S3 Adventure Travel - Legal Agreement
[May Also Include Embedded Waivers and Releases of Potential Claims/Assumption of Risks] entered into between
S3 Adventure Travel LLC (“S3”) and you the “Customer”). By booking an Adventure through S3 Adventure Travel (S3), you are entering into a binding legal agreement, which includes the following terms, conditions, releases, and assumptions of risks. There are no agreements or understandings other than those expressly set forth below, and these terms and conditions may only be modified or changed by a jointly executed separate written agreement signed by all interested parties. This agreement applies to all tour booking services provided by S3 including but not limited to trekking, scuba diving, sailing, skiing, cruises, and other general land-based tours (the “Adventure”). Each unique adventure will also include a required Liability Release Waiver that will be sent in advance of your adventure, and in the respective calendar year as your adventure.
1. Adventure and Adventure Price. A description of our Adventures, whether online or in written brochures, is intended to provide you with general information regarding our booking services and Adventure opportunities. You should ask questions and gain any additional information important to you before you make a booking decision. Your Adventure Price is the total amount listed on your Itinerary. All Adventure Prices are quoted in U.S. Dollars. S3 reserves the right to vary your Adventure Price at any time, in its sole and separate discretion to account for any increase in costs (including but not limited to airfares, accommodation or service costs, exchange rates,, or tax increases), until your Adventure has been paid in full. Subject to the conditions and limitations set forth below, the following items are included in the Adventure Price only if they are expressly listed in your Itinerary (carefully review the inclusions and exclusions of the itinerary), with all prices provided on a per person basis, with accommodations based on two persons sharing a room unless otherwise expressly stated and a supplemental fee paid: - Airfare (coach class, lowest available fare, of airline selected by S3; seating is solely under the control of the airline, as are the itinerary changes or accommodations resulting from flight delays or changes in schedule; any baggage charges are payable by the customer).
- Hotels/Accommodations (including transfers to/from airports at the beginning and end of the Adventure) Pictures of accommodations may not represent the actual accommodation provided during the Adventure. Special room requests (smoking/non-smoking, etc.) must be made at time of booking, but cannot be guaranteed by S3. If for whatever reason an accommodation type becomes unavailable, S3 will try to replace your original accommodation style with something comparable but cannot guarantee that they will be available.
- Meals and Beverages (only those meals and beverages expressly identified in your itinerary; no special meal requests or dietary accommodations are provided by S3 unless specifically identified on your itinerary).
- Adventure (including the Adventure selected above as described in our pre trip paperwork and website advertisement, including transfers to/from the Adventure from provided accommodations, entrance fees or costs).
Items Not Included in Your Adventure Price. The following items are not included in the Adventure Price: (a) airfare and taxes not specifically included in your Itinerary, or any change in class/special seat fares, (b) fees or costs associated with any optional activities, including entrance fees and transportation, unless specifically included in your Itinerary, (c) fees or costs associated with any accommodation upgrades or meal or beverages not specifically included in your Itinerary; (d) fees for laundry or other personal services, (e) passport or visa fees, or airport taxes charged at the airport at the time of departure (f) vaccinations or other medical services or requirements, or (g) increased costs of flights, or overnight accommodations, that might be caused by flight cancellations, delays, or changed preferences of the customer. Increase In Adventure Cost. In the event that, prior to or during the Adventure, S3 incurs increased costs for the Adventure, which are beyond S3's control, we may adjust the Adventure Price accordingly. If these costs result in an increase of 5% or more from the original Adventure Price as agreed upon at the time of this agreement, S3 reserves the right to pass these increased costs onto the customer by adjusting the Adventure Price. In the instance where the costs lead to an increase of more than 10%, the customer will be given the option to request a full refund if they choose not to proceed with the Adventure due to the increased price. We believe this approach allows for a balanced distribution of unforeseen additional expenses, while respecting the customer’s commitment to budgeting for their adventure. Please note, though we aim to minimize these occurrences, fuel surcharges may be added to the cost of any Adventure. This adjustment is applicable if outfitters/operators increase fuel costs after your booking and prior to or during the completion of an Adventure, particularly when the transportation involves fuel (boats, buses, airplanes, etc.).
2. Booking/Payment/Non-Refundable Deposit. The deposit listed on your Itinerary must be paid in full within seven (7) days of booking your travel. Your booking will be automatically cancelled if your Deposit is not received by S3 on or before the due date. Deposits are non-refundable, although some may be transferable (inquire about this at time of booking), unless expressly authorized in writing by S3 in its sole discretion. The balance of the Adventure Price must be paid no later than 120 days prior to the Adventure departure date. Failure to pay the final balance by that date will result in cancellation of your trip and loss of your Deposit. Bookings within 60 days of the Adventure departure date must be paid in full before your booking can be confirmed. If S3 is unable to fully confirm your Adventure, the amount will be refunded in full, except for a $50 processing fee, within 10 days of the attempted booking.
3. Cancellation or Changes by Customer. S3 must receive a notice of cancellation, or a requested change to the Adventure, during normal business hours. In the event of cancellation, you will be liable to pay S3 any cancellation fees calculated in accordance with the following table. Please note that in the event of cancellation you may also be obligated to pay cancellation fees to third parties including, without limitation, airlines. Notice of Cancellation (Days prior to Adventure Departure Date) 90 days and greater: Loss of Your Deposit
Less than 90 days: 100% of Itinerary Price All S3 Adventure itineraries are pre-fixed and attendees cannot request to modify the Adventure(s) being offered. Customers are welcome to spend their free time as they choose but must be present for scheduled S3 activities according to the schedule of events. Any approved customer changes to an existing Itinerary will be subject to any actual increase or change in fees or costs, along with a $50 per change fee charged by S3, which fees or costs being immediately due and payable at the time of the requested change, and which will be nonrefundable under any circumstance.
4. Adventure Variations/Modifications. S3 will make reasonable efforts to operate the Adventure in accordance with your Itinerary. Changes or substitutions may be necessary for reasons outside S3’s control, whether due to weather, operator cancellations, or other circumstances. S3 reserves the right to substitute, at is sole and separate discretion, at the nearest reasonable standard and cost, alternate vendors, dates, or provisions in order best accommodate such circumstances and make the Adventure as successful and enjoyable for you as possible.
5. Adventure Cancellation. S3 must obtain a minimum number of bookings to operate the Adventure and ensure an enjoyable group atmosphere. If sufficient numbers of customers, as determined by S3 in its sole and separate discretion are not achieved, then S3 may cancel or suspend a scheduled departure of the Adventure at least 60 days prior to the scheduled departure date, and notify you of such a cancellation through the most expeditious means possible. Accordingly, if the Adventure is cancelled, then you may then choose to obtain a full refund, or have your deposit and/or booking amount transferred to a future S3 Adventure.
6. Customers and Accommodations. S3 is not presently accepting customers under the age of 21. S3 also cannot guarantee that customers who have a disability will be able to use or fully enjoy accommodations or services, or that such accommodations or services would meet the standards of disability or accommodations that would exist in their home jurisdiction. S3 is not responsible for providing physical or other accommodations or assistance to customers with disabilities when traveling outside of the United States, and the customer’s ability to fully participate in the Adventure as a result of such disabilities when outside the United States is not the responsibility of S3, unless such an obligation exists under the laws of the jurisdiction in which the Adventure takes place.
7. Representation of Physical Fitness/Safe Actions. By entering into this agreement, each customer warrants and represents that to the best of their current understanding they are physically and emotionally able to safely and fully participate in the Adventure, which involves strenuous and/or physically risky activities, or they agree that they have determined that they cannot or will not participate in any activity which might place them at risk for harm or injury. The obligation of personal safety remains solely with the customer, who must independently decide whether he/she can or should participate in any particular activity, and to remove themselves from any potentially unsafe situation.
8. Compliance with Adventure Guide Directions/Laws and Regulations. Each Adventure is assigned an Adventure Guide who will assist customers in their accommodation, meal plans, and Adventure activities. The Adventure Guide may also assist customers in meeting any other needs or circumstances as they might arise on the Adventure, although the Adventure Guide has no responsibility to assist the customer with activities, events or circumstances outside the express scope of their Itinerary or this agreement. Each customer has a duty to every other customer, the Adventure Guide, and vendors or operators of services to act in a respectful, thoughtful and safe manner, and at all times to comply with the laws or regulations of the jurisdiction in which the Adventure will take place, and to further comply with any rules or requirements of any accommodation, travel provider, or service provider. If at any time a customer fails or refuses to comply with the Adventure Guide’s directions, or the rules or directions of any vendor, the Adventure Guide has the express right and authority to remove the customer from any activity or event, or to remove the customer from the remainder of the Adventure, with any loss of participation, or financial or other consequences, being the customer’s solely responsibility.
9. Passport/Visas/Vaccinations. You must have a valid passport for six months past the expected end date of your Adventures departure (Return Home). Passports that expire within Names should be provided as they appear on the customer’s passport. This information will be used for bookings. You will be responsible for any costs or loss of participation rights as a result of your failure to obtain the required documentation. Check Visa requirements for any location you might be traveling to before booking an adventure with S3. You are also personally responsible to determine what vaccinations might be suggested or required for entry into the jurisdiction in which the Adventure will take place or your return to the United States.
10. External Vendors. S3 is a booking agent for tours, services, or products provided by third parties. S3 seeks to book tours or services products on your behalf from reputable local providers, but cannot guarantee or warranty that such services or products will be performed or performed to your expectations. S3 is not liable or responsible for any loss, harm, damage, or injury caused to you or your property by such third parties. Any claim you might have against such third parties for breach of contract, negligence, or willful misconduct must be brought solely and exclusively against such third party, and not S3, who you agree is released from any potential claim for such harm, injury, or damage as provided in the attached Waiver and Release. In the case of delayed or refused services, in breach of the third parties’ contractual obligations to you, however, S3 will seek to provide reasonable assistance in obtaining recovery of amounts paid on your behalf, although S3 cannot guarantee such recovery will be successful.
11. Assumption of Risks/Disclaimers of Warranties. You will use various modes of transportation, staying at local accommodations, enjoying local venues, and participating in various adventures, all of which pose inherent risks of delay, harm, or injury. YOUR USE OF THE TOUR SERVICE IS AT YOUR SOLE RISK. THE TOUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. S3 makes no representation or guarantee of safety or freedom from delay, injury, harm, or loss of property, and S3 is not liable for any loss, cost or damage you may incur as a result thereof, whether caused by tour cancellations, variations or interruptions beyond the direct and immediate control of S3 (including but not limited to weather, illness/epidemics, strikes/civil disturbances/political or civil unrest/terrorism or criminal acts, travel document loss or challenges, failure of equipment, or refusal to provide services), and, to the fullest extent allowed by law, you expressly assume all such risks and agree that it is your sole and separate responsibility to make appropriate inquiries regarding vendors, service provides, travel or safety warnings, or rights of recovery in the case of harm, loss, delay, or damage. Furthermore, to the fullest extent allowed by law, neither S3 nor its providers or suppliers shall be liable for any direct, special, incidental, indirect and/or consequential damages of any kind, resulting from their performance or failure to perform pursuant to the terms of this agreement, or any subcontract or separate agreement made on your behalf, or resulting from the furnishing, performance, or failure of performance of any good or service contemplated herein, even if you have been advised of the possibility of such damages from any other source. To the fullest extent also permitted by law, S3 also makes no representations or warranties, and hereby disclaims any representations or warranties, express or implied, arising by law or otherwise, with regard to any of its products and services, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, any implied warranty arising from the course of performance, course of dealing or usage of trade, or any implied warranties pertaining to title, with S3 unable to warrant or guarantee that your Adventure will be without delay, interruption or change.
12. Travel/Health Insurance. You are urged to purchase comprehensive travel insurance to cover any unforeseen delays, losses, or illnesses you might occur during (or before) your adventure. S3 is not liable for your failure to adequately insure yourself or your property, and you agree to hold S3 harmless from any expenses or delays incurred as a result of your failure to adequately insure yourself.
13. COVID-Related Responsibilities. S3 strongly recommends all customers participating in the Adventure programs be vaccinated for COVID-19 at least two weeks prior to the tour start date. It is likely some countries may require proof of vaccination in order to gain entry. Some countries may be opening to fully vaccinated individuals to travel which will remove the need for quarantine upon arrival. Once on the tour, life may be restricted or severely limited for the non-vaccinated depending on the country, such as barred entry to museums, indoor activities or meals at restaurants, theaters, etc. Customers may be subject to specific rules requiring proof of vaccination to board a flight, enter the country, travel within or into other countries, entry into indoor activities, or obtain an entry visa. It is each customer’s responsibility to stay up-to-date and comply with the regulations and laws of the countries that will be visited during the Adventure. Customers are solely responsible for any additional expenses that occur due to not complying with these regulations, as well as S3 will not refund any planned activity expenses as a result of denied entry.
14. Children. If an adult will be traveling with a child or children under the age of 18, the customer represents that you are the parent or legal guardian of such child(ren) with the authority to bring them with you on a trip and by signing this agreement, are responsible to ensure such child(ren) adheres to the appropriate terms contained herein.
15. Defense and Indemnification. In consideration of the services and arrangements provided by S3, unless expressly prohibited by the law most favorable to S3, you, for yourself and for your heirs, personal representatives or assigns, release, waive, discharge, hold harmless and agree to indemnify S3 and its owners, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with this agreement or your Adventure, with this obligation extending beyond the date of the end of the Adventure in order to fulfill the purpose of this provision.
16. Governing Law/Jurisdiction; Dispute Resolution; Waiver of Jury Trial. Any disputes, which is in any way related to formation, terms, or conditions of this agreement, or acts or omissions relating in some manner to your Adventure, “Dispute”), shall be governed by the laws of the State of Florida, without giving effect to any other jurisdiction's’ conflict of laws rules or principles, and shall be solely and exclusively resolved by a Court of competent jurisdiction, without a jury, within Broward County, Florida.
17. Notices. Any questions or notices pertaining to your Booking or these Terms and Conditions shall be addressed to: S3 Adventure Travel PO Box 2309 Fort Lauderdale, FL 33303, 414-745-4043, s3adventuretravel@gmail.com.
18. Changes and Entire Agreement. Changes to this agreement shall be in writing and signed by both parties. This agreement is the entire agreement between the parties.
The customer executed this agreement as of the date below. 6. I further state that I am of lawful age and legally competent to sign this Voluntary Liability Release, Waiver and Assumption of Risk Agreement. Today's Date: December 21, 2024
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