Terms & Conditions
By the use of this website, customer agrees to the terms and conditions of use, travel, and booking as contained in the following paragraphs. Please contact us if you have any questions.
WHO WE ARE AND WHAT THESE TERMS COVER
The terms "we", "us" and "our" and “Thurston Rivera Luxury Travel” refer to Thurston Rivera Luxury Travel, LLC, a California limited liability company. The term "you", “client” refers to customer visiting our website, or booking a trip through us.
These terms and conditions (T&Cs) together with any other documents we give you (the "Agreement") describes what you are legally entitled to expect from us when you book your trip through us, in addition to important obligations you make as a customer that affect your legal rights. Please read these T&Cs carefully. If you do not agree with any of the terms, you must speak to us before making booking a trip with us.
YOUR ACCEPTANCE OF THESE T&Cs
Having accepted these T&Cs by continuing with our services, you are consenting to be bound by these T&Cs on behalf of any client in your party. By using our services, you are agreeing to be bound by the terms of this Agreement and any additional terms and conditions of any Travel Providers that are applicable to your travel arrangements. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due, and cancellation terms.
GROUPS: In the case of a group booking, the lead client assumes the responsibility of sharing these T&Cs with each client in their group, including payment of all amounts when due. It is the responsibility of each client to read our T&Cs in its entirety. Thurston Rivera Luxury Travel is not responsible for any client’s unawareness of the T&Cs due to the failure of the lead client to share this information with all other clients in their group.
You agree that any violation of any such T&Cs may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for costs we incur as a result of such violation. You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these T&Cs on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all T&Cs applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those for whom you make trip reservations.
Changes to T&Cs
You acknowledge and agree that we may change these T&Cs from time to time and that those changes become effective immediately. If we make material changes, we will provide you notice. You agree to be bound by the T&Cs that are in effect at the time of travel. Continuing to use our services after notice of material changes constitutes your acceptance to such changes.
Other Terms That Apply
The client expressly acknowledges that naturally occurring diseases and viruses (including, but not limited to, the currently widespread COVID-19) may be present and actively occurring in all environments in which your vacation will take place.
WORLDWIDE PANDEMIC INHERENT RISK OF TRAVELING: You acknowledge the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. You acknowledge that COVID-19 has made travel uncertain due to government closures and travel restrictions. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact (however the exact method of spread remains unknown). You also understand that if you are older or have underlying conditions, you may be more prone to serious infection and death due to COVID-19. As a result of the highly infectious nature of this disease, federal, state, and local governments health agencies recommend social distancing, wearing of PPE (including masks), and have, in many locations, prohibited the congregation of groups of people. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by Thurston Rivera Luxury Travel.
EXPOSURE PERSONAL LIABILITY: By booking a trip at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your trip.
UNCERTAINTY OF TRAVEL CHANGES: You acknowledge that due to the uncertainty of travel at this time, your trip may be postponed or cancelled or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You understand that you may become sick before, during or after the trip and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You agree that due to uncertainty caused by COVID 19, Thurston Rivera Luxury Travel has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, Thurston Rivera Luxury Travel shall not be liable to any losses
RELEASE ALL LIABILITY: You, for yourself, and any minors traveling with you, and on behalf of my and their heirs, assigns, personal representatives and next of kin, HEREBY RELEASE,
INDEMNIFY, AND HOLD HARMLESS
Thurston Rivera Luxury Travel, LLC, its officers, agents, and/or employees, suppliers, and other participants (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
THIRD PARTY TRAVEL PROVIDERS AND PRODUCTS
Thurston Rivera Luxury Travel does not provide, own, or control the travel products that are provided as part of your trip, such as flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Travel Providers”) such as airlines, hotels, suppliers, and tour operators. The Travel Providers are responsible for the Travel Products.
AGREE TO TRAVEL PROVIDER’S T&Cs: By making payment to The Travel Provider’s, you are agreeing to and understand Travel Provider’s terms and privacy policies applicable to your trip.
ACTING AS AGENT ONLY: Your interaction with any Travel Provider is at your own risk and you agree that Thurston Rivera Luxury Travel acts only as agent for the client in acquiring transportation, hotel accommodations, sightseeing and other privileges, or services for the clients’ benefit, and on the express condition that Thurston Rivera Luxury Travel shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith.
Planning and Booking Services
PROCESSES AND PAYMENTS
PLANNING FEE: Planning any trip takes extensive training, knowledge, expertise, time and research. We charge a non-refundable planning fee starting from $150.00 per person before we begin work on booking your trip.
PROPOSED ITINERARY: After clarifying your trip details, Thurston Rivera Luxury Travel will provide a proposed itinerary subject to the determined planning fee.
FIRST DRAFT CHANGES: We will work with you on any first draft changes if required.
FINAL ITINERARY: After any changes are made, you will then receive your final itinerary with an invoice and other important travel information. This invoice is subject to change until you receive confirmation that your trip is booked.
FINAL PAYMENT: Final payment is due as communicated or indicated on the invoice. If any payment is not paid by the stipulated date, Thurston Rivera Luxury Travel reserves the right to treat the trip as canceled by you in which case the T&Cs of cancellation become applicable.
REVIEW ALL DOCUMENTS: Once payment for your trip is processed, you will receive i) a receipt and ii) a checklist of items for you to review travel documents. Please review documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible with any corrections. Client(s) voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions.
PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES: It is essential that you advise us before booking a trip if you have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking for your trip.Thurston Rivera Luxury Travel will make reasonable efforts to accommodate requests, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the client requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
ADDITIONAL FEES AND PAYMENTS: If the scope of the initial trip design changes direction, an additional planning fee may be applicable. Some tours and airlines will require a larger deposit or payment in full to hold your trip. Client will be notified if a larger deposit is required. Group quotation prices are predicated on a minimum number of group members. Should the number of group members fall below the minimum number specified in the quotation, the
per-person cost for the tour might be increased at the discretion of the Travel Provider and/or Thurston Rivera Luxury Travel. The Group Leader is responsible for payment of any such cost increase.
NONREFUNDABLE: Deposits are NON-REFUNDABLE, unless stated otherwise in the T&Cs of the Service Provider(s).
BOOKING DISMISSAL: We reserve the right to refuse to book a trip without giving any reason and shall in that event return any deposit received.
CREDIT CARD AUTHORIZATION: While we do accept major credit cards including Visa, Mastercard, American Express and Discover, clients must provide to us a signed or written charge authorization agreement or click authorization for your trip transaction. Your authorization is a binding agreement for us to charge your card and as such you waive any right to chargeback in the case of cancellation for any cause (excepting fraud), including a Force Majeure event, as defined herein, and agree to refund policies and procedures as outlined in all T&Cs. In the event a client attempts to chargeback, reverse, or recollect a trip payment already made without the authorization of Thurston Rivera Luxury Travel, we reserve the right to collect all additional costs, fees and expenses associated with such chargeback, reversal or recollection, including trip planning fee, without limitation, attorney fees.
EXCHANGE RATES: Thurston Rivera Luxury Travel quotes prices based on the exchange rates for the destination’s respective foreign currency. Exchange rates are subject to fluctuation and client’s bank transaction fees. It is the responsibility of the client to confer with their respective bank as to the total fees charged. The exchange rate is only fixed when full payment is made, unless otherwise noted on Client’s itinerary.
QUOTES SUBJECT TO CHANGE: Any price that Thurston Rivera Luxury Travel quotes is subject to change without notice until full payment is made, unless guaranteed in writing with a specific expiration date.
LATE FEES: Final payments not authorized and/or received prior to the due date will incur a minimum of $25 per person late fee. All reservations are subject to cancellation and penalties as described above if payments are not received on the due date. Late fees are not covered by the travel insurance and are always non-refundable.
AIRLINE FEES: Due to continual changes in airline policies it is suggested that you inquire with your airline's website for up-to-date fees & information. Thurston Rivera Luxury Travel is NOT responsible for additional fees incurred for baggage, seating, etc.
Destination Risks and Requirements
ADVISORIES: Travel to certain destinations may involve greater risk than others. Thurston Rivera Luxury Travel urges clients to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking a trip to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://travel.state.gov. In addition, you should consult with the government Embassy and Consulates websites to ensure that you are in compliance with all requirements for admittance into that country as well as understanding local laws that govern travel within a country.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, THURSTON RIVERA LUXURY TRAVEL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLIENT'S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CLIENT’S OWN RISK.
REQUIRED INFORMATION AND DOCUMENTATION: You and any minors traveling with you Internationally must be in possession of a machine-readable passport valid for 6 months after your trip return date (or per specific Country requirements) along with applicable visas and entry requirements. Some airlines will not allow you to board if these requirements are not met. For information about passport requirements you can visit the State Department’s website at https://travel.state.gov/content/travel/en/passports.html. It is your sole responsibility to secure, carry, and/or pay for any and all documentation, visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete. Thurston Rivera Luxury Travel bears no responsibility for such documentation and will not be responsible for advising and/or obtaining required travel documentation for you, unless requested at an additional fee, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government
decisions about entry. Clients are required to immediately review all aspects of their trip documents to verify the following (but not limited to): all clients’ names, passport details, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your trip documentation.
● Visas: Some countries require visas to enter. Some countries require that your passport have two to four blank visa/stamp pages. Without a valid visa, you may be denied entry into the country. You can find out if you need a visa by visiting the embassy website of the country you'll be traveling to. Although you can always contact us with questions, it is your responsibility to ensure you have all the proper travel documents, to include your visa(s).
● Children Traveling with One Parent, or Someone Who is Not a Parent/Legal Guardian, or Children Traveling in a Group: Foreign border officials may require custody documents and/or notarized written consent from the other parent/both parents not traveling with the child. Requirements vary by country, so if this applies to anyone in your traveling party, please research the requirements and leave prepared.
● Official Identification: When travelling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. Examples: DHS designated enhanced driver’s license, USA Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and trip records. For more information you can visit the TSA website at https://www.tsa.gov/travel/security-screening/identification. Client is required to verify the accuracy of every clients’ LEGAL first & last names. It is mandatory that client names be identical to the LEGAL first and last names and identical to the names as they appear on your trip documents.
● Health: Recommended inoculations for travel may change and you should consult your medical provider for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
o Disinsection: Most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture, or environment. While this is not a common practice, we want you to be aware that it is a possibility. This process includes the following: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information you can visit the U.S. Department of transportation website at: https://www.transportation.gov/airconsumer/spray.
Change and Cancellation Policy
As described above, planning your trip takes extensive time and research and Thurston Rivera Luxury Travel may be required to pay all Travel Providers well in advance of your vacation date. All Travel Providers have their own change and cancellation policies, which apply to your trip. All cancellations must be received by Thurston Rivera Luxury Travel in writing. If you cancel a trip for any reason there will be no refunds on planning or service fees issued by Thurston Rivera Luxury Travel, and you will only receive a refund or credit voucher, if any, as provided by Travel Providers and in accordance with the Travel Provider’s terms and conditions.
THIRD PARTY PENALTIES: A ‘trip’ often consists of multiple components, each of which may carry its own cancellation penalties (example: an airline ticket, a pre-trip hotel night, a multi-day adventure vacation by a Travel Provider, a post-trip extension designed by Thurston Rivera Luxury Travel, all of which may be subject to a different set of cancellation policies). Upon inquiry, you will be provided with the individual cancellation policies to the extent that these are available in a distributable format, for your records, but Thurston Rivera Luxury Travel is not responsible for this policy distribution. Clients are responsible for obtaining the applicable detailed policies by contacting Thurston Rivera Luxury Travel and requesting a copy (if available, otherwise it will be summarized in the proposal).
THIRD PARTY REFUND: Upon receipt of your cancellation request, Thurston Rivera Luxury Travel will follow industry procedures for any applicable refunds as outlined in the Travel Provider’s terms and subject to their review. If you are entitled to a refund, please note that the Travel Provider is responsible for this refund, not Thurston Rivera Luxury Travel. Generally, any trip reservation cannot be refunded if they are partially used. We are not responsible for a Travel Provider’s failure to pay a refund. Money will be refunded to the original payor in the original form of payment.
NONREFUNDABLE FEES: In addition to the terms and conditions of our Travel Providers, any refund will be less our $150 per person non-refundable planning fee and any non-refundable deposits.
CHANGES AND CANCELLATION BY THE TRAVEL PROVIDER: We will inform you as soon as reasonably possible if the Travel Provider or tour operator needs to make a significant change to your trip or to cancel. We will also liaise between you and the Travel Provider in relation to any alternative arrangements offered by the Travel Provider but we will have no further liability to you. During local or national holidays, certain facilities such as museums, sightseeing trips and shopping may be limited or unavailable. In such instances itinerary changes are made by Travel Providers seeking to reduce inconvenience to clients. Such changes are deemed not to be a major change, and no compensation will be payable to clients. Holidays, closing days and other circumstances may necessitate a change of the day of the week for scheduled regional meals, sightseeing or other activities. If you feel your enjoyment might be diminished by any of these circumstances please check with the respective national tourist office before selecting a specific departure date.
We cannot accept liability, provide any refund, or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, inconvenience or damage as a result of circumstances amounting to “force majeure”. “Force majeure” means any event or circumstances which we or the Travel Provider of the services in question could not foresee or avoid. Such events and circumstances may include, acts of God, actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation, adverse weather conditions, fire and all similar events outside our control.
FEAR OF TRAVEL: Furthermore, there will be no refunds due to fear of travel from actual or threatened terrorist, health, political, pandemic or other similar events. It is important to note that fear of travel, travel advisories and destination being inaccessible are not covered risks.
NON-OPERATION OF GROUP TOURS: All group tours are based on a minimum number of participants. Thurston Rivera Luxury Travel makes every effort to ensure that tours meet their minimum requirements. However, if the tour drops below the minimum number of participants cancellation of the tour may occur at the sole discretion of Travel Provider or Thurston Rivera Luxury Travel. In such case, clients will be advised as soon as possible. Travel Provider or Thurston Rivera Luxury Travel reserves the right to change the departure date. We may offer alternative tour dates or other travel arrangements. You may choose to accept these arrangements or to cancel your trip, in which case a full refund will be provided. Any air cancellation will be in accordance with the terms of the carrier and Thurston Rivera Luxury Travel will not be liable for the carrier’s refusal to make any refund whatsoever. In such case Thurston Rivera Luxury Travel will not be liable for any additional costs incurred outside of the trip prices such as visa and passport fees, travel insurance or any other purchases made by the client in anticipation of the tour.
CHANGES TO THE ITINERARY/RATES: The right is reserved to substitute hotels of similar category (if available) or change schedules without prior notice should circumstances so demand. In the event of a change in the itinerary necessitated by factors or conditions beyond the actual control of Thurston Rivera Luxury Travel no refund can be made, nor will credit be allowed, or refund given for any services provided in the itinerary should any such services not be utilized. We reserve the right to alter any itinerary, arrangement(s), or date(s), if it becomes necessary or advisable, and each client agrees to pay additional expenses required by such alternative(s), if any. All prices are subject to change without notice. Availability of refunds for air transportation included in a trip and additional transportation costs for a client who does not utilize an air transportation part of the service will vary with the type of transportation and the point at which transportation is not used and shall be made at the sole discretion of Thurston Rivera Luxury Travel. All rates quoted in the description(s)/itinerary(ies)/brochure(s) are based on the current carrier tariffs and current international exchange rates and are subject to adjustment without prior notification in the event of changes therein, and any increase resulting from such adjustment shall not modify the cancellation provisions in the trip description/itinerary/brochure or the Trip Reservations and Details from accompanying this disclosure notice.
LIMITATIONS: The issuance of any tickets, reservations, or bookings by Thurston Rivera Luxury Travel is done on the express condition that: 1. Thurston Rivera Luxury Travel shall not be responsible for any changes in fares, rates, charges, or prices initiated by the carrier(s) or Travel Providers, and 2. Thurston Rivera Luxury Travel shall not be responsible for any damages resulting from cancellations, changes, or disruption of any services and/or for refunds of monies already paid or transmitted to any carrier or Travel Provider. Client’s initial retention of tickets, reservations, or bookings after issuance shall constitute a consent by client, on his/her behalf and on behalf of his/her companions, to the above. Nothing agreed to herein by the client is meant to interfere with client’s legal rights against any carrier(s) or Travel Providers.
AIRLINE SCHEDULE CHANGES AND CANCELLATIONS: Occasionally airlines change flight schedules & may even cancel flights entirely. These changes are beyond Thurston Rivera Luxury Travel’s control. In the event that such a situation occurs; Thurston Rivera Luxury Travel will do it’s very best to assist you with finding best possible alternate option(s). If the flight time change is minor (2 hours or less) the airline will automatically make the change (airline policies/rules entitle them to legally do so). Thurston Rivera Luxury Travel will notify you of major changes. Please Note: there may be additional costs to re-book a new flight should the airline cancel or make a major change to your original flight itinerary. Thurston Rivera Luxury Travel is NOT responsible for any additional costs or fees imposed by the airlines.
RE-CONFIRM YOUR FLIGHT: Thurston Rivera Luxury Travel advises you personally to reconfirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure. Thurston Rivera Luxury Travel is not responsible for changes that may occur within 24 hours of original flight departure time.
Trip Protection Insurance
It is the client’s responsibility to protect their purchases. For this reason, Travel Protection Coverage is strongly recommended. Such plan should cover Trip Cancellation or Interruption, Cancel for Any Reason if available, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a COVERED REASONS such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage delay or loss.
TECHNICAL QUESTIONS: Thurston Rivera Luxury Travel is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Thurston Rivera Luxury Travel cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, it is advised to call your insurer or your insurance agent or broker.
DENIED ENTRY: Certain countries and certain suppliers have a requirement for foreign visitors to have valid medical insurance on entry. Thurston Rivera Luxury Travel cannot be held responsible for denied entry if a client is unable to provide details to authorities of insurance or denial of entry for any reason.
DECLINING PROTECTION: Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise
have been available.
Client hereby understands, acknowledges, and agrees that Thurston Rivera Luxury Travel, LLC, its owners, officers, members, employees, agents, representatives, affiliates, vendors, and independent contractors (collectively “Thurston Rivera Luxury Travel”) does not own or operate any entity which is to or does provide goods or services for the Trip including without limitation, for example, partnership with, or ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional or included excursions or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors that Thurston Rivera Luxury Travel works with as such. Client therefore release and hold harmless Thurston Rivera Luxury Travel, its owners, officers, members, employees,
agents, affiliates, and vendors for any negligent or willful act or failure to act of any such person or entity, or of any other third party, and you agree to and shall not make any claims against Thurston Rivera Luxury Travel for any such actions or omission by Thurston Rivera Luxury Travel or any such third parties. Without limitation, Thurston Rivera Luxury Travel is not responsible for any injury, loss, or damage to your person or property, death, delay or
inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as zip lining, snorkeling or scuba diving, paddle boarding, horseback riding, surfing, swimming, kayaking, sailing, canoeing, rafting, hiking, bicycling, rock climbing, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics, pandemics, or the threat thereof or for any other cause beyond the reasonable control of Thurston Rivera Luxury Travel. Thurston Rivera Luxury Travel reserves the right to change hotels, the itinerary, or other features of the Trip if Thurston Rivera Luxury Travel believes it will enhance the safety, comfort or enjoyment of the Trip for you and the other participants, but in each case, if feasible, with Client’s prior consent.
ASSUMPTION OF RISK/WAIVER: Client is aware that travel such as client is undertaking on the Trip may involve hazardous activities, some in remote areas of the world. Inherent hazards and risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; client’s own negligence and/or the negligence of others, including tour guides, other guests, Thurston Rivera Luxury Travel, LLC, and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
ACCEPT UNKNOWN AND UNCERTAINTY: Client understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, client is willing to accept the risks and uncertainty involved as being an integral part of travel. Client hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the
negligence of Thurston Rivera Luxury Travel and agrees to and shall hold harmless and fully release Thurston Rivera Luxury Travel from any and all claims associated with the trip, including any claims of third party negligence and you hereby covenant not to sue Thurston Rivera Luxury Travel for any such claims or join any lawsuit or action that is suing Thurston Rivera Luxury Travel. This agreement also binds your heirs, legal representatives and assigns.
Client agrees to and shall indemnify and hold harmless Thurston Rivera Luxury Travel, LLC, and each of our officers, directors, employees and agents (collectively “Thurston Rivera Luxury Travel”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Thurston Rivera Luxury Travel (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) Client’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by client while participating in the trip.
SUBMISSION TO JURISDICTION
This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. Any claims shall be brought in a court located in California. All client claims must be submitted in writing and received by Thurston Rivera Luxury Travel no later than 60 days after completion of the Thurston Rivera Luxury Travel vacation. Client claims not submitted and received within this time shall be deemed to be waived and barred. Entire Agreement & Severability This agreement, including any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Thurston Rivera Luxury Travel. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.