- a) ‘Colorado Xplorer’ and ‘Xplorer’ are trading names of Colorado Xplorer, LLC having its registered office in Colorado Springs, CO USA and which is incorporated in the State of Colorado with limited liability.
- b) The ‘client’ is the person or persons who has/have made a confirmed booking with Colorado Xplorer.
- c) Your statutory rights are not affected by the within Terms and Conditions.
Reservation Acceptance Policy
- 1.1 Colorado Xplorer requires a deposit of 50% at the time of booking for reservations made 31 days or more prior to the scheduled tour departure date. Reservations made less than 31 days prior to departure require full payment at the time of booking. Confirmation of reservation and deposit are by e-mail only. Please authorize firstname.lastname@example.org as non-spam to ensure your confirmation e-mail arrives to your inbox. No Adventure Passes will be issued until full payment has been received and confirmed by e-mail.
- 1.2 On receipt of payment as detailed above, subject to availability and at our discretion, Colorado Xplorer will reserve the client a place on a trip. A contract is only made between the client and Colorado Xplorer upon the confirmation of your booking and our communication thereof to either you or your travel agent.
- 1.3 It is a condition of your booking being accepted that each client signs our waiver of liability, a copy of which will be forwarded to you with your confirmation and which must be signed and presented to your Colorado Xplorer Representative at the beginning of your tour. Failure to sign a waiver will result in the client’s booking being treated as having been cancelled by you and we reserve the right to impose the cancellation fees described in this agreement.
- 1.4 It is the full responsibility of the client to check the accuracy of the dates booked upon receipt of their travel documents
- 2.1 The price of your adventure pass does not cover your travel insurance.
- 2.2 Colorado Xplorer strongly recommends that the client purchases comprehensive travel insurance to cover cancellations, medical expenses, personal accidents, personal property, loss of money, and public liability before you travel. The client should ensure that any activities undertaken by the client during the Tour are covered by their insurance, in this regard, please note that certain activities may require specific insurance and it is a matter for the client to ascertain the position with their insurer before partaking in any activity. Colorado Xplorer reserves the right to refuse admission to a passenger unless the client has arranged appropriate insurance. Colorado Xplorer accepts no responsibility for loss or personal damage to personal belongings or liability for personal injury/death.
- 3.1 Cancellation of a client’s booking must be notified in writing by e-mail to Colorado Xplorer. Cancellation charges are calculated on the day when written notification is received by Colorado Xplorer. The Table below shows the number of days before departure dates that Colorado Xplorer receives written confirmation of cancellation, and the percentage of tour fare, including any surcharges that will be imposed on the client as a corresponding cancellation charge. Please note that in addition to the tour fare cancellation charges set out below, the client may also incur cancellation fees in respect of any third party suppliers booked by the client in association with a Colorado Xplorer Tour.
Days % Charged
Over 60 10%
Under 14 100%
- 3.2 Once the tour has started, no refunds will be made under any circumstances
- 3.3 If the reason for the client’s cancellation is covered by the client’s insurance policy, the client may be able to make a claim under that policy; this is entirely a matter between the client and their insurer.
- 3.4 If the client wishes to change to an alternative departure date, this must be done in writing with a minimum of 30 day notice and a change fee will apply. Any charges or non-refundable deposits which have been paid to third party suppliers are payable by the client in these circumstances.
Changes by Colorado Xplorer
- 4.1 Colorado Xplorer reserves the right to change the price of any of our tours. Any change in price will be reflected on the website. Colorado Xplorer will make every attempt to remove all out of date promotional material and update the website. The final price will be confirmed to the client at the time of booking. Clients should always check the website for the most current pricing and tour information.
- 4.2 Colorado Xplorer itineraries are deliberately flexible and if possible the requirements of individual groups and clients will be facilitated. Colorado Xplorer reserves the right to vary, modify, or cancel any itinerary, either partly or wholly. Itineraries published are sample itineraries only and may be amended without notice. If access to any area along the tour route is prohibited for reasons beyond Colorado Xplorer’s control Colorado Xplorer will make every effort to provide substitute services of an equivalent standard. In addition, Colorado Xplorer reserves the right to use alternative vehicles to those advertised.
- 4.3 In the event of cancellation of a tour by Colorado Xplorer, Colorado Xplorer will offer a full refund of the tour price only, less any non-refundable elements already booked. Colorado Xplorer is not responsible for reimbursement of any travel arrangements occurring prior to the departure of a client’s scheduled Colorado Xplorer Tour. Travel insurance is highly recommended for such circumstances.
- 5.1 The Adventure Pass can only be used by the individual whose name appears on the reservation. However, the Adventure Pass is transferable prior to the departure of the tour by written request. The name, address, phone number, credit card details, and emergency contact information must accompany such request in order for a transfer to be confirmed.
- 5.2 The Adventure Pass must be produced at any time at the request of a Colorado Xplorer Representative, and the client may also be asked to produce valid photo identification.
- 6.1 The client must observe the laws and regulations of the United States of America, the State of Colorado, and the policies of accommodation and activity providers. If the client does not, they may be asked to surrender their Colorado Xplorer Adventure Pass which may be cancelled without refund.
- 6.2 In the interest of safety there may be times when the Colorado Xplorer representative has to make a decision. It is a condition of booking that the client must comply with the authority and decisions of the appointed Colorado Xplorer representative. If the client does not comply with the Colorado Xplorer representative and is not compatible with the general enjoyment and well-being of the other members of the tour, Colorado Xplorer reserves the right to exclude the client from continuing the tour. In such a case, Colorado Xplorer will not be liable for any refund, compensation, or any additional costs incurred by the client. Colorado Xplorer will not accept responsibility for the behavior of others on the tour.
Trip Details and Conditions
- 7.1 Our Colorado Xplorer tours are physically active, with varying levels of demands and fitness requirements depending on the specific itinerary and duration of the tour. By booking your tour you represent that you do not have any physical or other conditions that would create a hazard for you or other Participants or affect other people’s enjoyment of the tour. If you have a physical or medical condition, dietary restriction, or other condition that will require special attention during the tour, you must inform us in writing when the booking is made. We may require a medical certificate if you have a special condition. We reserve the right in our sole discretion to accept, decline, or remove anyone from a tour (at departure or during the tour) who we judge to be incapable of meeting the tour’s physical demands. You must complete a waiver as detailed above before departure of the tour confirming your understanding of these circumstances and confirming your physical and medical condition. Please be aware in this regard that participation in each individual activity is a matter for the client on a day to day basis during the tour. If you do not want to participate in a particular activity, please let the Colorado Xplorer representative know.
- 7.2 Colorado Xplorer assumes no responsibility for any medical care provided to you. You agree to assume all costs of medical care and related transportation that are provided to you during the tour.
- 7.3 The client is responsible for all travel arrangements and costs to/from the point of departure/conclusion of the tour.
- 7.4 It is the responsibility of the client to ensure they have a valid passport and/or photo ID, all visas, permits, and certificates required by the United States in order to participate on a selected tour and to comply with all applicable laws.
- 7.5 The client agrees that Colorado Xplorer may take photographs and video of the client while on the tour and that these may be used in Colorado Xplorer brochures, advertising, and social media without obtaining further consent or payment in respect of such photographs or video.
- 7.6 Should the client have a complaint in respect of the tour, they should inform the Colorado Xplorer representative during the course of the tour. If the matter cannot be resolved after the representative’s best endeavors to do so during the tour, the client’s complaint should be made in writing within 14 days thereof so that it can be investigated. Any claims made after the 14 days period will not be considered by Colorado Xplorer. If the client chooses to write to Xplorer via the Internet, please include a return e-mail address to reply to in writing. Please note that if you attempt to address a situation on your own without using this notice procedure, you assume responsibility for any added costs you may incur and forfeit any potential refunds.
- 7.7 The contract and all matters arising in respect hereof shall be subject to Colorado State law.
- 7.8 If the client is unsuccessful in any legal action instituted against us, the client agrees to pay all our costs, including, but not limited to, legal costs.
- 7.10 Clients must be 18 years of age or older to participate on a Colorado Xplorer tour but Colorado Xplorer may, at its absolute discretion, and in exceptional circumstances, give confirmation of acceptance of a person outside this age restriction, subject to the signing of a waiver on behalf of the client by a parent or guardian and any other conditions that Colorado Xplorer may deem appropriate.
- 7.11 You agree that the sole remedy for any default by Colorado Xplorer arising under this agreement shall be the return of the paid tour cost. To the maximum extent permitted under applicable law, Colorado Xplorer shall not be liable for any special, consequential, indirect, incidental or other damages arising out of or in any way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, even if Colorado Xplorer has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.
Weather Conditions & Force Majeure
- 8.1 The client accepts that certain activities and aspects of Colorado Xplorer tours are weather dependent and that under no circumstances can Colorado Xplorer be held responsible for weather conditions.
- 8.1a Colorado Xplorer will not be deemed in breach of these terms and conditions or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under these terms and conditions to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond the reasonable control of Colorado Xplorer, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government intervention, weather conditions, volcanic ash clouds and unforeseen circumstances.
- 8.1b If Colorado Xplorer and/or any of its Suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole discretion, vary or cancel any itinerary or arrangement in relation to the tour. Regarding civil unrest, once Colorado Xplorer has investigated the prevailing situation, as it deems fit, it shall remain in Colorado Xplorer’s sole and absolute discretion whether to commence or proceed with a tour.
- 8.1c In the event that a tour has to be cancelled due to Force Majeure then the client will be offered an alternative tour at no extra cost. If this is not possible then the cancellation policy at paragraph 3 above will be applied.
NO SMOKING POLICY
- 9.1 Colorado Xplorer operates a no smoking policy in all its vehicles.
- 10.1 The booking conditions detailed herein together with the Waiver of Liability contain the entire contract between the client and Colorado Xplorer. No representation, term, warranty or condition can be expressed or implied by reference to any other writing, advertisement or conversation. This contract may only be varied in writing by a duly authorized Director of Colorado Xplorer.
- 10.2 The client’s contract is with Colorado Xplorer as the tour operating company. At any time and at Colorado Xplorer’s discretion, we may nominate to the client in writing any other company or person to have the benefit of some or all of those provisions of this contract, which Colorado Xplorer may then specify, as if the client had agreed the provisions directly with that company or person in the first place as well as agreeing them with Colorado Xplorer.. Colorado Xplorer may, at its complete discretion assign all or any rights and liabilities arising under or by virtue of this or any other contract with the client.
- 10.3 All bookings with carriers and other service providers (including but not limited to providers of accommodation, activities and food) are subject to the terms and conditions and limitations of liability imposed by those carriers and other service providers. Please note that some of these limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage. Whilst Colorado Xplorer will not accept any responsibility for any loss as a result of such actions or as a result of any act of omission of any such third parties, Colorado Xplorer will give assistance to the client in helping to resolve any reasonable dispute.
- 10.4 Many accommodation arrangements referred to in published advertising material and the website are provided independently by third party accommodation providers. Such arrangements are subject to the terms and conditions and limitations of liability imposed by those providers, and as such any contracts are undertaken directly between you and the third party accommodation provider. All such arrangements are made independently of Colorado Xplorer, regardless of any help and assistance which Colorado Xplorer may provide in securing such arrangements.
- 10.5 Many activity and outdoor adventure arrangements referred to in published advertising material and the website are provided independently by third party activity and outdoor adventure providers. Such arrangements are subject to the terms, conditions, and limitations of liability imposed by those providers, and as such any contracts are undertaken directly between you and the third party activity and outdoor adventure provider. All such arrangements are made independently of Colorado Xplorer, regardless of any help and assistance which Colorado Xplorer may provide in securing such arrangements.
- 10.6 Please note that no airline, carrier, or third party service provider depicted or recommended in published advertising material and the website, by virtue of their endorsement of such advertising material or the website, represents themselves either as contracting with or having any legal relationship with Colorado Xplorer.
- 10.7 Every effort is made to ensure published advertising material and website accuracy at the time of going to print or posting, however Colorado Xplorer cannot be held responsible for printing and typographical errors, or errors arising from unforeseen circumstances.
- 11.1 All Colorado Xplorer tours are operated by: Colorado Xplorer, LLC 2510 Haystack Dr., Colorado Springs, CO 80922.
- 11.2 These terms and conditions are valid for all reservations made through 2014 and 2015
Updating of Terms and Conditions: Colorado Xplorer, LLC reserves the right to update and/or alter these terms and conditions at any time. It is your responsibility to be familiar with these terms and conditions. The latest terms and conditions can be found on the website www.colorado-xplorer.com