Terms & Conditions | Canyoning Colorado

General Terms and Conditions of Canyoneering Colorado LLC

1. Booking/ Reservation

1.1 A binding contract is established between you (and your party), the customer, and Canyoneering Colorado LLC (and its staff), the organizer, when you request a booking/reservation through speech or writing with Canyoneering Colorado LLC or an authorized agent of the organizer. By making a booking, the customer acknowledge the general contract conditions as part of the contract between themselves and the organizer.

2. Services

2.1 The organizer agrees to provide the services listed in the advertisement for the activity selected by the customer. Additions to these advertised services can be established with consultation of the organizer; the customer agrees to bear any additional costs from such agreements.

3. Conditions of Participation

3.1 Good health, both physically and psychologically, is mandatory for customer participation. The customer is obligated to inform the organizer of any pre-existing injuries or medical conditions they may have.

3.2 The customer will ensure they meet the minimum age requirements specified in the advertising of the activity.

3.3 The customer agrees to remain free from influence by drugs, alcohol, medications, or similar substances while participating in the activity.

3.4 The customer is obliged to strictly follow the instructions of the organizer at all times during the activity.

3.5 If any of the previous conditions of participation are not met, the organizer reserves the right to prohibit the customer from participation in the activity and to withhold any refund.

4. Price

4.1 The prices in effect shall be that of the most current advertising material at the time of booking. All prices will be quoted in US Dollars.

4.2 All prices are subject to change.

5. Payment

5.1 The full payment of the booked activities is required before the commencement of the trip.

5.2 If the payment is untimely, the organizer reserves the right to refuse the activity or withdraw from the contract. Any applicable cancellation costs will be charged to the customer (See Section 6: Cancellation/Refund Policy).

6. Cancellation/Refund Policy

6.1 All cancellations or changes of contract made by the customer must be notified to the organizer in writing before the start of the tour.

6.1.1 Any cancellation or modification of the contract by the customer shall incur the following cost: Any cancellation less than 48 hours before the scheduled activity departure: 100% of the Booking Payment Any cancellation more than 48 hours before the scheduled departure OR the submission of a valid doctor’s note in the event of a sudden illness or injury: Full Refund of the Booking Payment A valid doctor’s note must be supplied within 7 days of notification of cancellation, or a 100% cancellation cost will apply. A refund is only applicable to the customer’s party of whom the sudden illness or injury applies to.

6.1.2 If the customer ceases the activity at any time during the tour, they shall not be entitled to a refund.

6.1.3 If the customer fails to appear for the scheduled departure time, they shall not be entitled to a refund.

6.2 The organizer reserves the right to cancel the activity or withdraw from the contract at any time.

6.2.1 If the organizer cancels the activity or withdraws from the contract because the customer’s behavior, omissions, or other actions can or are jeopardizing the safety of any customer or staff, then the customer shall not be entitled to a refund.

6.2.2 If the organizer cancels the activity or withdraws from the contract for any other reason than the aforementioned clause, such as adverse weather conditions or a failure to meet minimum participant numbers, then the customer shall be entitled to: A full refund minus the services rendered; OR, The option to reschedule to an activity where the space and time is available. If a different activity or service is chosen from the initial contract, an additional cost or refund will be given in accordance with the difference in price.

7. Insurance and Liability

7.1 The customer is responsible for ensuring they have adequate health and accident insurance for the activities booked. The customer is not insured by the organizer.

7.2 In the establishment of this contract, the customer acknowledges that all activities provided by Canyoneering Colorado LLC include elements of risk which cannot always be eliminated. The liability of the organizer and its staff for damages or injuries incurred by the customer from participation in the organizer’s activities is limited to gross negligence and deliberate acts.

7.3 The organizer has the right to use a third party for rendering its advertised services. Canyoneering Colorado LLC is not responsible for the behaviour, omissions, or other actions of the third party.

8. Applicable Law and Jurisdiction

8.1 Colorado Law applies. The parties agree that Ouray, CO is the exclusive place of jurisdiction.