NOTICE TO ALL TRIP PARTICIPANTS: THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY TAHOE JACK’S ADVENTURE AUTHORITY LLC. TO, AND ACCEPTED BY, YOU THE TRIP PARTICIPANT, SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS APPEARING BELOW. EACH TRIP PARTICIPANT SHOULD CAREFULLY REVIEW THIS CONTRACT.
BOOKING TERMS & CONDITIONS
BOOKING TERMS AND CONDITIONS
TERMS and CONDITIONS OF SALE
The purchase of any travel services offered by Tahoe Jack’s Adventure Authority LLC. (along with its affiliates, owner, officers, directors, agents and employees are collectively referred to as, “Tahoe Jack’s Adventure Authority”, “Tahoe Jack’s” or “TJAA”) creates a contractual relationship between TJAA and you, the customer/participant in the tour package provided by TJAA (for and on behalf of yourself and all other customers/participants for whom you are purchasing the tour package, herein referred to as the “traveler”, “trip participant”, “you” or “your”), and represents your acceptance of the terms and conditions of your tour package set out below (the “Terms and Conditions”). In order to complete your reservation, the Booking Terms and Conditions must be signed, each page initialed and returned to Tahoe Jack’s Adventure Authority.
1. Booking Reservations and Payments
All trip participants are required to complete and sign all Tahoe Jack’s Adventure Authority booking forms including the Personal/Medical Information Form, Booking Terms and Conditions Form and Participant Release of Liability/Assumption of Risk Agreement Form. Reservations for all day tours are confirmed upon full payment for the chosen adventure tour and departure date. Reservations for all multi-day tours are confirmed upon an initial 50% deposit for the chosen adventure tour and departure date. Tahoe Jack’s Adventure Authority accepts payment in US dollars (USD). All subsequent payments will also be made in US Dollars (USD). Deposit and payments may be made by major credit card. For any multi-day booking made within 30 days of departure full payment is required.
Final Payments (Multi-Day)
Remaining balances are due 30 days prior to departure.
2. Cancellations & Refunds
Cancellations made more than 72 hours in advance will receive a full refund. Cancellations made 72 hours – 24 hours prior to departure will receive a credit towards a future adventure tour. Cancellations made less than 24 hours prior to departure will receive no refund or credit.
Cancellations made 30 days prior to departure will receive a full refund. Cancellations made 29 days – 14 days prior to departure will forfeit the original 20% deposit with the remaining balance refunded. Any cancellation made with less than 14 days notice from departure date will forfeit the entire amount of the booked adventure tour or may opt to receive credit to reschedule a future trip.
Trips for both day tours and multi-day tours can not be cancelled due to weather conditions, unless such cancellations are made by Tahoe Jack’s Adventure Authority. In the event a trip is cancelled by TJAA due to adverse weather conditions, a full refund will be provided.
No refunds, discounts or reimbursements will be granted to no-show trip participants, late arrivals, dismissals or any customer that is deemed not suitable to participate due to ill health, medical conditions, intoxication or poor levels of fitness. Furthermore, no partial credit or refunds will be granted if a trip participant decides to leave on their own accord due to medical reasons or can not fully participate on their own behalf, voluntarily or involuntarily.
4. Decline of Participation
Tahoe Jack’s Adventure Authority reserves the right to decline customer participation if TJAA determines that a Trip Participant may be a safety risk to themselves or other participants in our tour package. TJAA’s decision to decline your participation in any tour shall be at its sole and absolute discretion. Should your participation in a tour be justifiably declined by TJAA prior to the scheduled date of departure, TJAA will refund to such customer any payments made to TJAA without further obligation on our part. Please note that in the event of a declined participation, TJAA will not be responsible for the cost of any additional travel arrangements or any other items not purchased through TJAA. We strongly recommend trip protection insurance to cover any costs that may arise due to this circumstance.
5. Trip Leader Authority
Trip Participant accepts the full authority of TJAA trip leaders and staff. Trip leaders maintain safety and ensure compliance throughout all tours operated by Tahoe Jack’s Adventure Authority. In the event of non compliance, disruptive behaviors, or the observance of dangerous actions that put the safety of the Trip Participant or others at risk Tahoe Jack’s Adventure Authority, in its sole subjective discretion, may dismiss the Trip Participant from further participation in the tour.
6. Children and Under Age Minors
Under age minors younger than 18 years of age participating in programs offered by Tahoe Jack’s Adventure Authority must be accompanied by an adult. Unless otherwise indicated, the minimum age for any Trip Participant is 12 years of age. Parent(s) or legal guardian(s) are required to sign a TJAA Participant Release of Liability/Assumption of Risk Agreement Form for any and all under age minors participating in TJAA tour packages.
7. Trip Changes
Tahoe Jack’s Adventure Authority occasionally may have to make unforeseen changes before or after bookings have been confirmed. TJAA reserves the right to change portions of the service prior to departure without compensation or refund. This includes, but is not limited to changes in itinerary. Such changes are typical when weather prohibits a certain location from being accessed.
Tahoe Jack’s Adventure Authority reserves the right (at its discretion) to alter or omit any part of the itinerary or change any feature and/or conveyance without any notice and for any reason whatsoever. We reserve the right to cancel any services prior to departure, in which case payment will be refunded without further obligation on its part.
8. Release of Liability
In consideration of the services and arrangements provided by Tahoe Jack’s Adventure Authority., you, for yourself, your heirs, assigns, personal representatives and next of kin, hereby release, indemnify, waive, discharge and hold harmless Tahoe Jack’s Adventure Authority LLC., its officers, owners, directors, officials, agents and/or employees, independent contractors, subcontractors, and affiliates from any and all claims, actions, demands, losses for emotional injury, bodily injury, property damage, wrongful death, loss of service, lost profits, exemplary, consequential, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the scheduled travel package and any activities conducted in conjunction with any Tahoe Jack’s Adventure Authority LLC. tour package. YOU SPECIFICALLY UNDERSTAND AND AGREE THAT YOU ARE RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT YOU MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS, OMISSIONS, OR CONDUCT OT THE OWNERS, OFFICERS, DIRECTORS,OFFICIAL, AGENTS AND/OR EMPLOYEES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS AND AFFILIATES OF TAHOE JACK’S ADVENTURE AUTHORITY LLC.
9. Express Waiver of Consequential, Punitive or Exemplary Damages
Regardless of the circumstances or situation giving rise to a claim, you waive any right to seek consequential, punitive, or exemplary damages against Tahoe Jack’s Adventure Authority LLC., its owners, officers, directors, agents, contractors and employees, for any reason whatsoever.
10. Limitation of Liability - Personal Injury
Tahoe Jack’s Adventure Authority LLC. hereby disclaims all liability to travelers for emotional distress, mental suffering, psychological injury of any kind under any circumstance, when such damages were neither the result of physical injury, nor were intentionally inflicted by Tahoe Jack’s Adventure Authority LLC. Without limiting the preceding sentence, in no event will Tahoe JAck’s Adventure Authority be liable to the traveler for any consequential, incidental, exemplary or punitive damage.
11. Exclusive Governing Law and Jurisdiction
These Terms and Conditions and any actions and proceeding brought hereunder shall be governed by the laws of the State of Nevada without regard to conflict of laws principles. If the right to seek arbitration is for any reason waived by both parties, or if judicial review of any arbitration is sought, any action or legal proceeding to enforce provisions hereof, or based on any right arising out of, these Terms and Conditions shall be exclusively in the courts of the State of Nevada.
12. Waiver of Jury Trial
Each party hereby specifically and knowingly waives any rights to demand a jury trial in connection with any action or legal proceeding arising out of the Terms and Conditions set forth in this Agreement.
13. Time Limit for Claims
Tahoe Jack’s Adventure Authority shall not be held liable for claims, actions, or losses for bodily injury, emotional injury or distress, 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 the scheduled tour package and any activities conducted in conjunction therewith, unless full details in writing are given to Tahoe Jack’s Adventure Authority with in 180 days after the date of the event giving rise to such claim. Suit to recover on any such claim will not be maintainable unless filled one (1) year after the date of the event giving rise to such claim and unless served on Tahoe Jack’s Adventure Authority with 120 days after filing. You expressly waive all other potentially applicable state or federal limitation periods.
If any provision of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
15. Travel Agents and Destination Management Companies
Trip Participants acknowledge and confirm that any travel agent or DMC utilized in connection with the purchase of any services with Tahoe Jack’s Adventure Authority, is for all purposes the Trip Participant’s agent and TJAA shall not be liable for any representation made by said agent. Trip Participants remain liable to Tahoe Jack’s Adventure Authority for the price of the tour package and any associated costs. Trip Participants acknowledge that Tahoe Jack’s Adventure Authority is not responsible for the financial condition or integrity of any travel agent or destination management company.
16. Use of Likeness
All trip participants grant Tahoe Jack’s Adventure Authority permission to take their photographs, video, film and sound recordings, and hereby release all rights and consent that Tahoe Jack’s Adventure Authority may use any likeness taken of you and any of your comments during the expedition for future publicity and promotional material. You understand that this material may used, but not limited to, printed publications, online, webpages, blogs, social media sites and marketing materials. Trip Participants who do not wish to extend these rights to Tahoe JAck’s Adventure Authority must inform us in writing prior to tour departure.
17. Entire Agreement
These Terms and Conditions shall represent the entire agreement between the parties on the subject matter hereof and any and all prior agreements, discussions, representations, whether oral or in writing, are hereby superseded by the terms above.
18. Acceptance and Confirmation
Upon advancement of a deposit or full payments for a reservation of TJAA tour packages, you acknowledge and confirm that you have read and understood these Terms and Conditions in their entirety. By signing below you warrant and confirm the following,
i. You agree to be bound by all of the terms hereof;
ii. you confirm that these Terms and Conditions will be binding on your heirs, executors, next of kin, administrators and successors; and
iii. agree that this is the entire understanding between you and TJAA and that this agreement cannot be modified or changed in any way except in writing signed by both parties.
I hereby accept and execute these Terms and conditions as of the date set forth below.
Name (print): ______________________________________
Signature: _________________________________________ Date: _________________________________