TERMS & CONDITIONS

Effective Date: May 3rd, 2024

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:

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.

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.

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.

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.

Payment:

(a) Full Payment Requirement: In order to facilitate a seamless adventure experience, full payment for all Surf the Andes tour bookings must be remitted no later than 60 days before the scheduled departure date. For bookings made within 60 days of departure, full payment is required at the time of booking to secure the reservation.

(b) Deposit Obligation: A mandatory deposit of $1,000 USD is requisite for all trips unless otherwise agreed upon. It is imperative to note that this deposit 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.

(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.

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.
Termination during the trip results in forfeiture of the entire price paid by the client.

Guests must have travel insurance covering trip cancellation for protection against losses.

(c) Trip Alterations: Surf the Andes may modify trip details, including dates and routes, due to factors such as government travel warnings, adverse weather conditions, or other significant risks. In such cases, guests unable to participate due to trip changes are entitled to a refund of the price (less the deposit) within fourteen (14) days of providing written notification to Surf the Andes.

Conduct and Responsibilities:

(a) Responsible Conduct: Clients are expected to conduct themselves responsibly and respectfully towards fellow participants, guides, staff, local communities, and the environment. Any behavior deemed unsafe, disruptive, or offensive may result in exclusion from the activity without refund.

(b) Property and Equipment Responsibility: Clients are responsible for the safety and security of their personal belongings and equipment during the activity. Surf the Andes bears no liability for loss, theft, or damage to personal property.

(c) Compliance with Local Laws: Clients must adhere to all local laws, regulations, and customs while participating in the activity. Illegal or unethical behavior may lead to immediate termination of the activity without refund.

Travel Logistics:

(a) Meeting Point Specification: Each trip commences and concludes at a designated meeting point, with specific details provided to clients in advance.

(b) Travel Coordination: Clients must coordinate travel arrangements with Surf the Andes to ensure compatibility with group pickup times. Confirmation of travel arrangements should not occur until Surf the Andes has finalized details.

(c) Client Responsibility: Clients are responsible for all travel arrangements to and from the meeting point. Surf the Andes cannot be held liable for delays or cancellations that result in missed pickups. Clients are responsible for any additional costs associated with missed pickups, covered by mandatory travel insurance.

Visas:

(a) Visa Responsibility: Clients are required to organize their own visas (if necessary). It is incumbent upon guests to ensure they have obtained their visa within the requisite time frame or can procure the necessary visa upon arrival.

(b) Passport Maintenance: Clients are responsible for ensuring the validity and space availability in their passport for visas, stamps, etc. Surf the Andes cannot be held accountable for any delays, cancellations, or costs associated with passport or visa issues.

Limitation of Liability:

(a) Liability Exclusion: To the maximum extent permitted by California state law, Surf the Andes and its affiliates, employees, agents, and partners shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of our services, including but not limited to personal injury, death, property damage, loss of profits, or loss of data.

(b) Maximum Liability: The maximum liability of Surf the Andes shall be limited to the total amount paid by the Client for the booked activity.

(d) Individual Insurance Requirement: Each guest is responsible for purchasing their own travelers insurance, covering all expenses resulting from overseas accidents, trip cancellations, and any costs incurred due to inconvenience.

Intellectual Property:

(a) Intellectual Property Rights: All intellectual property rights related to Surf the Andes' website, promotional materials, and activity content shall remain the property of Surf the Andes. The Client shall not reproduce, distribute, or use any intellectual property without prior written consent.

(a) Privacy Protection: Surf the Andes respects the privacy of the Client's personal information. By providing personal data, the Client consents to its collection, storage, and use in accordance with Surf the Andes' Privacy Policy.

Severability:

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid to the fullest extent permitted by law.

Governing Law and Jurisdiction:

(a) Jurisdiction Clause: This Agreement shall be governed by and construed in accordance with the laws of California. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in California.

By booking and participating in our outdoor sports tourism activities, the Client acknowledges that they have read, understood, and agreed to these terms and conditions. It is the Client's responsibility to review and understand these terms and conditions before making a booking.