TERMS AND CONDITIONS
ALL STAR ADVENTURES, LLC BOOKING TERMS AND CONDITIONS
1) Legality:
The prices listed by All Star Adventures, LLC (“the Company”, “we”, “our”, “us”) are based on the costs and exchange rates current at the time of publishing. The Company reserves the right to alter these prices at any time. For trips departing between January 1, 2010 and December 30, 2010, the land price of your trip is guaranteed when you have paid in full.
The itineraries and dates listed on our website are applicable from January 1, 2010 until December 30th, 2010. All published information is accurate to the best of our knowledge at the time of publishing, but please note that changes to our trips (which can be significant) can and do occur. The Company will make every effort to keep the client informed of any changes, but cannot be held liable for any alterations made to the published itineraries. Please refer to our website for the most recent update to any trip.
2) Contract:
To secure a booking, the Company requires a completed booking form together with a deposit of 20 – 50% of the total per person price of the trip or, if there are less than 60 days remaining until the trip is due to commence, the Company requires full payment of the trip. A booking is accepted and becomes definite only from the date when the Company has confirmed acceptance by issuing the client with a Trip Confirmation email. It is at this point that a contract between the Company and the Client comes into existence. Before your booking is confirmed and a contract comes into force, the Company reserves the right to decline any booking at their discretion. The contract is between the Company and the Client, being the person named on the booking form. The contract, including all matters arising from it, is subject to United States law and the exclusive jurisdiction of the United States Courts. No employee, contractor or sub-contractor of the Company other than a director has the authority to vary or omit any of these terms or promise any discount or refund.
3) Payment for your trip:
The balance of all monies due, including any surcharges applicable at that time, must be paid to the Company not later than 60 days before departure. In the case of non-payment of the balance by the due date the Company will treat the booking as canceled by the Client.
4) Cancellations:
Cancellation by the Client for a scheduled itinerary found on www.allstartrips.com:
Loss of monies paid applies to all canceled reservations. The date of trip cancellation is the date on which the written cancellation is received by the Company. The loss of monies paid is as follows, per person: Cancellation 90 days or more prior to trip departure — 25% of deposit
Cancellation 60 to 89 days out — 50% of total trip or trip cost
Cancellation less than 60 days out — 100% of total trip or trip cost
No refunds for early departure from trip or a trip for any reason
Refunds will be at the discretion of the Company if you are involuntarily forced to leave a trip for any reason. No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilized.
I understand that if the Company grants me a refund on my deposit or payment in full at their discretion I will accept the amount they grant me as payment in full and will have no further right to any claims or monies from the Company, their agents, representatives, employees, or sub-contractors. I agree not to directly or indirectly compete with the business of the Company in Cities and regions in which the Company is currently established and its successors and assigns. I agree not to make written or oral statements about the other party relating to the subject matter of this Agreement that are willfully, and with malice, negative or disparaging.
5) Cancellation by the Company:
The Company reserves the right to cancel any trip if the trip does not attract the minimum number of clients required to make the trip financially viable. The Company will not, however, cancel a trip any later than three weeks prior to the commencement of the trip. A stipulation to this — the Company reserves the right to cancel a trip at any stage prior to the scheduled departure due to terrorism, natural disasters, political instability or other external events which make it unviable for the Company to operate our planned schedule. In such a case, the Company will, at its own discretion, refund the trip price only.
6) Booking Amendments:
If you wish to change your booking in any way, you must contact us as soon as possible and we will accommodate your request to the best of our ability. Surcharges may apply.
7) Substitution of a Client:
If any member of the party is prevented from traveling because of the death, injury or serious illness of the passenger, close relative or friend, or jury service, it may be possible to transfer the booking to another suitable person (acceptable to the Company) provided that written notice is given at least 30 days prior to departure. An administration fee of up to $250 may be imposed by the company to cover non-refundable costs. Airlines may impose 100% cancellation charges and the cost of a new ticket.
8) Surcharges:
Prices on this website that are not quoted in local currency (relative to the trip) are based on a recent currency conversion rate in US Dollars. The Company reserves the right to change the trip costs to take account of the following items: government action, fluctuations in currency exchange rates, and transportation costs, including the cost of fuel, over-flying charges, airport charges and increases in scheduled air fares (where applicable). The Company will not absorb any increase in booking price should a surcharge be necessary. The Client will have to pay necessary surcharges.
9) Insurance:
Travel insurance is mandatory for all clients joining a trip organized by the Company. It is mandatory that this travel insurance covers adequate personal accident, medical, evacuation and repatriation expenses, as well as cancellation, curtailment, loss of effects and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the client. Clients, together with their personal property including baggage, are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance. When purchasing insurance, clients should ensure that there are no exclusion clauses limiting protection for the type of activities in their trip.
10) Passport, Visa and Vaccinations:
It is the responsibility of the Client to be in possession of a valid passport, visa permits, inoculations and preventative medicines as may be required for the duration of the trip. Information about these matters or related items is given in good faith but without responsibility on the part of the Company.
11) Responsibility:
You acknowledge that participating in our trips requires a degree of flexibility, and understand that the route of a trip, accommodation and modes of transport are subject to change without prior notice due to local circumstances. Should the Company deem it advisable to amend an itinerary for any reason, it may do so by shortening, varying or re-routing any trip. These changes are binding and additional expenses will be charged to you if the reason for any alteration is outside the Company’s control. While traveling with the Company you agree to accept the authority of the leader and/or local operator at all times. You are aware that travel within a group may involve compromise to accommodate the diverse desires and physical abilities of group members. You understand that the Company reserves the right to decline, accept, or retain any person as a member of the group at any time. You acknowledge that the Company contracts with a network of companies, government agencies and individuals to assist in the running of its trips. To the best of the Company’s knowledge, these third parties are qualified to perform the duties they are contracted to perform. However, the Company will not be held liable for any injury including death, damage, loss, delay or irregularity that may occur due to the behavior of these third parties. The Company will not accept responsibility or liability for any client who contravenes any law or regulation of any country visited. No employee, contractor, sub-contractor, servant or agent of the Company has authority to vary these conditions. This agreement is governed by the laws of The United States of America.
12) Expectations:
The Company does its utmost to ensure you a rewarding and enjoyable travel experience with us. In the case where we offer coaching and guiding, we also endeavor to provide you with the best possible learning experience. We understand that expectations vary greatly from person to person, however, and we cannot guarantee to meet all the expectations of the various people who attend our trips. By agreeing to these terms and conditions you accept that the Company will not be held accountable if our trips do not meet your particular expectations. This includes, but is not limited to, meeting your expectations regarding the quality or quantity of snow, ski or snowboard areas, surf breaks, beaches, skateboard parks, skateboard spots, mountain bike trails, snowmobile areas and excreta, the quality or quantity of coaching and guiding, the quality or type of accommodation, the standard or type of transportation, the style of trip leadership and organization, and the extent of your improvement in snowboarding, skiing, surfing, skateboarding, mountain biking or any other sport we instruct on the trip.
13) Dangers:
Traveling with the Company may involve risks above and beyond those encountered on a more unadventurous holiday. Vacations involving snowboarding, skiing, surfing, skateboarding, mountain biking, snowmobiling and other sports and activities we include have inherent dangers that can result in serious injury and even death. Our use of guides and coaches can help to reduce these dangers but it cannot eliminate them. You must be prepared to accept the risks associated with snowboarding, skiing, surfing, skateboarding, mountain biking, snowmobiling, and other sports and activities we include if you attend our trips. Likewise, you must also be prepared to accept responsibility for your own actions during our trips. Although our guides and coaches may provide you with advice and directions it is ultimately your responsibility to determine where your limits of capability and experience are and to avoid crossing these limits. We will not be held accountable for the choices and decisions you make during our trips.
Our vacations may also involve dangers due to the countries and regions we visit. The Company visits some geographical regions where, among other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications, and infrastructure may not be of the standard that you are used to or would find on a more conventional holiday. The safety of roads and standard of driving practices may also be lower in some of these regions relative to what you are accustomed to. Although we do our utmost to ensure that our drivers adhere to local driving laws and drive carefully and safely, we cannot guarantee your safety while driving with us and will not be held accountable for road accidents that occur during your travels with us.
By agreeing to these terms and conditions you accept the risks outlined in the above two paragraphs and fully assume the risks of traveling with the Company. You agree to release the Company from any liabilities connected to these risks.
14) Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (hereafter the “Release Agreement”)
By agreeing to this release agreement you will waive certain legal rights, including the right to sue. Please read carefully!
To: All Star Adventures, LLC., and their directors, officers, employees, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns (all of whom are hereafter collectively referred to as “the RELEASEES”).
Assumption of Risk: I am aware that snowboarding, skiing, surfing, mountain biking, rock climbing, bungee jumping, sky diving, trampoline, skateboarding, snowmobiling and any other activities offered by the Company involve the risk of injury. I am aware that there is a risk of negligence by the Company and/or the trip operator, including the failure by the Company and/or the trip operator to safeguard or protect me from or warn me of the risks, dangers and hazards of snowboarding, skiing, surfing, mountain biking, rock climbing, bungee jumping, sky diving, trampoline, skateboarding, snowmobiling, and any other activities. I freely accept and fully assume all risks, dangers and hazards associated with participating in an All Star Adventures, LLC trip and the possibility of loss, personal injury or death resulting there from.
15.) Minimum Age; Parent Or Guardian
By submitting a trip or trip registration you certify that you are at least 18 years old. If the person who you are registering for an event is less than 18 years old, you certify that you are the parent or legal guardian of the registrant.
In consideration of booking an All Star Adventures, LLC trip I hereby agree as follows:
1) To waive any and all claims that I have or may in the future have against the RELEASEES and to release the RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next-of-kin may suffer as a result of an All Star Adventures, LLC trip due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty of care, on the part of the RELEASEES, and further including the failure on the part of the RELEASEES to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in an All Star Adventures, LLC trip.
2) To hold harmless and indemnify the RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in an All Star Adventures, LLC trip;
3) This Release Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4) This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of The United States of America and no other jurisdiction; and
5) Any litigation involving the parties to this Release Agreement shall be brought solely within the United States of America and shall be within the exclusive jurisdiction of the Courts of the United States of America County of Pitkin Colorado.