BOOKING TERMS & CONDITIONS
By booking or participating or requesting booking or participation in a Trip and any related products or services including but not limited to group charters, private charters, sailing lessons and yacht deliveries hereinafter referred to as a “Trip” with Adventures Uncommon, LLC, d/b/a Mahalo Sailing & Charlie’s Charts hereinafter referred to as “Adventures Uncommon, LLC” or the “Trip Operator”, you hereinafter referred to as “you” agree to these Terms & Conditions hereinafter referred to as the “Terms”.
Conditions of Carriage:
If your Trip includes carriage by sea, the Conditions of Carriage available at http://www.mahalosailing.com/conditions-of-carriage.html also apply to your Trip, are expressly incorporated into these Terms and form part of your booking contract with the Trip Operator.
By booking a Trip you acknowledge that you have read, understand and agree to be bound by these Terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.
1. THE BOOKING CONTRACT
Your booking is confirmed and a contract exists when the Trip Operator issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to the Trip Operator immediately. Please ensure that names are exactly as stated in the relevant passport.
You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Trip Operator.
2. BOOKING ON BEHALF OF OTHERS
By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Trip booking, notifying the Trip Operator or your travel agent if any changes or cancellations are required and keeping your party informed.
By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and the Trip Operator will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
3. REQUIRED MEDICAL INFORMATION
You must provide any medical information reasonably requested by the Trip Operator and may be required to complete the Trip Operator’s medical information form (the “Medical Form”), available on the Trip Operator’s website at http://www.mahalosailing.com/medical_form
Medical Forms are mandatory for all Trips. If you have any pre-existing medical conditions which may impact your ability to travel, participate in a Trip, travel to remote areas without access to medical facilities or may adversely affect the experience of others on your Trip, you must return a Medical Form, signed by a licensed and practicing physician to the Trip Operator prior to or at the time of final payment for the applicable booking.
The Trip Operator reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Trip.
The Trip Operator reserves the right to deny you permission to travel or participate in any aspect of a Trip at any time and at your own risk and expense where the Trip Operator determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others. This judgment of fitness for travel / participation is at the sole discretion of Adventures Uncommon, LLC and may not be challenged.
Pregnancy is considered a medical condition and must be disclosed to the Trip Operator at the time of booking. The Trip Operator may refuse to carry pregnant women over 24 weeks. The Trip Operator may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.
In the event that you do not complete the required Medical Form or provide medical information reasonably required by the Trip Operator for any reason by the deadline indicated above, the Trip Operator reserves the right to cancel your booking and all applicable cancellation fees will apply.
You are responsible for assessing whether a Trip is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. The Trip Operator does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Trip based on your own unique circumstances, limitations, fitness level and medical requirements.
Travel with the Trip Operator may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Trip varies and the Trip Operator makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.
4. SPECIAL REQUIREMENTS
Any special requirements must be disclosed to the Trip Operator at the time of booking. The Trip Operator will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to the Trip Operator at the time of booking but the Trip Operator cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and the Trip Operator and the Trip Operator is not liable for any failure to accommodate or fulfill such requests.
5. AGE REQUIREMENTS
Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult.One adult may accompany up to two minors. Unless otherwise indicated in the Trip description or by the Trip Operator, the minimum age for minors travelling on any Trip is 12 years old.
All bookings with a minor are subject to review and approval by the Trip Operator. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. The Trip Operator will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.
Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, well-being, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. The Trip Operator does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).
6. INSURANCE RECOMENDATIONS
We encourage you to purchase travel insurance and recommend a minimum of: Medical, Evacuation and Repatriation Coverage of $200,000 covering all applicable dates of travel with the Trip Operator. This insurance should cover personal injury and emergency medical expenses. If you purchase this insurance, provide a copy to your Mahalo Sailing representative not later than the first day of your Trip. You are strongly encouraged to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of any Trip offered by the Trip Operator and you are strongly encouraged to obtain separate coverage at an additional cost. It is your responsibility to make this decision and ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.
7. PRICES, SURCHARGES AND TAXES
The published price of the Trip and any products or services offered by the Trip Operator is subject to change at any time, before or after booking confirmation, up to 30 days before departure. Trips are priced and advertised exclusive of applicable sales taxes. After a confirmation invoice has been issued by the Trip Operator, the Trip Operator reserves the right to impose surcharges on any products or services booked for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable products or services; provided however, the Trip Operator will only do so where the increase in question is greater than 2% of the original price paid for the products or services (excluding add-ons, insurance, and taxes). Upon learning of the necessity to impose a surcharge in accordance with this section the Trip Operator will provide notice to you as soon as reasonably possible.
Where the increase in price is greater than 7% of the original price of the applicable products or services (excluding add-ons, insurance and taxes), you may choose to either:
(a) cancel the applicable booking without incurring any penalty; or
(b) accept the change of price.
You must notify the Trip Operator of your choice within 14 days of receipt of notice of the increase or you will be deemed to have accepted the price change and will be liable for payment of the increase.
From time-to-time the Trip Operator may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where the Trip Operator has received payment of at least a deposit are not entitled to reduced pricing.
All dates, itineraries and prices of Trips are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance these Terms.
You acknowledge that you are responsible for keeping up to date on the specific details of your Trip and any other products or services, including, but not limited to checking the Trip Operator’s website at least 72 hours prior to departure as minor changes may have been made after the time of booking.
At the time of booking, a non-refundable deposit as listed in the website information for each Trip per person per Trip is due to the Trip Operator.
If the booking is made 60 days or less prior to departure, payment of the full amount (deposit and balance) is due at the time of booking.
Certain products or services of the Trip Operator may require you to provide a higher deposit of make full payment at the time of booking. The Trip Operator will advise you of any such requirements prior to confirmation of the applicable booking.
If you cancel your booking, and that cancellation is not a result of nonpayment or any other breach of these Terms, the deposit amount will be held as a “Lifetime Deposit” with the Trip Operator, subject to these Terms. Lifetime Deposits have no expiry and may be applied towards payment of a deposit on any other Trip offered by the Trip Operator. The Lifetime Deposit is transferable and may be transferred by you to another individual of your choosing by providing notice to the Trip Operator in writing.
For the avoidance of doubt, only the deposit amount will form part of the Lifetime Deposit. The Lifetime Deposit has no cash value. Only one Lifetime Deposit may be applied per person per product booked. A Lifetime Deposit must be applied to a new Trip booking that is of equal or greater value to the cancelled Trip for which the Lifetime Deposit was originally received. A Lifetime Deposit may not be applied to the same or similar dates of travel.
10. DETAILS REQUIRED FOR BOOKING
As a condition of booking, you must provide the information requested by the Trip Operator along with final payment. If you fail to provide all required information prior to the date on which full payment is due, an administrative fee will be charged for any costs incurred by the Trip Operator as a result of your failure to provide the required information. If you fail to supply information required by the Trip Operator for air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by the Trip Operator, the Trip Operator also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by the Trip Operator, in its sole discretion. The information required by the Trip Operator will vary by Trip and will be communicated to you or to the Trip Operator’s authorized agent during the booking process. The Trip Operator will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.
Trip prices do not include international or other airfare unless expressly mentioned in the Trip website description. On some trips, but not all, the Trip Operator will provide group travel rates arranged by a travel agent of the Trip Operators choice who will quote the best price available for the travel dates requested at the time the quote is prepared. Quotes provide an estimate only and are not a firm price commitment by the Trip Operator, travel agent or the applicable air carrier(s).
The Trip Operator acts only as a pass through recommendation to the travel / sales agent for the applicable air carrier and the air carrier terms and conditions apply to the purchase and use of the air travel ticket. Please consult the air carrier’s applicable terms and conditions and conditions of carriage for complete information including applicable cancellation terms. The Trip Operator is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air travel tickets, flight status or delays.
12. FINAL PAYMENT & ACCEPTANCE OF BOOKING
The confirmation sent by the Trip Operator or your travel agent will contain details of final payment required for any booking. Payment of the balance of the price for any products or services booked is due 60 days before the departure date of the first product or service included in the applicable booking. If full payment is not received by the applicable due date, the Trip Operator may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee. If a booking is made less than 60 days before the departure date of the first product included in the applicable booking, then the full amount must be paid at the time of booking. If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking.
The Trip Operator is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the Trip Operator.
13. CANCELLATION BY THE PARTICIPANT
You may cancel your booking by notifying the Trip Operator. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by the Trip Operator and are expressed as a percentage of the total price paid for the cancelled Trip, product or service (excluding any insurance products).
Cancellation of a Trip:
(a) Cancellation received 60 days or more before departure of first product or service in relevant booking: Lifetime Deposit will be held by the Trip Operator in accordance with these Terms, the remainder of the payments made to the Trip Operator in respect of the cancelled product will be refunded.
(b) Cancellation received 59-30 days before departure of first product or service in relevant booking: Lifetime Deposit will be held by the Trip Operator in accordance with these Terms, an amount equal to 50% of the remainder of the payments made to the Trip Operator in respect of the cancelled Trip will be refunded.
(c) Cancellation less than 30 days before departure of first product or service in relevant booking: Lifetime Deposit will be held by the Trip Operator in accordance with these Terms, and no further refund will be payable.
For certain products of services the Trip Operator, alternative cancellation terms may apply. The Trip Operator will advise you of any such requirements prior to confirmation of the applicable booking.
Cancellation of Arrival Transfers, Pre and Post Night Accommodations and optional activities booked directly with the Trip Operator:
(a) Cancellation 31 days or more before departure: you will receive a full refund in respect of cancelled Arrival Transfers, Pre and Post Night Accommodations and optional activities less cancellation fees charged to the Trip Operator by sub tier suppliers.
(b) Cancellation 30 days or less before departure: No refund will be payable in respect of any cancelled Arrival Transfers, Pre and Post Night Accommodations and optional activities.
14. GUARANTEED DEPARTURES & CANCELLATION OF A TRIP BY THE TRIP OPERATOR
A departure date for a Trip offered by the Trip Operator will become a guaranteed departure when at least one booking secured by a valid deposit has been made on that departure.
The Trip Operator guarantees that all scheduled Trip departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonably itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Trip and itinerary information is available on the Trip Operator’s website or by contacting the Trip Operator. Brochures and other printed materials displaying Trip information and departure dates are subject to change may not be relied upon for purposes of this guarantee.
If the Trip Operator cancels a Trip before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from the Trip Operator:
(a) a substitute Trip of equivalent or superior value; or
(b) a substitute Trip of lesser value if no Trip of equivalent or superior value is reasonably available and to recover from the Trip Operator the difference in price between the price of the Trip originally purchased and the substitute Trip; or
(c) a full refund of all monies paid for the cancelled Trip.
The Trip Operator is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, the Trip Operator reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Trip as described cannot be provided after departure, the Trip Operator will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, the Trip Operator may provide you with a refund for unused products or services as determined in its discretion.
15. TRAVEL DOCUMENTS
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with the Trip Operator as set out on your itinerary.You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Trip, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by the Trip Operator that is a direct result of your failure to secure or be in possession of proper travel documentation. The Trip Operator does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that the Trip Operator is not responsible for any errors or omissions in this information.
16. FLEXIBILITY & UNUSED SERVICES
You acknowledge that the nature of adventure travel requires flexibility and acknowledges that they will permit reasonable alterations to products, services or itineraries by the Trip Operator. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Trip Operator (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Trip Operator, including your removal from a Trip because of your negligence or breach of these Terms.
Changes made by the Trip Operator:
The Trip Operator may modify your itinerary where reasonably required in its sole discretion. If the Trip Operator makes a change affecting at least one in three full days of the itinerary or which materially affects the character of a product or service in its entirety (a “Material Change”), the Trip Operator will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 14 days before departure, you may choose to:
a) accept the Material Change and proceed with the amended product or service;
b) book another product or service of equal or greater value, if available (you will be responsible for paying any difference in price); or
c) book another product or service of lesser value, if available (with a refund payable to you for the difference in price); or
d) cancel the amended product or service and receive a full refund for the on-water portion of the applicable product or service (a refund is not available for other products or services booked which are not subject to a Material Change).
You must notify the Trip Operator of your choice within 7 days of receiving notice or you will be deemed to accept the amended itinerary.
Once a Trip has departed, itinerary changes may be necessary as a result of weather, unforeseen circumstances, operational concerns or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the Trip Operator. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Trip Operator, whether or not such expenses arise from a change of itinerary, and the Trip Operator is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Trip Operator will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.
Changes made by you:
You are responsible for ensuring that information provided to the Trip Operator is accurate and up-to-date. Any changes to your name on any booking are subject to the Trip Operator’s approval. Any changes to a booking depend on availability and are subject to the Trip Operator’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Trip, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of departure of the first product or service on the applicable booking.
18. ACCEPTANCE OF RISK
You acknowledge that adventures travel and the products and services offered by the Trip Operator may involve a significant amount of risk to your health and safety. By traveling with the Trip Operator you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases the Trip Operator from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Trip itineraries or otherwise offered by the Trip Operator.
You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Trips take place are often lower than the standards you may reasonably expect in your home country or region. You agree that the Trip Operator is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Trip, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Trip or, if in the opinion of the Trip Operator (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, the Trip Operator may terminate your travel arrangements on any product or service immediately at your expense and without any liability on the Trip Operator’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by the Trip Operator or the Trip Operator’s suppliers for property damage, destruction or theft caused by you while on a Trip. You agree to immediately report any pre-existing damage to a representative of the Trip Operator and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all prudent measures in relation to your own safety while on Trip including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Trip Operator nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
You agree to bring any complaints to the Trip Operator as soon as possible in order to provide the Trip Operator with the opportunity to properly address such complaint. You agree to inform your Trip leader, another representative of the Trip Operator or the Trip Operator’s customer service department directly. The Trip Operator assumes no liability for complaints that are not properly brought to the attention of the Trip Operator and cannot resolve or attempt to resolve complaints until proper notice is provided. The Trip Operator must receive any complaint made after the completion of a Trip in writing within 30 days of the last day of travel of the booking in question.
19. THE TRIP OPERATOR IS NOT LIABLE FOR THIRD PARTY SUPPLIERS
The Trip Operator makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, Trip and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Trip Operator takes all reasonable care in selecting Third Party Suppliers, the Trip Operator is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the Trip Operator does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
THE TRIP OPERATOR IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN THE TRIP OPERATOR AND ITS EMPLOYEES.
The Trip Operator is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
20. OPTIONAL EXTRAS
“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Trip itinerary or price of the Trip and do not form part of the Trip. You agree that any assistance given by the Trip Operator’s recommended providers in arranging, selecting, or booking, any Optional Extras is purely at your request and the Trip Operator makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the Trip Operator regarding any Optional Extras. You release the Trip Operator from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.
You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.
The Trip Operator and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for:
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 other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and
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 acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against the Trip Operator for any such loss, damage, injury, or death.
In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of the Trip Operator or of the Third Party Suppliers of any services which form part of the booking contract then the Trip Operator limits its liability, where applicable by all applicable international conventions.
Carriage of passengers and their luggage by sea is governed by the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), as amended (the “Athens Convention”) which is expressly incorporated into these Terms and any liability of the Trip Operator and the Carrier (as that term is defined in the Athens Convention) for death or personal injury or for loss or damage to luggage arising out of carriage by sea will be determined solely in accordance with this Convention. The Athens Convention limits the Carrier’s liability for death or personal injury or loss or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to the Guest unless written notice is given to the Trip Operator and/or the Carrier:
(a) in the case of apparent damage, before or at the time of disembarkation or redelivery; or
(b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.
Any damage payable by the Trip Operator up to the Athens Convention limits will be reduced in proportion to any contributory negligence by you and by the maximum deductible specified in Article 8 (4) of the Athens Convention. Copies of the Athens Convention are available from the Trip Operator on request.
In so far as the Trip Operator may be liable to you in respect of claims arising out of carriage by sea, the Trip Operator is entitled to all the rights, defenses, immunities and limitations available, respectively, to the actual carrier and under the relevant Conventions, and nothing in these Terms will be deemed as a surrender thereof. To the extent that any provision in these Terms is made null and void by the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but not further. The Trip Operator’s liability will not at any time exceed that of the carrier under its Conditions of Carriage and applicable or incorporated conventions or other legislation. Any liability in respect of death and personal injury and loss of and damage to luggage which the Trip Operator may incur, whether under the contract with you in accordance with these Terms or otherwise, will always be subject to the limits of liability contained in the Athens Convention for death or personal injury.
Notwithstanding anything to the contrary elsewhere in these Terms, the Trip Operator will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability the Trip Operator may incur for the negligent acts or omissions of its suppliers will be limited to a maximum of the price which you paid for the applicable Trip, not including insurance premiums and administration charges. Where this relates to loss or damage to luggage and other personal possessions then the Trip Operator liability will not exceed $1,000 USD. The Trip Operator will not at any time be liable for any loss of or damage to valuables of any nature. You agree that you will be precluded from making a double recovery by making the same claims and seeking recovery against the Trip Operator and its suppliers, contractors or other third parties.
22. FORCE MAJEURE
The Trip Operator will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Trip Operator failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Trip Operator; or an event which the Trip Operator or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.
23. IMAGES AND MARKETING
You agree that, while participating in any Trip, images, photos or videos may be taken by other participants, the Trip Operator or its representatives that may contain or feature you. Additionally, any photographs taken by you on equipment including cameras, video recorders and phones belonging to the Trip Operator become the property of the Trip Operator. You consent to any such pictures being taken and grant a perpetual, royalty-free, worldwide, irrevocable license to the Trip Operator, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you. This agreement further extends to any photograph that you take and freely share with the Trip Operator.
If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.
In the event that any of these Terms are breached, inaction on the part of the Trip Operator does not constitute acceptance of the breach nor empair the right of the Trip Operator to pursue action regarding the breach at any time in the future.
26. CONTRACT PARTIES & SUCCESSORS
These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.
27. APPLICABLE LAW
The Contract and these Terms are subject to the laws of the State of California, USA and you submit to the exclusive jurisdiction of the courts located in Orange County, California, USA for the resolution of any dispute under these Terms or concerning any Trip, product or service.
The Trip Operator reserves the right to update or alter these Terms at any time, and will post the amended Terms on the Trip Operator’s website at www.mahalosailing.com/terms-conditions/ Any amendment will take effect 10 days after being posted to the Trip Operator’s website. An up-to-date copy of these Terms, as amended, may be accessed at any time on the Trip Operator’s website and will be sent to you upon written request to the Trip Operator. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Trip Operator’s website. The Trip Operator recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.
29. ADDITIONAL TERMS APPLICABLE ALL ACTIVITIES ARRANGED BY THE TRIP OPERATOR
Code of Conduct
The Trip Operator seeks to operate in an open and friendly atmosphere, where all guests, Trip Operators, employees and staff of venues and other persons are treated with respect and courtesy. You accept this responsibility by signing up for a Trip. Participation in a Trip is a privilege. The Trip Operator reserves the right to refuse registration for any Trip to any person for any reason at their sole discretion.
As a prospective or accepted Trip participant, you are expected to:
Treat Trip Operator, its owners, officers, employees, guests, staff of venues and other persons with respect and courtesy.
Behave responsibly and ensure that your conduct will not injure the reputation of Adventures Uncommon, LLC, its owners, officers, employees, events, participants or sponsors.
Not harass, physically, verbally or in writing, the Trip Operator, its owners, officers, employees, guests, participants, 3rd party service providers or sponsors in all venues, locations and media, inclusive of Social Media.
Breaches of this Code of Conduct:
Any prospective or accepted participant that does not adhere to the Code of Conduct related to any Adventures Uncommon, LLC Trip, event or business activity, including boat and other trade shows, may be denied registration and / or participation in the Trip, event or business activity or show and may be asked to leave the Trip, event, business activity or show. This includes past behavior deemed unacceptable, incompatible or otherwise detrimental to Trips, the Trip Operator, guests, participants, third party affiliates or any event, business activity or show involving the Trip Operator. Decisions related to breach of the Code of Conduct, including past behavior, are at the sole discretion of the Trip Operator. If you are denied registration you are not be entitled to any damages, compensation or reimbursement of money spent related to outside services such as airfare. If you are asked to leave a Trip, event, business activity or show, you will not be entitled to a refund of any monies paid.
The Trip Operator reserves the right to refuse registration for and / or participation in any Trip or any event affiliated with Adventures Uncommon, LLC to any person for any reason, at the sole discretion of the Trip Operator.
Last updated July 2018