Please read carefully. The Booking Terms is our agreement, between you (the "Passenger") [hereinafter "you" or "I"] and us ("Florida Adventure Treks, LLC"). Florida Adventure Treks, LLC [hereinafter "us", "our", "we", or "Treks, LLC"] is a Florida Limited Liability Company formed under the laws of the State of Florida. In accordance with your participation on one of our tours, you agree to the following terms:
1. Seller of Travel
FLORIDA ADVENTURE TREKS, LLC is registered with the State of Florida as a
Seller of Travel. Registration No. ST36071.
2. Booking Requirements
If booking a tour at least eight (8) weeks prior to your tour departure date,
you must pay a deposit of US$200.00 to reserve your space. The remainder of
the tour price must be paid at least eight (8) weeks prior to your tour departure.
If booking a tour within eight (8) weeks of tour departure date, you must
pay the tour price in full at time of booking to reserve your space. Your
deposit or full payment, as the case may be, is non-refundable except as provided
in provision 5 of this Agreement.
In addition to the deposit or full payment, you must completely full out our
booking form and transmit it to our office via online submission, e-mail attachment,
facsimile, or postal mail. Your reservation will not be completed, and a spot
on your selected tour will not be reserved, until our office has received
your booking form and payment authorization has been made.
3. Deposit
Deposits are non-refundable. In the event you cancel your trek reservation
as provided in section five (5) of this Agreement or you fail to pay the full
trek price at least eight (8) weeks prior to trek departure, you acknowledge
and agree that your deposit and reserved space on the trek is forfeited. Notwithstanding
anything to the contrary contained herein, you may only apply your deposit
to another trek strictly in accordance with section four (4) of this Agreement.
4. Transferability of Payment
You may transfer the full amount you have paid toward your trek if (1) we
receive written notice from you of such request at least twenty-one (21) days
prior to your original trek departure date, (2) you pay the difference of
your selected trek price in the event it exceeds payment already made, and
(3) you pay a transfer fee of US$75.00. If we do not receive written notice
at least twenty-one (21) days prior to your original trek departure date,
your request will be treated as a cancellation under section five (5) of this
Agreement and a re-booking.
5. Passenger Cancellation and Refund Policy
In the event you wish to cancel your trek reservation for any reason, your
deposit will be forfeited and the following refund will be provided for the
remaining balance of your trek price already paid.
Cancel at least eight (8) weeks prior to your trek departure date: Eighty
percent (80%)
Cancel at least forty-two (42) days prior to your trek departure date: Fifty
percent (50%)
Cancel at least twenty-eight (28) days prior to your trek departure date:
Thirty percent (30%)
Cancel within twenty-eight (28) days of your trek departure date: Zero percent
(0%).
6. Company Cancellation Policy
In the event at least six (6) passengers do not register for a trek, we reserve
the right, without limitation whatsoever, to cancel said trek. You accept
complete responsibility for cancellation of your trek under this circumstance.
In the event we do cancel a trek pursuant to this provision, we will refund
the total amount paid by you to us or offer you a substitute trek of days
equal to or less than your original trek.
7. Pricing
The tour prices stated in our brochure and website are subject to change.
Occasionally, we may offer discounts or special rates on the tour prices.
You are not entitled to any discounts or special rates once you have reserved
your space on a tour.
8. Changes in Itinerary
We reserve the right, without limitation whatsoever, to alter the tour itinerary.
You will not be entitled to any refund of the tour price or compensated for
any inconveniences this may cause you. In the event we have to alter the tour
itinerary, we will make every reasonable effort to notify you prior to your
tour departure date.
9. Representation in Brochure/Website
All representations and information contained in our brochure and website
are made as a courtesy to you and are accurate to the best of our knowledge.
Furthermore, we accept no responsibility for any innocent inaccuracies contained
therein. You agree not to rely on any representations made, including without
limitation, information about visa requirements, vaccinations and immunizations,
climate, and travel arrangements, and you accept full responsibility for obtaining
all proper documents and travel supplies for your trek. All representations
contained in our brochure and website are subject to change without notice
to you. Please consult your local travel agent and/or country's consulate
for current and accurate information.
10. Acceptance of Risk & Cancellation
You understand that the nature of an adventure trek comes with inherent risks,
and you acknowledge that you accept responsibility for such risks while on
your trek. Additionally, in accordance with the provisions of this Agreement,
you accept complete responsibility for cancellation of your trek, whether
it is your cancellation, our cancellation, or cancellation due to an act of
god.
11. Trek Leader Authority
You acknowledge and agree that your trek leader has full authority over the
trek itinerary, including without limitation, alterations to the schedule,
location of overnight lodging locations, and amount of time spent at each
destination. Additionally, your trek leader may remove you from the trek for
any reason that may negatively effect or cause interruption to the trek experience,
including without limitation, behavior that may cause harm or danger to another
passenger or third party, commission of an illegal act while on your trek,
or use of illicit drugs during any part of your trek. You will disclose any
condition, medical or otherwise, that you have which may affect your or other
passenger's trek experience in your booking form.
12. Travel Insurance
You acknowledge that we have advised you to obtain a travel insurance policy
covering contingencies that may affect your trek, including cancellation of
the trek, lost or stolen luggage, health and dental issues, and your return
trip. We accept no liability for any injuries or stolen property you may sustain
from another passenger on your trek or third party. It is your responsibility
to obtain adequate travel insurance to cover risks that you may encounter
en route to your trek, during your trek, and on your return trip following
your trek.
13. Contact with Office
In the event you have a concern about your trek, you should notify your trek
leader of such concern. If your trek leader is unable to alleviate your concern,
contact out offices through our toll free number (888) 873-5735. If your concern
still remains after speaking to personnel in our office, you must contact
us in writing within 30 days following the completion of your trek. We will
use our best efforts to find a satisfactory response to your concern. Any
further action taken by you or us must be in strict accordance with provision
15(b) of this Agreement.
14. Nature of Trek
By agreeing to these Booking Terms, you acknowledge that you are aware of
the inherent risks that may be involved in your trek. You agree to abide by
all rules as stated by your trek leader, and abide by the rules of local outfitters
in charge of activities you elect to participate in. We do not accept responsibility
or assume liability whatsoever for injuries that you may sustain during your
trek.
15. Miscellaneous
(a) Severability - In the event that any provision in this Agreement, or its
application to any person or circumstance, is held invalid, illegal or unenforceable
by a court of law or other body with legal effect, the remaining provisions
of this Agreement, and such provisions as applied to all other persons and
circumstances, shall remain valid and legally enforceable to the fullest extent
permitted by law.
(b) Choice of Law/Jurisdiction - This Agreement shall be governed by and construed
in accordance with the laws of the State of Florida applicable to agreements
made and fully to be performed in such state, without giving effect to conflict
of laws principles. Both parties submit and consent to the exclusive jurisdiction
of any State or Federal court located in or around Palm Beach County, in the
State of Florida, for all disputes that are mediated, arbitrated, and/or adjudicated
under or subject to this Agreement, and hereby waive any jurisdictional, venue,
or inconvenient forum objections to such courts.
(c) Amendments - This Agreement may not be amended, changed, altered, or modified
without a written instrument signed by both parties.
(d) Waiver - A waiver, or election not to enforce, of any term or condition
of this Agreement in any instance by Us is not to be deemed or construed as
a waiver of such term or condition for the future, or any subsequent breach
thereof.
(e) Headings - The headings in the Agreement are for convenience only and
are in no way intended to describe, interpret, define or limit the scope,
extent or intent of this Agreement or any of its provisions.
(f) Integration - This Agreement embodies the entire understanding and agreement
of Artist and Label and supersedes any and all prior negotiations, understandings,
promises, or agreements of said parties.