TERMS AND CONDITIONS
INTRODUCTION & DEFINITIONS
Read this agreement thoroughly and carefully before booking a tour with us; it contains important terms and conditions regarding the tour you are purchasing including, but not limited to, our rights to alter the tour, our cancellation and refund policies, and a limitation of our liability and other important disclaimers.
As used throughout this agreement, “Extreme,” “we,” “us,” or “our” means Continental Divide, LLC, a Wyoming company, doing business as EXtreme RV Adventures, its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, agents and assigns.
These Terms & Conditions apply to each and every person who is part of a reservation made with EXtreme RV Adventures (“EXtreme”). This contract is between (a) you and any person you represent, and (b) EXtreme, under the laws of Wyoming, USA. The terms “the client,” “you,” or “your” are used in this contract to mean, collectively: you; the person you represent, if you are making a reservation on behalf of any other person in any capacity; and all “clients” (which includes all people included in a reservation). This contract states your responsibilities and obligations and includes conditions under which EXtreme may make changes to your reservation, including both minor and significant alterations up to cancelling your reservation or removing you from a tour. It includes limitation of our liability and other important disclaimers. It is your responsibility to read this contract entirely and acknowledge that you understand it before making your reservation and thereby agree to the terms in this contract. By making a reservation you acknowledge that you have read this contract and agree to its terms.
TRIP MEMBER’S RESPONSIBILITY
As the name implies, EXtreme RV Adventures provides adventures that are challenging and strenuous to the participants. THESE ACTIVITIES ARE HAZARDOUS AND ARE NOT INTENDED TO BE FOR EVERYONE. In fact, the challenges of the itineraries are designed in such a way as to afford guests that complete these activities significant bragging rights due to the high levels of difficulty required to accomplish them. Guests, participants and in the case of minors, their parents or guardians have the responsibility to select a trip appropriate to their abilities and interests. Trip members are responsible for preparing for the trip by studying the itinerary and pre-departure information sent by EXtreme, and for bringing the appropriate clothing and equipment as advised therein. However, guests should not rely solely on information provided by EXtreme, but should perform their own due diligence of the itineraries as well as the information available publicly (such as on the internet, in travel books, libraries, etc.) in order to best prepare for the challenges and difficulties that await them, and acknowledge that the conditions at such altitudes, terrain and locations of these adventures, by their very nature, are unpredictable, and that temperatures and weather conditions may change dramatically and violently during the excursions causing, among other things, risk of hypothermia, heat stroke, dehydration, rockslides, mudslides, flash floods, lightning strikes, avalanches, hailstorms, icy trails, premature darkening of the skies resulting in loss of the ability to see trail markings, cairns, and other direction markers, etc. Participants acknowledge and understand that there are usually more guests than guides in each trip, and as such, injury to any one or more members of the trip can result in their inability to continue on the activity as planned, or force the party to break up into smaller groups, some of which may be left without a guide because EXtreme’s guides may determine that it is in the best interests of the remaining, non-incapacitated members of the group to move on and escape the hazards that may have afflicted certain individuals of the group in the first place. This means that the services of Park Rangers, emergency responders, rescue or recovery teams, law enforcement or other outside professionals may be required to evacuate any injured persons that were left behind in order to ensure that the rest of the group and the guides can return to safety, and that such rescue operations may result in costs and expenses related to such rescue or removal including costs associated with the use of helicopters, boats, all-terrain craft, emergency service vehicles, medical professionals and the like, and that EXtreme is not liable or responsible for any such costs related to any rescue or recovery effort.
THE RECREATIONAL VEHICLE
The RVs used for our trips vary somewhat in floor plan from vehicle to vehicle, but generally come equipped with two semi-private, two-person RV-sized beds (one located in the rear of the vehicle, and one located overhead above the driver’s compartment) and usually two additional, non-private, single-person beds are available by converting either the dining area or the living room sofa into beds as well, or both. EXtreme will make every effort to accommodate all guests appropriately in order to provide couples with some privacy (or two individuals willing to share an RV-sized bed which is typically smaller than a queen bed). All sleeping arrangements shall be determined in advance, at or close to the actual time of booking. A premium may apply for preferred accommodations depending on the number of guests, the specific itinerary or the vehicle layout.
EXtreme reserves the right to rent third-party RVs in the event that no company-owned vehicles are available for the requested trip. In such cases, the floor plans may vary somewhat from the above description, however, EXtreme will make the same best efforts in order to provide guests accommodations that meet their requests.
DEPOSIT & REFUND POLICY
A deposit of $700 per guest is due at time of reservation, at which time EXtreme will determine final availability of all components of the trip required including that of the RV, any additional vehicles required for the itinerary, guides, lodging, spots with all third-party vendors, etc. If availability is confirmed, EXtreme will attempt to place a temporary hold on all components using the deposit monies provided by guests of the requested trip and immediately invoice guests for the balance. Balance shall be due immediately upon verification of availability, and any delay in payment of the full balance may result in the temporary hold of one or more components of the trip to be lost to another party. If any of the components of the itinerary of the requested trip are not available, EXtreme shall first offer guests an alternative for those components which are no longer available and allow guests to determine whether or not they will accept a substitute for those unavailable components of the trip. Acceptance of the proposed alternate suggestions shall bind the guests and require full payment to be made immediately upon acceptance. Refusal to accept proposed alternatives to those parts of the trip that are unavailable shall entitle the guests to the return of their full deposit.
Prices are quoted in US dollars and all payments must be made in US dollars whether by certified check, credit card, PayPal or other accepted electronic means.
In order to offer the lowest possible prices, all of our itineraries are priced according to the total number of full-price participants on the trip. Neither EXtreme drivers, guides, nor guests of EXtreme such as travel writers, photographers, leaders-in-training nor third party guides and staff are included in this count.
Prices are per person and do not include airfare to and from the pickup destination, nor do they include the cost of any additional lodging guests may opt for in order to arrive at the pickup location a day or more earlier than the pickup date. Guests will be required to appear at a specified location at or before the official departure time, in order to board the Recreational Vehicle (RV).
EXtreme reminds all guests that flight delays can occur, and EXtreme departures typically take place in the morning, therefore highly recommends that guests arrive at least one day before the pickup date and reserve nearby lodging in order to ensure they will not miss arriving at the pickup location on time. Guests that miss arriving at the pickup location on time will be required to meet up with the group at a location that is determined by the trip’s itinerary at their own expense and means, and due to the nature of the itineraries, may be hundreds of miles from the original pickup location. EXtreme will not be responsible for any refunds for any costs associated with events missed by guests as a result of failing to arrive at the pickup location at the designated time. Guests who missed the pickup and try to catch up with the rest of the group after the trip has already begun may be subject to the additional inconvenience of being forced to wait from hours to even days in order to rendezvous with the rest of the group in the event that the itinerary includes an extended period away from the RV.
Because EXtreme often uses third party companies for portions of the itineraries (e.g. rafting, zip lining, horseback riding, etc.), prices listed on the website are subject to change because, among other reasons, the companies providing the services. However, once EXtreme receives full payment from all guests and confirms availability of a specific trip, any increases in prices by third-party vendors will not be passed onto guests.
UNFORSEEN CIRCUMSTANCES & REFUNDS
Consider your itinerary as a guide; it is not a contract. Due to the very nature of EXtreme’s business model, a variety of issues may adversely affect the itineraries of the trips, causing portions of the trips to be delayed or outright canceled. These include, but are not limited to, vehicle breakdown, inclement weather, rockslides, mudslides, vehicular accidents involving the RV, accidents or road closures which may result in stopped traffic on roads necessary to arrive at a leg of the itinerary on time, the failure of a third-party rented RV to be returned by the previous renters on time to begin our itinerary, injury to a guest during a trip which results in an emergency cancellation of a part or all of a trip, or a number of other plausible scenarios which can result in guests missing part or all of the scheduled itinerary. In all such cases, EXtreme will make best efforts to compensate guests for missed activities to the extent that EXtreme is reimbursed by those third party companies. If a refund or some form of compensation is offered to EXtreme by any third party companies, EXtreme shall pass such refunds directly back to the guests. However, failure to receive a refund by EXtreme from those third party customers will not obligate EXtreme to offer any refunds to guests.
CANCELLATIONS BY GUESTS:
In order to ensure availability and secure spaces and/or reservations for various legs of the trip itineraries (including but not limited to vehicle rentals, hotel and other lodging reservations, payments to third-party vendors, purchase of meals, procurement of guides, purchase or rental of certain equipment needed for trips, payment for permits, etc.) EXtreme must pre-pay third party organizations, staff, employees and other persons and/or companies in order to ensure availability of the wide range of services offered in the itineraries. This means that deposit monies are often, in part or in full, already disbursed well in advance of any departure date.
Additionally, EXtreme itineraries are based on a required minimum occupancy, which can be from as few as two to six or more guests, depending on the specific trip. Therefore, if a booking group consists of sub-groups of friends, acquaintances or even strangers, or in the event that multiple small groups are placed together by EXtreme into the same trip in order to achieve those minimum group sizes, the successful departure of that trip may be dependent on the collection of the total funds from all smaller groups combined. As such, cancellation by one or more smaller groups may affect the ability of the others booked on the trip to depart due to lack of funds to pay for the entire trip and its expenses. As such, no refunds will be available to a canceling party or group once they have booked and committed to a trip.
However, EXtreme reserves the right AT ITS SOLE DISCRETION AND ON A CASE BY CASE BASIS, to make best efforts to refund a portion of payments, offer a partial credit towards a future trip or request the canceling guests to consider an alternate date to complete the trip based on only those dates offered by EXtreme, which will be determined by availability of partially-booked trips by other groups for itineraries that may or may not be the same as the itinerary originally requested by such canceling guests. For this and other reasons, EXtreme strongly recommends all guests to purchase Travel Insurance.
You may request a transfer to a different trip offered by EXtreme by notifying us of your wish to transfer prior to departure. Approval of such transfers is up to the sole discretion of EXtreme, and since the monies paid by guests towards the original trip may have already been partially or entirely disbursed at the time of the request to transfer, additional costs may be incurred by guests in order to approve such transfers.
CANCELLATIONS OTHER THAN BY GUESTS:
If a trip is cancelled due to force majeure (acts of God, war, labor strikes, earthquake, flooding, etc.), EXtreme will promptly refund the portion of the trip cost not already advanced to suppliers, employees, hired staff (including guides), airlines, third-party vendors, and any other companies, agencies or individuals to which EXtreme has made payments to, and use its best efforts to recover and refund the balance as promptly as possible. However, EXtreme does not guarantee recovery of any or all of the advance payments made, and our use of best efforts to recover these payments will not require the institution of any legal proceedings in any domestic or foreign jurisdictions.
EXtreme is not responsible for expenses incurred by trip members in preparing for a cancelled trip (e.g., nonrefundable advance purchase air tickets, visa fees, inoculations, equipment, etc.) or for any additional arrangements should the trip member have embarked prior to the scheduled group departure date.
EXtreme strongly recommends that you purchase a travel protection plan to help protect you and your travel investment against the unexpected.
LIMITATION OF LIABILITY
The payment of a deposit, balance or both represents acceptance by the guests of this Release of Liability, Assumption of All Risks and Binding Arbitration Agreement.
Other than those services specifically set forth in these Terms and Conditions, EXtreme RV Adventures, its employees, partners, shareholders, subsidiaries, affiliates, officers, directors and successors, (collectively EXtreme) does not own or operate any entity that provides, or is to provide, goods or services for your trip including, for example, lodging facilities, watercraft and other transportation companies, food service providers, equipment suppliers, local ground handlers, naturalist and certain guides, etc. As a result, EXtreme is not liable for any negligent or willful act or failure to act of any such person, or of any other third party.
EXtreme is not liable for any direct, indirect, consequential, or incidental damage, injury, death, loss, accident, delay, inconvenience or irregularity of any kind that may be occasioned by reason of any act or omission beyond its control, including without limitation any willful or negligent act, failure to act, breach of contract or violation of local law or regulation of any third party such as an airline, train, RV rental company, hotel, bus, taxi, van, yacht or vessel, local ground handler or guide, whether or not it uses the EXtreme name, financial default or insolvency of any supplier that is, to, or does supply any goods or services for this trip. EXtreme is not responsible for any loss, injury, death or inconvenience due to delay or change in schedule, overbooking of accommodation, default of any third party, attacks by or bites from wild or domestic animals, pests or insects, epidemics or the threat thereof, sickness, the lack of appropriate medical care and/or evacuation to same, if necessary, weather, strikes, acts of God or government, lost or misplaced luggage, acts of terrorism or the threat thereof, force majeure, war, quarantine, criminal activity, or any other cause beyond its control.
I acknowledge that during some of our excursions, the RV containing our belongings shall remain unattended, sometimes for days, in remote, isolated and unguarded areas, and that certain belongings and possessions, despite best efforts to protect them, will be required to stay behind in the unattended RV which will be subject to theft, fire, destruction or loss, and I acknowledge that certain personal items that I keep in my possession during our excursions, contained in either backpacks or any other storage devices or containers, may also be left unattended during certain portions of our excursions, whether left out in the open, in my possession or locked up with third party companies, and that even in such cases, a risk still exists that such possessions may be subject to theft, robbery, falling into canyons or off cliffs, being washed away by flash floods or lost due to other weather-related hazards, falling out of boats, jeeps, hot air balloons or any other vehicles or other circumstances that may result in the loss of such personal items, and that EXtreme is not liable for any loss or destruction of, or damage to, any personal items whatsoever.
I am voluntarily participating in this trip (or any trip to which I may subsequently transfer) with clear knowledge of the numerous risks and dangers involved including but not limited to negligence on the part of EXtreme (for example, negligence in the conduct or arrangement of the trip in any respect from inception to completion, negligence with regard to selection of suppliers, locations and otherwise, negligence in determining that the conditions of an excursion or hike are safe to continue when they are not, negligence in failing to properly advise guests of the supplies they will require or the quantity food or water to bring, negligence in advising guests to bring adequate clothing to protect themselves from the elements, etc.). I acknowledge that the enjoyment and excitement of adventure travel, such as this trip, is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, and represent a significant reason for my participation. I agree to be responsible for my own welfare and accept any and all risks of delay, unanticipated events, inconvenience, illness, injury, emotional trauma or death.
Medical Fitness and Age. Good physical and mental health is essential for the enjoyment of the active outdoor tours arranged by EXtreme. By forwarding the deposit and signed reservation form, the client certifies that he/she does not have any physical or other condition of disability that would create a hazard for him/herself or other clients, trip leaders or company representatives. It is essential that any participant with a medical condition that many be affected by motion on a body of water, vigorous activity, high altitude, headache, cold, other natural phenomenon, or particular foods or reactions, notify EXtreme in writing in advance of travel. EXtreme expressly disclaims any and all liability for medical care or for special dietary requirements. Participants may be required to provide a doctor’s statement of good health.
EXtreme, its third party suppliers and the suppliers’ tour leaders, agents, or representatives may make a determination that an individual client’s fitness to embark upon or continue a tour is inadequate. In that case, the client may be prohibited from embarking, continuing, or participating in a portion of the tour. EXtreme supports the judgment of its third party suppliers, tour leaders, agents, or representatives in such cases and you agree to honor such determinations.
EXtreme does NOT warrant or make any representations that the company or any representative, or any third party supplier or tour leaders can or will make a determination that an individual client IS adequately healthy or fit to embark, continue, or participate in a tour, and EXtreme expressly disclaims any such warranties or representations. The responsibility for any determination in favor of embarking, continuing, or participating in a portion of a tour remains solely with the client.
Once a reservation has been made, medical circumstances or fitness will not be considered exceptions to our cancellation policy.
EXtreme reserves the right to refuse as a trip participant, or remove, at his or her own expense and without any refund, from a trip, any person it judges to be incapable of meeting the rigors and requirements of participating in the activities, any person that EXtreme determines to be a danger to the rest of the group or who it determines detracts from the enjoyment of the trip by others. Guests agree to follow all written and verbal rules of safety or otherwise presented to them by EXtreme, the trip leaders, or the leaders or staff of any third party companies providing excursions or services to guests. EXtreme reserves the right to make route, hotel, RV Park, itinerary, leader changes and trip modifications as required or desirable to improve the trip quality and/or to accommodate the comfort and well-being of guests at any time, including during the course of a trip.
Medical Insurance. It is mandatory that all clients have personal, travel-related medical insurance at the time of travel. It is the client’s responsibility to obtain personal travel-related medical insurance. Often, your personal medical insurance may not cover you for medical services, whether basic, urgent, emergency, catastrophic, or otherwise, while you are traveling. It is your responsibility to determine if your existing medical coverage is adequate for the duration of your tour. It is also your responsibility to have or to obtain sufficient coverage for any medical services you might require, including up to catastrophic, long-term medical services coverage. This insurance must cover personal accident, medical expenses, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the client.
Any release of liability and/or assumption of risk enumerated herein is effective on or in any State or Federal lands except where specifically prohibited or set forth herein. No waiver/release of liability, insurance disclaimer or indemnification agreement executed herein is effective in the following locations: Bryce Canyon National Park, Arches National Park, Capitol Reef National Park, Canyonlands National Park, Zion National Park, Olympic National Park, Mt Rainier National Park, or any additional Park, National Monument, National Recreational Area, National Forest, National Volcanic Monument, State Park, National Scenic Area or any other locations expressly forbidden by a government agency from waiving/releasing such liability.
CLAIMS AND COMPLAINTS
Claims and Complaints. If a client has a complaint against EXtreme or the third party supplier, the client must first inform the tour leader or company representative while on the tour in order that the tour leader or representative can attempt to rectify the matter. Any further complaint must be put in writing to the company within 30 days of the end of the trip.
Any dispute concerning, relating, or referring to this contract, brochures, web information, or any other literature concerning any trip, or the trip itself, shall be resolved exclusively by binding arbitration in Wyoming, according to the then existing commercial rules of the American Arbitration Association. Such proceedings will be governed by substantive (but not procedural) Wyoming law excluding any application or consideration of the Wyoming Uniform Arbitration Act. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.
EXtreme shall not be liable for (a) expenses such as additional hotel nights and meals not specified in the individual trip itineraries, but which may be required to get to or from a trip start or end; (b) expenses due to the delay of a trip for any reason (e.g., bad weather, trail conditions, landslides, avalanches, flooding, hurricanes, sickness, etc.); (c) expenses incurred in recovering luggage lost by airlines, belongings left behind on a trip, or in shipping purchases or other goods home from abroad, (d) expenses incurred relating to any injury or medical treatment received during a trip including but not limited to doctor’s fees, hospital or medical facility expenses, transportation costs, evacuation, search, rescue or recovery costs, prescription drug costs, etc.
You agree that EXtreme reserves the right to take photographic or film records of any of our trips, and may use, re-use and reproduce any such records for promotional and/or commercial purposes without payment. You further agree that Extreme (7) may use, re-use and reproduce any images, photos or videos that you send to us, or that are taken by our third party suppliers and their guides and/or other travelers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promoting and publicizing our travel services worldwide. If you do not want us to use any images of you that are taken by us or other participants during the tour, you must inform us or your tour leader in writing at the start of the tour.