I, the Traveler, voluntarily apply to participate on a trip arranged by C.C.M.S, LLC (herein referred to as Planner) with knowledge that adventure travel to foreign countries visited by this trip involves numerous risk and dangers. I also understand that standards such as accommodations, transport, medical service and other factors will not necessarily be maintained or operated to standards common in the United States, or on a conventional tour.
Assumption of all Risks: The Planner, its employees, successors, affiliates, and agents does not own or operate any entity which provides goods or services for your trip including, for example, lodging facilities, bus, plane, train, yacht or other transportation companies or devices, food service providers, equipment suppliers, etc. By utilizing the travel services of these independent suppliers, the Planner is not liable for any negligent or willful act or failure to act of any such person, or of any other third part. I understand the responsibility of the Planner is strictly limited. As a US-based tour company, the Planner organizes, promotes, and sells tour programs consisting of, but not limited to, the travel services mentioned above which the Planner purchases or reserves from various suppliers on my behalf. I am aware, and I clearly understand, that the suppliers providing travel services for tour programs sold by the Planner are independent contractors and are not agents or employees of the Planner nor does the Planner act as agents for any supplier of travel services.
I acknowledge that I am voluntarily participating in the tour designated on the registration form (or a trip to which I may subsequently transfer) with the knowledge of the numerous risks and dangers involved including but not limited to: physical exertion for which I am not prepared, forces of nature, transportation failures whether by plane, train, auto, boat, by foot, or by any other conveyance; consumption of alcoholic beverages; risks associated with food or impure water; civil unrest, terrorism; criminal activity; dangers associated with wild or other animals; breakdown or faulty maintenance of equipment; insufficient instruction of assistance; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and stolen, lost or misplaced luggage or property. I understand the Planner will have no liability regarding the adequacy of any evacuation plan, medical care, equipment or supplies that may be provided. I acknowledge that the enjoyment of travel 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. C.C.M.S., LLC has no special knowledge regarding the financial condition of suppliers, unsafe conditions, health hazards, weather hazards or climate extremes at locations to which you may travel.
I HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATTED EVENTS, INCONVENIENCE, ILLNESS, INJURY, LOSS, EMOTIONAL TRAUMA OR DEATH. I acknowledge that the cost of all of the Planner’s trips is based upon trip participants executing the Release of Liability, Assumption of All Risk and Arbitration Agreement. Therefore, as lawful consideration for being permitted to participate on such trip(s), I HEREBY RELEASE AND DISCHARGE FOREVER C.C.M.S., LLC, FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM MY PARTICIPATION IN THE TOUR. I agree that this release shall be legally binding upon me personally, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representative, it being my intention fully to assume all the risks associated with this trip and to release the Planner from any and all liabilities to the maximum extent permitted by law. For travel alert info: www.travel.state.gov. For health info: www.cdc.gov/travel.
Binding Arbitration: In the unlikely event of any dispute concerning, relating, or referring to this contract, the brochure or any other literature concerning my tour, or the tour itself, I agree to the following conditions: 1) the dispute shall be resolved exclusively by binding arbitration in Sierra Vista, Arizona , according to the existing rules of the American Arbitration Association; 2) the maximum amount of recovery to which I will be entitled from the Planner under any and all circumstances shall not exceed the amount of the fee for professional services, less actual expenses incurred in arranging my travel. Such proceedings shall be governed by substantive Arizona law. Should any part of this contract be found invalid or not enforceable by a court of law, then the remaining portion shall continue to be valid and in force.
1. PAYMENT AND ACCEPTANCE OF BOOKING
Anyone wanting to make a booking must complete the Registration Form and sign the Terms and Conditions and Liability Release. The person(s) included on the registration form are referred to as the “client” below. All clients will be bound by the conditions that follow. All bookings are made with C.C.M.S., LLC herein referred to as the Planner, which sells the tours and provides the services described in the brochure and website.
The registration form must be completed and signed by all those who wish to travel. The form should then be returned to the Planner with a non-refundable deposit per trip. If a booking is made 60 days or less before the departure date then the full amount is due at the time of booking. Acceptance of the client’s booking must be confirmed in writing and it is only at this stage that a contract comes into existence. The balance of the tour cost is due 60 days before the departure date. If this balance is not paid at that time, the Planner reserves the right to treat the client’s booking as cancelled by the client and is subject to the cancellation fees below.
2. CANCELLATIONS AND REFUNDS
The trip deposit is non-refundable;
If trip is cancelled 60+ days prior to departure, the 30% deposit is non refundable.
60% of the trip balance due will be refunded 59-30 days prior to travel
$0 will be refunded less than 30 days prior to travel.
A cancellation must be made in writing; the date received determines the fees charged. The client is strongly urged to purchase trip cancellation insurance. Payments due at the time of cancellation remain the responsibility of the client.
The Planner reserves the right to cancel a tour due to any unusual or unforeseen circumstance outside the company’s control or due to consolidation because the minimum number of persons participating was not reached. In either case, the client may choose a full refund of all payments made or an alternative tour offered by the company. If the alternative tour chosen by the client is of lesser or greater value than the tour originally booked, then the client will be entitled to a refund of the price difference or be required to pay the price difference, however the case may be. No partial refunds are possible for unused services, such as hotels, transport, etc.
3. SINGLE SUPPLEMENT
The trip prices are based on shared occupancy. Single accommodations can often be arranged for an extra cost. If you are traveling alone and wish to share with another traveler, we shall attempt to assign you a same gender roommate.
4. MEDICAL FITNESS AND AGE
Good physical and mental health is essential for the enjoyment of these tours. By forwarding the deposit, the client certifies that he/she does not have any physical or other conditions that would create a hazard for him/her or other travelers. Once the trip has been confirmed, medical conditions will not be considered as exceptions to the cancellation policy.
5. TOUR CHANGES
The itinerary as stated for each tour must be taken only as an indication of what each group may accomplish and not a contractual obligation. The client acknowledges that the nature of travel in these areas requires significant flexibility and should allow for changes. The client understands that the amenities, type of transport, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems and other unforeseeable factors. Thus, the Planner reserves the right to change any of the services and facilities described in the tour descriptions before a booking is made. In such a change is made, the client will be told at the time of booking. If the Planner makes a major change, the company will inform the client as soon as possible if there is time before departure.
6. TRAVEL DOCUMENTS
The client must have possession of a valid passport and all visas, permits and vaccination certificates, if required, for the entire tour. Information given by the Planner on visas, vaccinations, climate, clothing, baggage, etc. is given in good faith but without responsibility on the part of the Planner.
7. INSURANCE
It is strongly recommended that you purchase trip cancellation/medical emergency insurance. C.C.M.S., LLC, will not assume responsibility for any personal accident, medical expenses, air ambulance, loss of effects, airline schedule changes or cancellations or any other expenses incurred by participants on our tours. You may submit your trip insurance application directly to the company at www.csatravelprotection.com or call 800-348-9505.
8. CHANGES BY THE CLIENT
The client may only make changes to a booking up to 60 days before departure. Administrative and additional costs will be charged. A transfer from one tour to another can only be requested 60 days before the departure date of the first booked tour. If the requested transfer is accepted, there will be an administrative fee of 10% of the value of the first booked tour. A request to transfer received less than 60 days before departure will not be accepted. In this case the client must cancel the booking and then rebook on another tour.
