these events are unexpected and may compromise the health or well-being of participants or otherwise and prevent our performance. Often, these types of events severely impact - or make impracticable or impossible – our ability to run tours (impracticability/impossibility of performance or frustration of purpose). If Macs Adventure determines, in its sole discretion, it is unable to perform, in whole or in part, because of a force majeure, Macs Adventure may alter, suspend or terminate its performance, the Macs Adventure Refund/Cancellation policies do not apply and no refunds will be granted (unless as determined, in Mac’s Adventure’s sole discretion). In the event of a force majeure, you agree that Macs Adventure will not be found in breach of these Terms, and/or legally liable for any losses, costs or damages to you/your child.
c. 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 any Tour booking party participant, including non-refundable airline tickets or change fees.
a. Medical Insurance: All Tour participants must have medical insurance. Note: Personal medical insurance may not cover participant’s medical expenses while traveling inside or outside participant’s country of residence. Participants should review their medical insurance to determine if coverage is appropriate, or if a supplemental medical policy is necessary.
b. Travel Insurance: We highly recommend that all tour participants secure appropriate trip and/or travel insurance before traveling. This insurance can assist in protecting participants in the event of issues that arise before or during the Tour such as trip delay, cancellation, trip interruption or early termination. Insurance may include coverage for paid Tour fees, medical treatment or evacuation, costs incurred from cancelled flights, lost or stolen baggage or other costs. In considering trip or travel insurance coverage, we recommend you speak with a company’s representative to assist in determining the scope of benefits that policy provides. The terms and conditions of coverage will vary depending upon the policy offered by the insurance provider.
c. You should direct all questions regarding coverage to the insurance provider (whether for medical insurance or trip or travel insurance). If you fail to have or purchase appropriate insurance for you/your child, you assume that risk. You agree to accept full responsibility, as applicable, for all associated losses, costs or fees, whether or not covered by insurance. Per the terms of the Macs Adventure Risk Release form or otherwise, you are responsible for indemnifying Macs Adventure in the event that we incur these losses, costs or fees.
8. Minors, Health and Fitness; Disability Limitations or Special Need:
a. Minors (those under 18 yrs. of age) attending any Tour must be accompanied by an attending adult participant or a parent. If the minor is attending a Tour without their parent, the parent fully consents to their child traveling on the Tour with the chosen adult participant, and, as noted above, one of the child’s parents must sign the Risk Release form on behalf of the minor.
b. 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 you may see fit, in consultation with your/your child’s medical provider).
If a tour participant has any conditions or limitations that may impact or restrict their ability to participate in the Tour, it is important that you (the lead booker) inform us at the time of booking. That way, we can talk with the tour participant/parent about the participant’s needs, consider any potential reasonable modifications, inquire of suppliers and provide additional information to assist the participant/parent 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 Risk Release form 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 disorders, cardiovascular issues (including high blood pressure) or pregnancy - can deteriorate quickly under certain conditions and distance from definitive care can be a factor. Participants/parents of minors should consider these issues carefully, and, as they deem appropriate, discuss these or other issues with their/their child’s 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, but does not guarantee that we, or the relevant supplier, can meet your request. If we/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 will not pay compensation for failing to meet a special request that we have not confirmed separately in writing.
10. Complaints: If you have a complaint during the Tour, please inform, as quickly as possible, the relevant supplier (e.g., your hotel) and 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., 1031 33rd St. Denver, CO 80305 or e-mail firstname.lastname@example.org, 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, without delay, you initially communicate any complaint to the supplier of the services (filling out any required reports on location) and as well, to our representative, 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)
a. Booking party participants (including any traveling minor’s) specific passport and visa requirements and other immigration or travel requirements are the participant’s/parent’s responsibility and Tour participants should confirm these requirements with the relevant Embassies and/or Consulates.
b. We encourage all Tour participants 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/.
c. 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.
d. 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 they have failed to comply 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. In that case, 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 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, in the Tour booking confirmation process, we will make any price discrepancy adjustments for 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 your (and your participating child’s, 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 you/your child. Macs Adventure owns all ownership and copyright rights in the images and you waive 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 you or your child have with Macs Adventure and all other aspects of your/your child’s relationship with Macs Adventure, contractual or otherwise, and agree that any lawsuit or other legal proceeding must be filed or entered into only (exclusively) in county, state or federal court located in Denver County, Colorado. You agree to first attempt to settle any dispute (not settled by discussion) through mediation before a mutually acceptable Colorado mediator.