ADDITIONAL TERMS AND CONDITIONS
Right to Decline by Sea Trek: Sea Trek reserves the right to decline or not to retain any guest as a member of any Trip or to change or withdraw a Trip as circumstances demand.
Identity and Responsibility: Sea Trek is a California Limited Liability Company and acts only as an agent for the guest with respect to transportation, accommodations and other services offered on the Trip. Sea Trek (its Owners, Outfitters, Agents and Employees), subsidiaries, and assigns, and their respective employees, affiliates, officers, directors, successors, representatives, and agents will not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any third party or Other Provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by natural disasters, acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond Sea Trek’s control. The participant waives any claim against Sea Trek for any such loss, damage, injury, or death.
Itinerary Changes and Flexibility: Sea Trek commits to best efforts to operate each itinerary as published. However, this is adventure travel, and it must be understood that conditions in the locale may require some alterations based on local events, weather, and population. Guests are expected to be flexible as situations may arise that necessitate changes or exceptions to the itinerary. Sea Trek staff is constantly evaluating the trip experience for safety and for positive participant outcomes. Sea Trek reserves the right to alter or curtail the itinerary and substitute hotels, sightseeing and/or conveyances as it is deemed necessary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, well-being, or safety of the guests.
While we seek to have the accommodations and travel arrangements conform as close as reasonably possible to the description in our materials, you understand that adventure travel is, by nature, incapable of being subject to precise schedules and that room or transport changes may be required by events beyond our control. If you determine that accommodations or the travel arranged is substandard that they are not as represented, you should immediately notify us in writing so that attempts can be made to resolve the problem. Guest understands that if guest continues on the tour, guest cannot later claim a refund. Utilization of the services or accommodations provided shall act as a waiver of any claim against us for reimbursement.
Complaint Procedure and Arbitration of all Disputes: If a guest has any complaint regarding any Trip or otherwise alleges a breach by Sea Trek of the terms and conditions of this Agreement (collectively, a “Complaint”), as a condition precedent to taking any action of any nature, including, without limitation, processing a credit card payment challenge, the guest must first describe in writing the circumstances leading to the Complaint and deliver same to Sea Trek. Within a reasonable time of receipt of a Complaint but no greater than thirty (30) days, Sea Trek will review and provide a response to the guest (a “Complaint Response”). Without limiting the foregoing, only upon completion of a written Complaint and issuance of a Complaint Response may the guest dispute any credit card charge or commence any action.
ARBITRATION FOR CLAIMS EXCEEDING $5,000.00
Any and all disputes relating to this Agreement or its breach, or the trip described herein, in which the amount in controversy exceeds five thousand ($5,000.00) Dollars shall be settled by arbitration in San Francisco, California in accordance with the then current rules of the American Arbitration Association, and judgement upon the award entered by the arbitrator may be entered in any Court having jurisdiction hereof. Costs of arbitration, including reasonable attorney’s fees incurred in arbitration as determined by the arbitrator, together with any reasonable attorney’s fees incurred by prevailing party in Court enforcement of the arbitration award after it is rendered by the arbitrator, shall be paid to the prevailing party by the party designated by the arbitrator or Court. The arbitrator is directed to strictly apply the law of the State of California. THE PARTIES UNDERSTAND THAT THIS WAIVES THE RIGHT TO A JURY TRIAL AS TO ANY DISPUTE BETWEEN THEM. Any dispute below the amount of five thousand dollars shall be brought to Small Claims Court in San Francisco, California.
Cancellation by the Guest: Sea Trek must receive a cancellation notice in writing by email, or overnight courier, and the cancellation date will be the date on which Sea Trek receives the notice. If a flight or other delay for any reason prevents a guest from joining the Trip on the scheduled departure date and time, the guest will be considered a no-show, and Sea Trek will not provide a full or partial refund or credit toward a future Trip, but the guest may join the Trip late if practical.
Cancellation by Failure to Complete Payment: If a payment is not made by the specified deadline, Sea Trek reserves the right to cancel a guest’s participation, retaining the deposit already made.
Passports/Visas and Immunization Requirements: Guests are responsible for obtaining any documents required for their participation on a Trip such as a valid passport, all applicable visas, vaccination and potential immunity certificates, and any other documents, unless otherwise appointed in the itinerary. Failure to obtain documents does not negate the Terms and Conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the guest’s responsibility, including full cancellation of Guest’s trip.
Warranty Disclaimer:
IN NO EVENT WILL SEA TREK BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF GUEST HAS NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SEA TREK GRANTS NO WARRANTIES, EITHER EXPRESS OR IMPLIED HEREIN, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND GUEST WAIVES ALL CLAIMS FOR DAMAGES INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL DAMAGES OCCURRING OUT OF OR IN CONNECTION WITH TRAVEL DESCRIBED HEREIN.
Conflicting Documents
Guest expressly WAIVES all provisions and terms contained in any of Guest’s communications or correspondence which seek to negate, limit, extend or conflict with provisions herein and agrees that this Agreement constitutes the entire contract between Parties except as expressly negated, limited or extended by SEA TREK IN WRITING and signed by an officer of SEA TREK.
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