TERMS AND CONDITIONS:
Terms and Conditions: Multi-Day Tours
By purchasing an Experience Agave multi-day tour, you (the “Guest”) agree to the following terms and conditions.
Services will be provided by Agavision, LLC (dba “Experience Agave”), hereinafter “EA”). EA will accompany and guide Guest during the dates of their purchased tour in Mexico. Guest is solely responsible for air or other transportation to and from Mexico. On the trip, Guest will receive services from third parties who are not agents or employees of EA, including restaurants, hotels, transportation providers, tour guides and distilleries. While EA makes every effort to provide reputable suppliers, Guest expressly agrees that EA shall not be liable for any negligent or willful act or failure to act of any such party, or of any other third party.
Guest agrees to pay EA the full price of their tour. All deposits are non-refundable and non-transferable. Payment in full shall be received seven calendar days before the commencement of the purchased tour. If EA cancels trip, a full refund will be issued to Guest.
GUEST RESPONSIBILITY AND DISCLOSURE
Guest understands that s/he is participating in a tour in a foreign country, and that certain risks and dangers may arise, including, but not limited to, the hazards of traveling internationally, travel by boat, train, automobile, aircraft or other means of conveyance, the forces of nature, political unrest, terrorist attack and accident or onset of illness without means of rapid evacuation or medical facilities. Guest is also aware and clearly understands that EA will not have liability regarding provision of medical care or the adequacy of any care that may be rendered. Guest understands that when traveling in a foreign country, it is Guest’s responsibility to comply with the laws and legal requirements of that country.
Guest is responsible for providing their own travel insurance from a licensed insurance company.
EA reserves the rights to make adjustments to the trip itinerary and to substitute restaurants, hotels, transportation providers, tour guides and distilleries with others of similar quality. EA reserves the right to cancel any tour prior to departure.
Guests are expected to comport themselves as mature adults. If, for any reason, any representative of EA deems that Guest is causing a disruption or behaving in an untoward manner, EA reserves the right to remove Guest from the trip, at Guest’s own expense, with no redress to EA. Guest grants EA permission to use, adapt, modify, reproduce, distribute, and display Guest’s image or visual likeness, first name and/or voice in commercial, advertising and promotional materials. Guest releases, and agrees to indemnify, defend, and hold harmless EA from any and all claims Guest, or any third party, may have now or in the future for invasion of privacy, right of publicity, copyright infringement, defamation or any other cause of action arising out of the use, adaptation, reproduction, distribution, or display of Guest’s image or visual likeness, name and/or voice.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, Guest agrees to limit the liability of EA and its consultants, partners, agents and employees to the sum of US$4000 or the price of the Guest’s trip, whichever is greater. This limitation applies to any and all claims, losses, expenses, injuries, or damages arising out of or any way related to the trip or this Agreement by reason or any act or omission not amounting to a willful or intentional wrong. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.
It is the intent of the Parties that all questions arising from this Agreement shall be determined in accordance with the applicable provisions of the laws of the State of Oregon, in the United States of America.
This Agreement is binding upon both Parties, their heirs, legal representatives, guardians and assigns. If any portion of the Agreement is unenforceable, the remaining portions shall remain in full force and effect.