TERMS & CONDITIONS

Effective Date: May 3, 2024

Terms and Conditions

These Terms and Conditions ("Agreement") govern your engagement with the services provided by Surf the Andes ("we," "us," or "our") in strict adherence to California state law. Your access to and utilization of our services signify your agreement to comply with and be bound by this Agreement. We strongly advise you to review these terms and conditions thoroughly before proceeding with any service bookings offered by Surf the Andes. By booking our services and partaking in our tours, you indicate your acceptance and understanding of the following terms and conditions:

1. Suitability

(a) Participant Responsibility: It is the sole responsibility of the participant ("Client") to ascertain their suitability for the chosen activity, including possessing the requisite skill level, physical fitness, and self-reliance. Surf the Andes may provide guidance regarding skill levels, fitness requirements, and equipment recommendations, which the Client must adhere to.

(b) Acknowledgment of Risks: The Client acknowledges that outdoor sports activities inherently involve risks and hazards. It is incumbent upon the Client to assess their suitability and seek professional advice if deemed necessary. Participation in these activities is entirely at the Client's own risk.

(c) Compliance Requirements: The Client must adhere to any suitability requirements stipulated for each activity, encompassing skill levels, physical fitness, and equipment recommendations.

2. Health and Safety

(a) Risk Acknowledgment: The Client acknowledges and accepts the inherent risks and hazards associated with outdoor sports activities, including accidents, injuries, illness, and property damage. By participating, the Client voluntarily assumes all such risks and absolves Surf the Andes, its employees, and partners from any liability arising from such risks, including death.

(b) Medical Disclosure: The Client is required to disclose any pre-existing medical conditions, allergies, or physical limitations that may impact their participation in the activity. Surf the Andes reserves the right to refuse participation if it determines that the Client's health or safety may be compromised.

(c) Safety Compliance: The Client agrees to adhere to all safety instructions, guidelines, and protocols provided by Surf the Andes or its representatives. Failure to comply may result in the Client's exclusion from the activity without refund.

3. Insurance

(a) Mandatory Insurance: It is mandatory for all Clients to possess comprehensive travel insurance covering the chosen outdoor sports activities, including trip cancellation, medical expenses, emergency evacuation, and loss or damage to personal belongings and equipment.

(b) Proof of Coverage: The Client must furnish proof of insurance coverage upon request by Surf the Andes.

(c) Liability Limitation: Surf the Andes bears no liability for any loss, injury, or damage suffered by the Client that could have been covered by adequate travel insurance.

4. Booking and Confirmation

(a) Booking Requirements: To secure a booking, you must provide all requisite information accurately and comprehensively, encompassing personal details, emergency contact information, and any pertinent medical conditions or dietary requirements.

(b) Confirmation Process: A booking is deemed confirmed upon Surf the Andes receiving the requisite deposit or full payment, as specified for each tour or activity.

5. Payment

(a) Payment Schedule:

A non-refundable deposit of $600 USD is due at the time of booking.
The remaining balance of the trip cost is due 30 days before trips start date.
Incidentals will be invoiced and payable at the trip’s conclusion.

(b) Deposit Obligation: The mandatory deposit of $600 USD is strictly non-refundable and cannot be transferred to another trip without the express written consent of Surf the Andes.

(c) Payment Methods: Deposits and final balances can be remitted via various channels, including cash, personal check, bank check, money order, bank transfer, international wire, Venmo, or Zelle. Detailed payment instructions will be provided prior to deposit submission. For payments made via check or money order, ensure they are payable to "Surf the Andes LLC."

(d) Credit Card Restriction: Please be advised that we are presently unable to accept credit card payments. We appreciate your cooperation and understanding in this regard.

(e) Due Date Notification: Each trip has a specified final payment due date. For precise information, please refer to your Travel Package Information sheet or visit the Surf the Andes website for trip dates.

(f) Pricing Specifics: All prices quoted are in USD and are contingent upon the number of individuals in the group. Price variations may occur if the minimum number of participants (4) has not been reached. Our commitment to transparent pricing ensures fairness and clarity for all participants.

6. Cancellations and Refund Policy

(a) Client Cancellations: In the event of a cancellation by the client, the following guidelines apply:

Cancellation more than 120 days from the trip start date entitles the client to a full refund, excluding the deposit.
Cancellation between 45-120 days prior to the trip start date warrants a full refund, excluding the deposit, contingent upon Surf the Andes finding a replacement guest. Failure to find a replacement results in a refund equal to 25% of the total amount, excluding the deposit.
Cancellation less than 45 days from the trip start date results in forfeiture of the entire price.

Guests are strongly advised to have travel insurance covering trip cancellations to mitigate potential losses.

(b) Cancellations by Surf the Andes: Surf the Andes reserves the right to cancel a trip prior to or during the trip for various reasons, including but not limited to:

Changes in the client's medical condition or fitness.
Failure to disclose relevant medical information.
Insufficient guest bookings.
Failure to comply with instructions from Surf the Andes staff or agents.

If Surf the Andes cancels the trip due to insufficient guest bookings (i.e., failure to meet the minimum participant requirement), a full refund, including the deposit, will be issued.
If the trip is canceled due to external force or factors (natural disasters, political instability, pandemics, or other unforeseen circumstances beyond our control), no refund will be provided, but we will work with clients to reschedule their trip or provide credit for future travel.
If a trip is canceled mid-way due to client non-compliance with safety protocols, failure to follow guide instructions, or other reasons within the client’s control, no refund will be issued.

7. Travel Documentation and Requirements

(a) Passports and Visas:

Clients are responsible for ensuring that they possess valid passports and any required visas for their trip.
Passports must be valid for at least six months beyond the trip's end date.

(b) Vaccinations and Health Requirements:

Clients are responsible for verifying and complying with any health and vaccination requirements for their travel destination.

Surf the Andes is not liable for any delays or trip interruptions due to customs issues, denied entry, or failure to meet legal requirements.

8. Responsibilities and Conduct

(a) Respectful Behavior:

Clients are expected to conduct themselves respectfully toward guides, staff, fellow travelers, and local communities.
Disruptive behavior, harassment, or failure to comply with guide instructions may result in removal from the trip without a refund.

(b) Environmental and Cultural Responsibility:

Clients must adhere to Leave No Trace principles and respect local customs and environmental regulations.
Any damages caused by negligence or misconduct may result in financial liability.

9. Liability and Indemnification

(a) Release of Liability:

Clients acknowledge and accept that participation in adventure travel involves inherent risks. By booking a trip with Surf the Andes, clients release Surf the Andes, its owners, employees, affiliates, and partners from any liability for injury, illness, property damage, or death occurring during or as a result of the trip.

(b) Indemnification Clause:

Clients agree to indemnify and hold Surf the Andes harmless from any claims, liabilities, damages, or expenses arising from their actions or failure to comply with these Terms and Conditions.

By joining a trip with Surf the Andes, you acknowledge that the company acts solely as an intermediary and is not responsible for the actions, omissions, or negligence of subcontractors, including guides, drivers, accommodations, and activity providers. You waive, release, and discharge Surf the Andes from any claims, liabilities, or damages arising from services provided by subcontractors, including but not limited to accidents, injuries, or losses. Any claims related to subcontractor services must be directed to the respective provider, as Surf the Andes does not control or enforce their safety standards. Guests are responsible for following all health and safety guidelines set by subcontractors and assume personal responsibility for their well-being during activities.

(d) Subcontractor Indemnification Clause:

Guests agree to indemnify and hold Surf the Andes harmless from any claims, damages, liabilities, costs, or expenses arising from their participation in trips, including but not limited to those resulting from subcontractor negligence or misconduct. Subcontractors are required to maintain their own liability insurance, and Surf the Andes does not provide insurance coverage for guests or subcontractors. It is strongly recommended that guests obtain travel, medical, and accident insurance for their protection. Surf the Andes is not liable for any financial or legal consequences stemming from incidents related to subcontractor services.

10. Changes to Itineraries

(a) Unforeseen Modifications:

Surf the Andes reserves the right to modify trip itineraries due to weather, safety concerns, guide availability, or unforeseen circumstances.
While we strive to provide the itinerary as advertised, necessary adjustments may be made without prior notice.

(b) Client-Initiated Changes:

Requests to change the itinerary after booking may be accommodated at our discretion and may incur additional costs.

11. Governing Law and Dispute Resolution

(a) Jurisdiction:

This Agreement is governed by the laws of the State of California. Any legal disputes arising from this Agreement shall be resolved in a California court.

(b) Mediation and Arbitration:

Prior to litigation, both parties agree to attempt mediation or arbitration to resolve any disputes amicably.

12. Acceptance of Terms

By booking a trip with Surf the Andes, clients acknowledge that they have read, understood, and agreed to these Terms and Conditions. They affirm that they assume full responsibility for their participation and any associated risks.

13. California Seller of Travel Compliance

(a) Trust Account for Client Payments: All funds received for travel-related services are deposited into a dedicated business trust savings account in accordance with California Seller of Travel regulations. These funds are maintained separately to protect consumer payments until services are rendered or refunds are processed.

(b) CST Registration Disclosure:
Surf the Andes is registered as a Seller of Travel with the State of California (CST # 2163306).

(c) Travel Consumer Restitution Fund (TCRF) Disclosure:
If you are purchasing travel services from outside of California, this transaction is not covered by the California Travel Consumer Restitution Fund. Surf the Andes is not a participant in the TCRF.

For any questions or concerns regarding these Terms and Conditions, please contact Surf the Andes at:

📧 Email: info@sa-outdoors.com
📞 Phone: 858-371-8497
🌍 Website:www.surfheandes.com

These Terms and Conditions are subject to updates, and the latest version will always be available on our website.