4X4 SURF TOURS

I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.

• I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity. 

• I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity. 

• In consideration of my application and permitting me to participate in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: 

• (A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: 4x4 Surf Tours, and/or their directors, officers, employees, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers; 

• (B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise. 

• I acknowledge that 4x4 Surf Tours and their directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf. 

• I acknowledge that this activity may involve a test of a person's physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers. 

• I acknowledge that surfing is inherently a dangerous sport and I am participating on my own free will.

• I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity. 

• I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns. 

• The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

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The following terms and conditions ("Terms and Conditions") apply to all organized Trips, related Services, and Travel Packages offered by 4X4 SURF TOURS and/or its agents, employees, associates, affiliated companies, independent contractors, or subcontractors (hereinafter referred to as "4X4 SURF TOURS", "we," or "us").

• The terms "Travel Package," "Vacation," "Trip," or "Service," as used in these Terms and Conditions encompass: travel planning and consultation,boat charters, boat transportation, ground transportation, hotel rooms, resorts, camps, or other lodgings, tours, car rentals, leisure or adventure activities, expeditions, and any other travel or travel related products offered, sold, recommended, or provided by 4X4 SURF TOURS.

 

• References herein to "Traveler," "client," "you," or "your" shall apply to each and any of the following: a party participating in an offered Trip or Service, their Parent or Legal Guardian who accepts these Terms and Conditions on their behalf if the party participating is not of legal age to enter into a binding legal contract on their own behalf, and/or the party who purchases the Trip. .

 

• When clients are booked by one group leader, all correspondence will be sent to the group leader, not to each individual client unless each client contacts us directly with contact details and requests personal notification and recognition by the group leader.

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• All 4X4 SURF TOURS Services must be reserved with a 'Deposit'. Said 'Deposit' is only refundable under the following condition:

  • Any cancellation of a 4X4 SURF TOURS Travel Package or Service made by a client must be received in writing. The following cancellation fees apply to any and all 4X4 SURF TOURS Travel Packages and all Services rendered by 4X4 SURF TOURS:

    • If the written cancellation is received by 4X4 SURF TOURS within 31 or more days of the departure date, the client is entitled to a refund of 90% of the 4X4 SURF TOURS Travel Package that has been purchased.

    • If the written cancellation is received by 4X4 SURF TOURS within 30 days or less of the departure date, the company shall not be obliged to refund any monies whatsoever.

 

• 4X4 SURF TOURS does not accept any liability in contract or in tort for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force majeure or other events which are beyond our control, including but not limited to war, civil disturbance, fire, floods, unusually severe weather, acts of God, acts of Government or any authorities, accidents to or failure of machinery or equipment. Failure by the client to obtain a passport, visa or proper vaccinations.

 

• We will try our best to provide you with information regarding the necessary visas, passport, and vaccination requirements for your Trip, but it is ultimately Traveler's responsibility that to verify they have all the proper documents prior to travel.

 

• A full and valid passport is required for all persons traveling to any of the destinations outside the U.S. that we feature. You must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates required for your entire Trip. 

 

• Most out of country Trips require a passport valid until at least six (6) months beyond the scheduled end of your Itinerary. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their Trip.

 

• Unless otherwise stated in the description of the offer, the following will NOT be included as part of the advertised price  : items of a personal nature such as incidentals and laundry, excess baggage charges, foreign government departure taxes, costs of Passports or Visas, inspection fees, customs fees, immigration and naturalization fees, service fees, travel insurance including health, accidents, lost baggage and trip cancellations, airport parking, tips and gratuities, national and international airport charges, any other activities or items not explicitly advertised as included in the price of a Travel Package in the description of the offered Trip.

 

• 4X4 SURF TOURS is not liable in the event that satisfactory surf is unavailable or that surf is of too great a magnitude for a client to participate in such activities.