Terms and Conditions of Sale
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Wavehunters Surf Travel, Inc.'s Terms and Conditions of Sale
The following terms and conditions ("Terms and Conditions") apply to all organized Trips and related Services (hereafter "Trips") offered by Wavehunters Surf Travel, Inc. and/or its agents, employees, associates, affiliated companies, independent contractors, or subcontractors (hereinafter referred to as "Wavehunters", "we," or "us").
The terms "Service" or "Services" as used in these Terms and Conditions encompass: travel planning and consultation, charters, live-aboards, air transport, ground transportation, hotels rooms, resorts, camps, or other lodgings, tours, car rentals, leisure or adventure activities, expeditions, and any other travel or travel related products offered, sold, recommended, or provided by Wavehunters. References herein to "Traveler," "you," or "your" shall apply to each and any of the following: a party participating in an offered Trip, their Parent or Legal Guardian who accepts these Terms and Conditions on their behalf if the party participating is not of legal age to enter into a binding legal contract on their own behalf, and/or the party who purchases the Trip or submits an Trip Inquiry Form to Wavehunters. The term "Itinerary" refers to the particularized schedule for a Trip.
All bookings of Trips are also subject to the Terms and Conditions of the suppliers of the Services which are incorporated in a particular Trip. By placing an order with Wavehunters, you agree to abide by the Terms and Conditions of the applicable suppliers without reservation, and to be bound by the limitations therein. If the supplier's Terms and Conditions are ever in conflict with the Terms and Conditions of Wavehunters, Wavehunters' will control all issues relating to the liabilities and responsibilities of Wavehunters.
Please read these Terms and Conditions carefully, and ask us any questions and/or consult your attorney before you agree to be bound by them. Traveler acknowledges that they have taken note of these Terms and Conditions before making a booking, or submitting a Trip Inquiry Form, and have accepted the same by clicking on the "I Agree" box on the bottom of the submission page. When Traveler is purchasing a Trip, or submitting an Trip Inquiry Form, for someone besides themselves, clicking on the "I Agree" box verifies Traveler has informed all other Travelers in their group of these Terms and Conditions and accepts them on their behalf, warranting that the other Travelers in their group, after consideration and with an opportunity to consult legal counsel, also agree to be bound by these Terms and Conditions. Without this acceptance, the processing of an order or inquiry is not technically possible. Therefore, by placing an order with Wavehunters, or submitting a Trip Inquiry Form , you, and all Travelers in your group (if applicable), agree to abide by these Terms and Conditions without reservation and to be bound by the limitations herein.
Table of Contents
2. Modification of these Terms and Conditions
5. Cancellations and Alterations Policies
6. Issuing Travel Documents
7. Travel and Cancellation Insurance.
8. Passports, Visas, Health Requirements, and Travel Risks
10. Local Customs and Laws
11. Legal Compliance and Proper Conduct
12. Marketing Materials
13. Limitation of Liability
14. Force Majeure
15. Baggage and Personal Effects
16. Representations and Warranties
17. Indemnification and Release
18. Medical and Physical Conditions; Medical Emergencies
19. Disputes: Binding Arbitration, Governing Law, Jurisdiction, etc.
20. Attorney's Fees, Costs, and Expenses
22. Severability and Survivability
24. Entire Agreement; Waiver; Modification
1. Eligibility. The Services offered by Wavehunters are only available for purchase by residents of the United States while in the United States, its territories, possessions, and protectorates, who have all the requisite power and authority to enter into and perform the obligations under these Terms and Conditions. Travelers under the age of 18 must be accompanied on their Trip by a parent or guardian over the age of 18.
2. Modification of these Terms and Conditions. The Terms and Conditions may be amended or modified at any time, without notice, on the understanding that such changes will not apply to Trips booked prior to the amendment or modification. It is therefore essential that you consult and accept the Terms and Conditions at the time of making a booking, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you placed an order with Wavehunters or reviewed our Terms and Conditions.
3. Reservations. To reserve a space on any Trip, Traveler must submit:
- An Initial Deposit ranging from $300 up to 50% of trip value per person (depending on tour)
- The balance of the Trip Price (the "Final Payment") is due 30-90 days (depending on tour) prior to departure or at time of booking if sale occurs within 30-90days from departure.
- Payment: Payments may be made by either: Cash, Check, Money Order, Wire Transfer, or Credit Card. We accept Visa, Mastercard, and Discover.
4. Prices. Our prices are contractual tariffs. No claim relating to the price of the Trip will be considered once the reservation has become effective.
Unless otherwise stated in the description of the offer, the following will NOT be included as part of the advertised price :
- items of a personal nature such as incidentals and laundry
- excess baggage charges
- foreign government departure taxes
- costs of Passports or Visas
- inspection fees
- customs fees
- immigration and naturalization fees
- service fees
- travel insurance including health, accidents, lost baggage and trip cancellation
- airport parking
- tips and gratuities
- national and international airport charges
- infant charges which must be paid direct to the hotel on the spot
- any other activities or items not explicitly advertised as included in the price of a Trip in the description of the offered Trip
5. Cancellations and Alterations Policies. Unless otherwise specified, all tour deposits and payments are non-refundable. There are no refunds or partial refunds given for early departures or checkouts from any Trip. There are no refunds given for reasons pertaining to surf or weather conditions. Suppliers list their Cancellations and Alterations Policies in their brochures or on their websites. Wavehunters' policies are listed below. All charges are in addition to those of those charged by the provider of the Services cancelled or altered.
a. Changes or Cancellations attributable to You.
Changes: Once a Trip itinerary is confirmed, any subsequent changes will incur a charge of US $100.00 per booking per change, payable to Wavehunters, and subject to higher fees depending on the complexity of the changes.
Cancellations: A Cancellation fee of 100% of the deposit will be imposed on each Travelers for any cancellation of Services after an Initial Deposit is paid. Wavehuntersreserves the right to treat as cancelled any Trips that are not paid for in full by the date Final Payment is due. Please note that a no-show Traveler forfeits all deposits and payments made to Wavehunters.
Notice: All cancellations or changes (where permitted) must be requested in writing via e-mail to: Wavehunters@wavehunters.com or via certified mail, return receipt requested, addressed to:
Wavehunters Surf Travel
701 Palomar Airport Road
Carlsbad, CA 92011
b. Changes to your itinerary attributable to Wavehunters.
In the unlikely event that a major change (involving a change of departure or return date, departure city or destination) becomes necessary, we will notify you as soon as possible and will try to substitute comparable Services. If you find the revised arrangements we offer unacceptable, you will have the option of cancellation without charge provided that you notify us within ten days of your receipt of notice of the change (or prior to departure date if notified less than ten days prior).
c. Cancellation for reasons attributable to Wavehunters
In the event of complete cancellation by us, our only liability will be limited to a refund of all monies paid. Wavehunters is not responsible for additional expenses incurred by Travelers in preparation or anticipation of their Trip (i.e. medical expenses, insurance charges, etc.).
*California Residents only:
Upon cancellation of the transportation or travel services, where the Traveler is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Traveler, all sums paid to the seller of travel for services not provided will be promptly paid to the Traveler, unless the Traveler advises the seller of travel in writing, after cancellation. This provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the Traveler with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
6. Issuing Travel Documents. The method for issuing travel documents and/or tickets depends on the time available between the date of issue of tickets and your date of departure, and/or the type of Service. If a Traveler provides incorrect information, Wavehunters does not assume any liability if the Trip is adversely affected or made impossible by the non-receipt of travel documents.
Travel documents will only be sent to the purchasing Traveler who places the order and personally agrees to these Terms and Conditions.
7. Travel and Cancellation Insurance . Travel and Cancellation Insurance is strongly recommended for all Trips. Allianz Travel Insurance is our recommended provider, and can be purchased, for an additional cost, through the Allianz Travel Insurance website at: http://www.allianztravelinsurance.com/aa/selectaplan.aspx
Traveler acknowledges that it is Traveler's responsibility to understand the limitations of the Travel Insurance coverage and purchase additional insurance as needed. It is the Traveler's sole responsibility to research, evaluate and purchase appropriate coverage. Traveler agrees that Wavehunters is not responsible for any uninsured losses.
8. Passports, Visas, Health Requirements, and Travel Risks. We will try our best to provide you with information regarding the necessary visas, passport, and vaccination requirements for your Trip, but it is ultimately Traveler's responsibility that to verify they have all the proper documents prior to travel.
A full and valid passport is required for all persons traveling to any of the destinations outside the U.S. that we feature. You must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates required for your entire Trip. All Travelers are responsible for making Wavehunters aware if they are not traveling on a U.S. passport.
Most out of country Trips require a passport valid until at least six (6) months beyond the scheduled end of your Itinerary. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their Trip.
If you try to enter a country where visa is required, and you do not have the visa, it is possible that you will be imprisoned until there is an available flight to return you to your point of origin. Some countries require you to be in possession of a return ticket or exit ticket and have sufficient funds, etc. Similarly, certain countries require that the Traveler produce evidence of insurance/repatriation coverage before it will issue a visa.
You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all passengers when making a booking and appearing in your travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on your passport, visas, etc.
Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or access online at http://travel.state.gov/travel or directly from the destination country's website. We recommend that you check these before booking and also shortly before departure as requirements may change.
Immunization requirements vary from country to country and even region to region. Up-to date information should be obtained from your local health department and consulate. You assume complete and full responsibility for, and hereby release Wavehunters from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For State Department information about conditions abroad that may affect travel safety and security, go to http://travel.state.gov/travel/travel_1744.html, or contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to http://wwwnc.cdc.gov/travel/.
It is your responsibility to ensure that you hold the correct, valid documents for the countries you are visiting and have obtained the necessary vaccinations, clearance to travel, and hold the necessary confirmations for medications required as we cannot be held liable for any illness, delays, compensation, claims and costs resulting from your failure to meet these requirements.
WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, TRANSPORT OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION. IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON US, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING US ACCORDINGLY.
Although most travel to participating destinations is completed without incident, travel to certain areas may involve greater risk than others. You assume sole responsibility for your own safety at any destination traveled to. Wavehunters does not guarantee your safety at any time, and assumes no responsibility for gathering and/or disseminating information for you relating to risks associated with your destinations. BY OFFERING OR FACILITATING TRAVEL TO CERTAIN DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
9. Accommodations. "Accommodations" are any lodgings in a dwelling or similar living quarters afforded to Travelers including, but not limited to, hotels, quarters in ships and charters, camp grounds, motels, live-aboards, surf resorts, surf camps and resorts. Wavehunters provides the accommodations for its Trips through third-party vendors and retains no ownership or management interest those Accommodations. Wavehunters does not guarantee the location or the amenities of the Accommodations nor the performance of the third-party vendors. If any issues arise, please contact the owner/operators of the respective Accommodations directly.
Prices of Accommodations are based on double occupancy unless described otherwise. If you prefer single Accommodations, some Accommodations require you to pay a single supplement fee which will can vary depending on the Accommodation. Please contact us for specifics on the single supplement fees for each Trip.
10. Local Customs and Laws. Traveler will be traveling to foreign countries, with different customs, standards, laws and risks than those they are accustomed to in the US. Traveler understands that he or she must be prepared to cope with the unexpected, with local customs and shortages, with the vagaries of weather, travel and mankind in general. As such, Traveler acknowledges and accepts the risks associated with travel in a foreign country and agrees to release and hold Wavehunters harmless for any such problems experienced while participating in their Trip.
All Travelers must obey the local laws and regulations of the countries they visit on their Trip. Wavehunters is not liable or responsible for any damages, costs and/or added expenses incurred as a result of Traveler's failure to obey any local, provincial or federal laws.
11. Legal Compliance and Proper Conduct. Traveler understands that their participation in a Trip may be terminated if Traveler is disciplined by any civil or criminal authorities, charter operator, or if Wavehunters, in its sole discretion, determines that Traveler's conduct is incompatible with the interests, safety or welfare of other Travelers or a Service provider, their employees, or independent contractors. In this event, Traveler is responsible for arranging and paying for substitute travel and Accommodations.
12. Marketing Materials . Wavehunters may occasionally use statements made by its Travelers and/or their photographs, images, or other likenesses, in various marketing materials, on our website, or at promotional events. Traveler fully consents to such use of Traveler's statements and/or their photographs, images, or other likenesses, for marketing or promotional purposes without the payment of any compensation to Traveler and grants Wavehunters a non-revocable license for said use.
13. Limitation of Liability. IN NO EVENT SHALL WAVEHUNTERS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF WAVEHUNTERS HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL WAVEHUNTERS' TOTAL AGGREGATE LIABILITY TO THE TRAVELER UNDER CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE TRAVELER TO WAVEHUNTERS UNDER THIS AGREEMENT.
WAVEHUNTERS IS ACTING AS A MERE AGENT FOR ALL SUPPLIERS OF SERVICES AND ACCOMMODATIONS ADVERTISED AND/OR SOLD BY THEM. ALL SUPPLIERS OF SERVICES AND ACCOMMODATIONS ADVERTISED AND/OR SOLD BY WAVEHUNTERS ARE THIRD PARTY VENDORS AND WAVEHUNTERS RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY VENDORS. TO THE FULLEST EXTENT PERMITTED BY LAW, WAVEHUNTERS DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY VENDORS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS, EVEN IF WAVEHUNTERS HAS BEEN ADVISED THAT SUCH DAMAGES WERE POSSIBLE OR PROBABLE.
14. Indemnification and Release. Except as otherwise set forth herein, Traveler hereby releases Wavehunters from any and all liability, loss, expense, damages, or claims arising out of or resulting from Traveler's participation in a Trip, whether caused by the negligent, intentional, or reckless conduct of Traveler, a Service Provider, a provider of Accommodations, another third party, or otherwise.
Traveler hereby also agrees to indemnify, defend and hold harmless Wavehunters from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys' fees) and expenses, arising out of any claim brought against Wavehunters regarding, resulting, or arising from Traveler's participation in a Trip or Traveler's performance of this Agreement.
15. Force Majeure. Wavehunters shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure. "Force Majeure" refers to any event beyond Wavehunters' reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, epidemics, World Health Organization's advisories and/or alerts, Center for Disease Control's advisories and/or alerts, U.S. State Department's advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power services, terrorism or any other causes beyond the control of Wavehunters or deemed by Wavehunters to constitute a danger to the safety and well-being of the Travelers. Wavehunters reserves the right to cancel any services relating to the Itinerary due to Force Majeure.
16. Baggage and Personal Effects. Wavehunters assumes no liability for any loss or damage to baggage or personal effects, whether in transit to or from a Trip, or during a Trip.
a. Surfboards: Most airlines charge excess baggage fees for surfboards. Some airlines have excess and oversized baggage embargos during select times of the year to select cities. Some aircraft types do not accept surfboards at all or only accept surfboards within required dimensions. Please Wavehunters to book your travel on a surf-friendly airline. If you book your tickets online, you do so at your own risk, and Wavehunters accepts no responsibility for failure of surfboards to arrive at your destination and such outcome will have no bearing on Wavehunters' cancellation policies.
b. Additional and oversized baggage fees: It is Travelers responsibility to check with their air carrier regarding additional and oversize baggage fees as they vary from carrier to carrier. Wavehunters assumes no responsibility in relation to these fees.
17. Representations and Warranties. Traveler represents and warrants that Traveler: (i) has all requisite power and authority to enter into and perform the obligations under these Terms and Conditions; (ii) will abide by all laws, rules and regulations and will endeavor to comply with all local customs; and (iii) all of the information provided to Wavehunters to facilitate Traveler's Trip is true and accurate. Traveler authorizes Wavehunters to make any such investigations as Wavehunters determines to be necessary, at their sole discretion, to determine Travelers eligibility.
18. Medical and Physical Condition ; Medical Emergencies. Wavehunters Trips are physically active and interactive, so you must be in good physical condition and health to participate. Surfing and other various water sports available on our Trips require various skills and abilities such as: the ability to swim, hand to eye coordination, balance, and an awareness of your surroundings. Traveler certifies they will not take any alcoholic beverages or drugs, within twelve (12) hours of their participation in an adventure activity, such as surfing or other water sport, while on a Trip.
If you have any physical, mental, visual, or other medical impairment that may hinder your ability to successfully surf or otherwise complete a Wavehunters' Trip, you must submit a letter from your physician stating that you are able to safely participate in the Trip with your Trip Inquiry Form . Wavehunters reserves the right to decline any Participant whose condition, in Wavehunters' opinion, may negatively affect the health or safety of that Traveler, other Travelers, Service providers, or third parties.
Traveler certifies that they are responsible for managing their own medication and medical, physical, or allergic conditions during their Trip. Traveler understands that in the event of injury to Traveler, or exacerbation of Traveler's medical condition, Wavehunters may not be held responsible. If a serious emergency arises, it may be necessary for a physician to attend to Traveler, but Traveler recognizes that Wavehunters is not obligated to take any action to facilitate or assist that treatment. The quality of medical personnel and facilities vary from region to region and cannot be controlled by Wavehunters. In some parts of the world, substandard medical care is common and unavoidable. Hospital facilities are often unavailable and evacuation can be prolonged, difficult and expensive. Wavehunters is not responsible for the costs of any medical treatment you may require during a Trip and assumes no liability regarding provision of medical care or lack thereof that you may receive while on the Trip. YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND ALL MEDICAL TREATMENTS YOU MAY REQUIRE OR RECEIVE DURING YOUR TRIP. Traveler releases Wavehunters from any liability relating to any such medical care, whether secured by Wavehunters or a Service provider on behalf of Traveler or otherwise, and agrees to be responsible for any and all expenses incurred for said medical care.
19. Disputes: Binding Arbitration, Governing Law, Jurisdiction, etc. These Terms and Conditions and the relationship between Traveler and Wavehunters will be governed by the laws of the State of California without regard to its conflict of law provisions.
21. Assignment. Traveler may not assign his rights or obligations hereunder without the prior written consent of Wavehunters.
22. Severability and Survivability. If any provision, or portion of a provision, in these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The parties agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.
Notwithstanding any other provisions of this these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.
23. Notices. Any notices required or permitted hereunder shall be given:
a. If to Wavehunters, at:
Wavehunters Surf Travel
701 Palomar Airport Road
Carlsbad, CA 92011
b. If to Traveler, at the email or physical address specified by Traveler in their Trip Inquiry Form.
Such notice shall be deemed given: upon personal delivery; if sent by electronic mail, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.
24. Entire Agreement; Waiver; Modification: These Terms and Conditions, constitute the entire understanding and agreement of the parties with respect to the subject matter covered by them, and supersede all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. No terms contained on any proposal, purchase order, acknowledgment or other document will be effective with respect to affecting the terms hereof. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party's rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. Wavehunters does not guarantee it will take action against all breaches of these Terms and Conditions. No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.
By pressing "I AGREE" I am confirming that I have read, understand, voluntarily agree, and accept each and every booking term, condition and policy set forth in Wavehunters Surf Travel, Inc.'s Terms and Conditions after having had the opportunity to consult independent legal counsel regarding them. I also confirm that, if applicable, I have informed all other parties for whom I am purchasing a Trip, or submitting a Trip Inquiry Form, of the booking terms, conditions and policies set forth in Wavehunters Surf Travel, Inc.'s Terms and Conditions and, after consideration and with an opportunity to consult legal counsel, they also agree to be bound by Wavehunters' Terms and Conditions.