Terms and Conditions
Cancellation Policy
If you must cancel a reservation, contact us as soon as possible. All cancellations must be sent via email so that we have record of it. We are always happy to reschedule for a different date provided we have availability. Or we can give you credit towards a future trip from any forfeited fees. The cancellation policy below is for both full payments and deposits:
- Up to 7 days before departure: Full refund of all fees paid.
- Less than 7 days before departure: No refunds can be given. You have the option to reschedule for a different date or receive a credit towards a future trip.
- Wayfinder Hikes (WFH) cannot offer partial refunds for unused services. If you have to cut your trip short, no refunds can be given.
- Cancellation fees and forfeited deposits are non-transferable. If you sign-up for another trip, we can apply the forfeited funds towards the new trip. Contact us for details.
- If you are not present at the time of trip departure, we will try our best to contact you. We cannot offer any refunds or rescheduling for no-shows. You will forfeit your fees.
- In the event inclement weather keeps us from being able to access our primary destination, WFH reserves the right to change the itinerary as required. No refunds can be made for weather conditions. There are many alternate locations we can take you to when the weather is poor.
- In the event a event, workshop or expedition must be cancelled due to low participation rates, sickness, accidents, death, political events, natural disasters, and so forth, WFH will be promptly refund all fees paid. WFH reserves the right to cancel a trip at any time prior to departure. WFH will let all trip participants know as soon as possible should this unfortunate event occur. In the event of trip cancellation, WFH is not responsible for your personal travel expenses to the gateway location or any other expenses in preparing for the trip. We recommend that you have your own travel insurance.
Trip Insurance
WFH carries the necessary permits and liability insurance for legal operation. WFH highly recommends that all event participants carry their own insurance. It should cover any portion of trip or event payments that we are unable to refund due to cancellation. It is the participant’s responsibility to carry adequate health insurance for any areas we will be visiting. Any emergency care, hospital admissions, dentist’s and doctor’s treatments, prescriptions, and all other medical expenses are not insured by WFH and are the sole responsibility of each participant.
Health and Physical Fitness
WFH requires that all participants be in good physical condition. If you have concerns about whether or not your physical condition is adequate for any given event, please get an evaluation from a qualified medical professional before applying for a WFH event. Please contact WFH at any time with specific questions about any event. WFH recognizes that we will have people of varying abilities, and physical condition and will make reasonable attempts to accommodate if it does not greatly change the itinerary and goals of the event. It is each participant’s responsibility to insure they are adequately good physical condition for any event offered by WFH.
Changes and Delays
WFH will try to stay on the published itineraries as much as possible. However, there are circumstances outside our control that may cause changes or omissions. These include inclement weather, geopolitical events, unexpected closures, transportation delays, sickness, etc. In the event circumstances outside of WFH’s control cause a significant deviation to the itinerary, WFH reserves the right to make the necessary changes to insure the most successful event outcome. No refunds can be given for adverse circumstances beyond WFH’s control. Participants should allow some degree of flexibility in the itinerary and scheduling. If an itinerary change is needed before the event occurs WFH will communicate it to the event participants. Per diem refunds can be given for any significant pre-event itinerary changes.
Cost Increases
WFH offers events at a competitive price. Since events are scheduled far in advance, WFH uses the best estimates of costs at the time the event is first offered. Event costs can change significantly by the departure date. If an exceptional increase in costs occurs prior to departure, WFH reserves the right to add a surcharge. Application of the surcharge is again outside of WFH’s control and does not constitute an exception to the cancellation policy.
Participation
WFH reserves the right to accept or reject a participant for any reason. This will most likely happen if in WFH’s judgment the participant is incapable of the required activity and/or continued participation in the event will endanger the participant or the safety of the group.
Participant Responsibility
WFH expects that all participants act in a polite and law-abiding manner. Any illegal activity, alcohol or illegal drug use, poor treatment of other event participants or staff, and disrespectfulness will not be tolerated. WFH reserves the right to send participants home early at their expense if they cannot comply with their responsibilities.
Release of Photo/Video Rights
WFH may use, reproduce, and/or publish photographs and/or video of participants, including image, likeness, and/or voice. This material may be used in brochures, emails, and online to promote WFH and its product offerings.
Limitation of Liability
WFH works with hotel operators, transportation providers, food & beverage establishments, and other independent service providers for its events. Although WFH tries to hire good and reputable service providers, their individual actions are not subject to WFH’s control. Neither WFH, its affiliates, owners, 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 WFH, 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, WFH cannot be liable for delays in departure or interruption of your vacation arrangements caused by weather conditions, technical problems with any transportation mode, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion or any causes beyond the control of WFH. In no event will WFH be responsible for incidental, consequential or special damage or loss suffered by any person. WFH’s maximum liability, for any reason whatsoever, will be limited to the amount paid to WFH for its services. In issuing tickets and coupons for transportation of the purchaser by any means and making arrangements for hotel or other accommodation, WFH 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 WFH 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. The participant further understands that WFH neither owns nor operates such third party suppliers and accordingly, agree to seek remedies directly and only against those suppliers and not hold WFH responsible for their acts or omissions. Without limitation, WFH is not responsible for any negligent acts or omissions of itself or of any persons for whom it would otherwise be responsible, or acts which are beyond its control, including but not limited to acts of God or force majeure, weather emergencies, breakdown, or failure of diving or mechanical equipment, government actions, inclement weather, sickness, attacks by animals, availability of emergency evacuation, medical care or the adequacy of the same, criminal activity of any kind, terrorism, war, civil disturbance, sanitary conditions, quality or sanitation of food, quarantine, customs, regulations, epidemics, strikes, hotel overbooking, safety and/or security standards at hotels, accommodations or otherwise, any problems or injuries whatsoever arising from hiking or for any other reason beyond the control of WFH. WFH shall not be responsible for any injury to person (whether or not resulting in death) or damage to property arising out of any act of war, insurrection, revolt or other civil uprising or military action occurring in the countries of origin, destination or passage. In case of a medical problem arising during the voyage, which results in costs for evacuation, use of aircraft or repatriation, the responsibility for payment of these costs belongs solely to the participant if costs incurred are above that of the Emergency Evacuation Insurance. You understand, agree with, and agree to be legally bound by the terms of the release and waiver of liability set forth herein.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or the performance thereunder, including without limitation any claim related to bodily injury, property damage or death, shall be settled by binding arbitration in San Luis Obispo County, California, USA in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. This agreement to arbitrate does not waive or modify the liability release contained in this document. The dispute will be resolved by a single arbitrator who must be a lawyer admitted to practice in the courts of at least one state in the United States and have a minimum of fifteen years of experience in civil litigation. The arbitrator so described will be selected by the American Arbitration Association. Each party to the dispute shall have the right on a single occasion to veto the designation of an arbitrator so selected. There will be judicial review of the arbitrator’s decision if either side can show plain error in the application of law or be able to show an abuse of discretion with respect to factual findings. The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth herein.
Waiver of Jury Trial
In connection with any action or legal proceeding arising out of this Agreement, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.
Acknowledgement of Risk
The participant understands and acknowledges that your travel in an organized event by WFH may involve risk and potential exposure to injury and possibly death. You also realize and acknowledge that risk and dangers may be caused by the negligence, fault or wrongdoing of the owners, employees, contractors of WFH or of other participants, contractors and/or subcontractors to WFH. Risk and dangers may arise from foreseeable and unforeseeable causes. The traveler fully understands and acknowledges that the aforementioned risks, dangers and hazards are a potential in connection with your travel and recreational activities which may take place during your journey.
Express Assumption of Risk
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 activity, that you are willingly and knowingly electing to participate in this event 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, employees, contractors, or subcontractors of WFH 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). You understand and acknowledge that WFH reserves the right to accept or reject any participant for any reason, and WFH or its guide has the right to disqualify you from any trip activity, if in WFH’s judgement, you are incapable of that activity and/or your continued participation in the event will endanger yourself or the safety of the group. It is your responsibility and obligation to inform WFH, 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 event or any activity on the event. 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 WFH.
Release of Liability
In consideration of the services and arrangements provided by WFH, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify WFH, and its owners, agents, employees, contractors, subcontractors and affiliates from any and all 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 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, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS OR AFFILIATES OF WFH.
Acknowledgement
My signature below indicates that I (on behalf of myself and all other customers/participants for whom I am purchasing the travel package) have, on the date shown, read and understood the terms and conditions for the travel package. I acknowledge that these terms and conditions affect my legal rights and agree to be bound by their terms. My signature also signifies my intention (on behalf of myself and all other customers/participants for whom I am purchasing the travel package) to relieve and indemnify Joe Gremillion, d/b/a “Wayfinder Hikes”, affiliates, agents, contractors, and subcontractors from any liability for personal injury, emotional injury or distress, property damage or wrongful death which I/we might suffer during participation in the scheduled trip.
