Paddles 'n Peaks

Terms and Conditions

 

By paying for a Paddles 'n Peaks retreat, CUSTOMER has accepted the following terms and conditions.

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1.            LIMITATION OF LIABILITY

1.1.        COMPANY purchases hotel accommodations, rents pickleball courts, rents tennis courts, rents golf courses, purchases restaurant services, purchases boating and other water activity services, and subcontracts pickleball and tennis instructional services from various independent suppliers that are not subject to its control. NEITHER COMPANY, ITS AFFILIATES, OWNERS, OFFICERS, AGENTS, EMPLOYEES AND CONTRACTORS, NOR ANY ASSOCIATE ORGANIZATION SHALL BE HELD LIABLE FOR ANY ACT, DEFAULT, INJURY (INCLUDING PERSONAL INJURY, EMOTIONAL INJURY, OR DEATH), LOSS, EXPENSE, DAMAGE, DEVIATION, DELAY, CURTAILMENT OR INCONVENIENCE CAUSED TO OR SUFFERED BY ANY PERSON OR THEIR PROPERTY, HOWSOEVER ARISING, WHICH MAY OCCUR OR BE INCURRED BY ANY ORGANIZATION OR PERSON, EVEN THOUGH SUCH ACT, DEFAULT, INJURY, LOSS, EXPENSE, DAMAGE, DEVIATION, DELAY, CURTAILMENT OR INCONVENIENCE MAY HAVE BEEN CAUSED OR CONTRIBUTED TO: (A) BY THE ACT, NEGLECT OR DEFAULT OF COMPANY, OR OF ANY PERSONS FOR WHOM IT WOULD OTHERWISE BE RESPONSIBLE, OR (B) DEFECTS OR FAILURES OF ANY AIRCRAFT, VESSEL, AUTOMOTIVE VEHICLE OR OTHER EQUIPMENT OR INSTRUMENTALITY UNDER THE CONTROL OF INDEPENDENT SUPPLIERS. IN ADDITION, COMPANY CANNOT BE LIABLE FOR DELAYS IN DEPARTURE OR INTERRUPTION OF YOUR VACATION ARRANGEMENTS CAUSED BY WEATHER CONDITIONS, TECHNICAL PROBLEMS OF ANY AIRCRAFT, VESSEL, AUTOMOTIVE VEHICLE OR OTHER EQUIPMENT OR INSTRUMENTALITY, STRIKES, WAR, TERRORIST ACTIVITY, CIVIL COMMOTION OR ANY CAUSES BEYOND THE CONTROL OF COMPANY.

1.2         IN NO EVENT WILL COMPANY BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGE OR LOSS SUFFERED BY ANY PERSON. COMPANY’S MAXIMUM LIABILITY, FOR ANY REASON WHATSOEVER, WILL BE LIMITED TO THE AMOUNT PAID TO COMPANY FOR ITS SERVICES IF NOT COVERED ALREADY BY TRAVEL INSURANCE THE . IN ISSUING TICKETS AND COUPONS FOR TRANSPORTATION OF THE PURCHASER BY ANY MEANS AND MAKING ARRANGEMENTS FOR HOTEL OR OTHER ACCOMMODATION, COMPANY IS NOT ACTING AS PRINCIPAL BUT ONLY AS AGENT FOR THE COMPANIES, CORPORATIONS OR PERSONS PROVIDING OR OFFERING THE MEANS OF TRANSPORTATION AND ACCOMMODATION. TO THE EXTENT COMPANY SHALL NOT BE ACTING AS AN AGENT, AS STATED ABOVE, IT SHALL BE DEEMED TO BE ACTING AS AN AGENT OF THE PURCHASERS IN ARRANGING OR BOOKING TRANSPORTATION AND ACCOMMODATION. YOU FURTHER UNDERSTAND THAT COMPANY NEITHER OWNS NOR OPERATES SUCH THIRD-PARTY SUPPLIERS AND ACCORDINGLY, AGREE TO SEEK REMEDIES DIRECTLY AND ONLY AGAINST THOSE SUPPLIERS AND NOT HOLD COMPANY RESPONSIBLE FOR THEIR ACTS OR OMISSIONS.

1.3.        COMPANY may operate retreats in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those you normally expect. Your booking is accepted on the understanding that you realize the hazards involved in this kind of vacation, including injury, disease, loss or damage to property, inconvenience and discomfort. The whole philosophy of this type of travel is one that allows alternatives and a substantial degree of on-vacation flexibility. Changes in itinerary or program may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, death or other unforeseeable circumstances. Please note that the timings of program start and end times are estimates only. These timings may be affected by operational difficulties, weather conditions or other unforseeable circumstances.

1.4.        COMPANY is not responsible for any additional expenses incurred by you to meet up with the group before the first service stated in the Booking Confirmation begins.

1.5.        At the start of each retreat, local service providers will require signature of a Waiver form prior to accepting participation in the retreat.

1.6.        Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your vacation may involve. Sometimes these standards will be lower than those which would be expected in the US. The suppliers of the services and facilities included in your vacation should comply with local standards where they are provided.

1.7.        This entire clause  does not apply to any separate contracts that you may enter into for excursions or activities during your retreat for which liability rests with the excursion provider and not Company.

2.            ACKNOWLEDGEMENT OF RISK

2.1.        You understand and acknowledge that your travel in connection with and participation in your vacation may involve risk and potential exposure to injury, including emotional injury, injury to person or property and death. YOU ALSO REALIZE AND ACKNOWLEDGE THAT RISK AND DANGERS MAY BE CAUSED BY THE NEGLIGENCE, FAULT OR WRONGDOING OF THE OWNERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OFFICERS OR AGENTS OF COMPANY OR OF OTHER TRIP PARTICIPANTS, CONTRACTORS AND/OR SUBCONTRACTORS TO COMPANY. YOU ALSO RECOGNIZE AND ACKNOWLEDGE THAT RISK AND DANGERS MAY ARISE FROM FORESEEABLE AND UNFORESEEABLE CAUSES. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with your travel and recreational activities which may take place during your retreat.

3.            EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY/PARTICIPATION

3.1         In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of participating in the retreat, that you are willingly and knowingly electing to participate in this retreat in spite of the potential risk of danger, and you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by you or caused by you, whether caused in whole or in part by the negligence, fault or wrongdoing, whether expected or not, of the owners, directors, agents, officers, employees, contractors, or subcontractors of COMPANY or of other participants. You understand and acknowledge that due to the remoteness of where we travel, emergency evacuation and/or search and rescue may be delayed or unavailable and that medical facilities and supplies may be limited, and you acknowledge that it is your responsibility to assess the impact such limitations may have on any existing medical condition(s).

3.2         You understand and acknowledge that COMPANY reserves the right to accept or reject any participant for any reason, and COMPANY or its guide has the right to disqualify you from any retreat activity, if in COMPANY’ or such guide’s judgment, you are incapable of that activity and/or your continued participation in the retreat will endanger yourself or the safety of the group. It is your responsibility to inform COMPANY, at the time your reservation is made, of any medical or physical disability or limitation that might disable you or render you unable to perform or safely complete the retreat or any activity on the retreat. You further acknowledge that you are the best judge of your own conditions and limitations and that it is incumbent upon you to fully disclose the full extent of any such conditions or limitations to COMPANY.

4.            RELEASE

4.1.        In consideration of the services and arrangements provided by COMPANY, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify COMPANY, and its owners, officers, directors, agents, employees, contractors, subcontractors and affiliates from any and all claims, actions, or losses for bodily injury, emotional injury or distress, property damage, sickness resulting from food allergies, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the scheduled travel package and any activities conducted in conjunction therewith. You specifically understand and agree that you are releasing, discharging and waiving any claims or actions that you may have presently or in the future for the negligent acts, omissions or conduct of the owners, directors, officers, employees, contractors, subcontractors, agents or affiliates of COMPANY.

5.            EXPRESS WAIVER OF CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES

5.1.        Regardless of the situation or circumstances giving rise to a claim, you waive any right to seek consequential, punitive or exemplary damages against COMPANY its owners, officers, directors, agents, contractors and employees, for any reason whatsoever.

6.            MEDICAL CARE

6.1.        In the event medical care becomes necessary on your vacation, you may be hours or days travel by water, porter, animal, or other non-vehicular transportation from any medical facility. The medical facility you may be treated in may not have the same standards as hospitals or doctor’s offices in your home country. The medical personnel you will be treated by may not speak fluent English and have the same training as medical personnel in your home country. You further acknowledge that an emergency evacuation may be unavailable, expensive and delayed at your location, and that the medical facilities and attention available abroad may be limited. Decisions are made by our staff based on a variety of perceptions and evaluations of the situation at hand.

7.            CONDUCT

7.1.        We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behavior is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, discriminate against or put any other traveler or our staff or agents in any risk or danger, on the telephone, in writing or in person.

7.2.        If you commit any illegal act when on your vacation or if in our reasonable opinion or the reasonable opinion of the leader or another person in authority your behavior is disruptive, threatening or abusive, causes unnecessary inconvenience, impacts on others customers’ enjoyment of the vacation or is causing or likely to cause damage to property, danger, distress or upset, disturbance or annoyance to others or puts any other traveler or our staff in any risk or danger, on the telephone, in writing or in person, we may terminate your travel arrangements without any liability on our part.

7.3.        Please note that you must wear a seatbelt if one is fitted in the seat and it is your responsibility to ensure that you are wearing a seatbelt at all times during road journeys. If you are traveling with children it is your responsibility to ensure that they are properly wearing a seatbelt and if you suffer from any condition that means you are medically exempt from wearing a seatbelt you must advise Company at the time of booking. 

7.4.        On an active group vacation, it is necessary that you abide by the authority of the leader, who represents COMPANY, and is there to ensure the safety of you and the whole group. You must follow the leader’s instructions and advice with regards to safety measures expected during the retreat.

7.5.        As a result of your behavior during any stage of your retreat, we reserve the right to make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result, including but not limited to (i) cleaning, repairing or replacing property lost, damaged or destroyed by you, (ii) compensating any passenger, crew, staff or agent affected by your actions and (iii) diverting the aircraft or cruise for the purpose of removing you. Criminal proceedings may also be instigated.

7.8.        For the purposes of this section reference to “you” or “your” includes you and any other person in your party.

8.            DATA PROTECTION

8.1.        We will use and process your data in accordance with our privacy policy. 

9.            EXCURSIONS

9.1.        Excursions or other retreats that you may choose to book or pay for whilst you are on vacation are not part of your vacation provided by Company. For any excursion or other retreat that you book, your contract will be with the operator of the excursion or retreat and not with Company. We are not responsible for the provision of the excursion or retreat or for anything that happens during the course of its provision by the operator. 

10.            MEDIATION/ARBITRATION

10.1.        Any and all disputes and claims that either you or COMPANY may have against each other that arise out of or relate to your booking and/or these Booking Conditions including the breach, termination, enforcement, interpretation or validity of these Booking Conditions, including the agreement to arbitrate and the scope or applicability of this Section 19 (collectively, “Disputes”), will be resolved in a binding, confidential, individual and fair arbitration process pursuant to this section (“Arbitration Agreement”). The only exceptions to this Arbitration Agreement are that (a) each party shall, if applicable, submit a Dispute on an individual basis in small claims court, (2) the parties may agree to a Federal Bench trial if jurisdiction permits, and (3) each party may bring suit in the appropriate Court against the other to enjoin infringement or other misuse of intellectual property rights.

10.2         Your booking evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement will survive your completion of the retreat and the termination of these Booking Conditions.

10.3         The process for arbitrating a Dispute shall require either you or COMPANY to send by registered mail to the other a written notice of the Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the booking to which the Notice relates, and the relief requested.

10.4         Your Notice must be served to COMPANY at COMPANY Adventure Travels, 3131 Elliott Ave., Suite 250, Seattle, Washington, 98121, USA. COMPANY shall send its Notice to the contact information that COMPANY holds for you or that you subsequently provide in writing for COMPANY to serve its Notice. 

10.5.        It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days a Notice is served the parties may try to reach a settlement of the Dispute. If it is not possible to resolve the Dispute within this time period, either party may initiate arbitration in accordance with this section. 

10.6.        Any arbitration between you and COMPANY will be conducted by the American Arbitration Association (“AAA”) and will be governed by the AAA’s then existing Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single arbitrator. If you and COMPANY cannot agree on who that single arbitrator should be, then the AAA shall appoint an experienced arbitrator. The arbitrator is bound by the terms of this Arbitration Agreement. A form for initiating formal arbitration may be found on the AAA’s website at www.adr.org (“Arbitration Form”). In addition to filing this Arbitration Form with the AAA in accordance with its rules and procedures, you must send a copy of this completed Arbitration Form to COMPANY.

10.7.        If You are seeking to recover $100,000 or less (exclusive of interest on the sum claimed, cost of arbitration and legal expenses), and the Disputes are not filed in the appropriate small claims court, the Dispute should be resolved without a hearing, by submission of documents only. However, either you or COMPANY may request a hearing. If the claim is for more than $100,000 (exclusive of interest on the sum claimed, cost of arbitration and legal expenses), a hearing shall be held.  The hearing location will be determined in accordance with the AAA Rules, Principles and Guidelines, with the State of Delaware, USA being a possible location only if agreed upon by all parties.

10.8.        It is agreed that the arbitration and any mediation shall be confidential and neither you nor COMPANY shall disclose the fact of the proceeding, any documents exchanged as part of the proceeding, the Arbitration Agreement, the arbitrator’s decision and the existence or amount of any agreement or award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.

11.            LAW AND JURISDICTION

11.1.        These Terms and Conditions and any disputes, actions and legal proceedings whatsoever by you shall be governed exclusively, in all respects, and without regard to conflict of law principles, by the laws of the State of California, USA. Except as otherwise expressly specified in these Booking Conditions, guest agrees this choice of law supersedes and pre-empts any provision of law of any other state or nation.

12.            WAIVER OF JURY TRIAL

12.1.        IN CONNECTION WITH ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF THESE BOOKING CONDITIONS, THE PARTIES HEREBY SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL.

13.            CLASS ACTION WAIVER

13.1.        These Booking Conditions provide for the exclusive resolution of disputes through individual legal action on your own behalf instead of through any class action. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU  AGREE THAT ANY LEGAL ACTION AGAINST COMPANY WHATSOEVER SHALL BE LITIGATED BY YOU, INDIVIDUALLY, AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION.

14.            TIME LIMIT FOR CLAIMS

14.1.        We are not be liable for claims, actions, or losses for bodily injury, emotional injury or distress, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your retreat and any activities conducted in conjunction therewith, unless full details in writing are given to COMPANY, within 185 days after the date of the event giving rise to such claim. SUIT TO RECOVER ON ANY SUCH CLAIM SHALL NOT BE MAINTAINABLE UNLESS FILED WITHIN ONE (1) YEAR AFTER THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM AND UNLESS SERVED ON COMPANY WITHIN 120 DAYS AFTER FILING. YOU EXPRESSLY WAIVE ALL OTHER POTENTIALLY APPLICABLE STATE OR FEDERAL LIMITATION PERIODS. If a written claim is not made and suit is not filed within the time frame set forth above, then you waive and release any right you may have to make any claim against Company arising under, in connection with, or incident to the retreat.

15.            SEVERABILITY

15.1.        If any provision of these Booking Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

16.            WAIVER

16.1.        Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms of these Booking Conditions shall not constitute a waiver of any such terms or conditions and shall not affect or impair such terms and conditions in any way or the right of such party at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.

17.            AUTHORIZATION TO USE PHOTOGRAPHS OR VIDEO

17.1.        COMPANY may use, reproduce, and/or publish photographs and/or video that may pertain to me— including my image, likeness, and/or voice without compensation. I understand that this material may be used in brochures, e-mails, and online to promote COMPANY and its product offerings.