UTAH LUXURY TOURS

1389 Center Dr #200
Park City, UT 84098
(435) 940-4212

 

TERMS AND CONDITIONS OF SERVICE

IMPORTANT: PLEASE READ CAREFULLY BEFORE SIGNING THIS AGREEMENT. THIS IS A BINDING LEGAL DOCUMENT AND BY SIGNING IT YOU ARE AGREEING TO CERTAIN TERMS AND CONDITIONS OF SERVICE.

These Terms and Conditions of Service Agreement (“Terms”) is made between Moab Luxury Coach, Inc. DBA Utah Luxury Tours (hereinafter “ULT”) and the undersigned (hereinafter “you” or “Booking Party ”). In consideration of your participation in tours, excursions, lodging, transportation, dining, and other related activities (Collectively “Activities”) conducted by ULT, you hereby agree to the following:

BOOKING

Acceptance. Upon receipt and acceptance of your initial deposit together with these Terms signed by you, your proposed Activities will be confirmed and accepted through transmittal of a confirmation email (“Booking”). If you fail to receive a confirmation email or the content of that email contains any error(s), you must notify ULT in writing immediately, but no later than 72 hours after payment of your initial deposit. Failure to report errors may result in Booking Party incurring additional charges. All Bookings are subject to availability and ULT’s sole and absolute discretion. ULT’s proposed Activities shall not constitute an offer, rather a solicitation for an offer, which must be expressly accepted by ULT after the initial deposit has been made by the Booking Party. The Cancellation Fee Policy (defined below) applies upon Booking. By completing a Booking with ULT, you represent that you are over the age of 18 and have the authority to make Booking decisions for your party and bind them to these Terms. As the Booking Party, you will be responsible for full payment of the Booking prior to commencement of ULT Activities and in accordance with the due dates as set forth herein.

Special Requests. If you have special requests, they must be made in writing. ULT will take commercially responsible steps to comply with special requests (i.e. dietary restrictions, seating assignments, room requests, etc.), however ULT cannot guarantee the request will be met and you agree not to hold ULT liable in such an event.

Pricing. ULT strives to keep the prices indicated on its website accurate, but are subject to change. Market conditions, dates of travel, and peak season dates/times affect pricing and availability, therefore no quote price is final unless and until you return these Terms signed by you, the required initial deposit has been received by ULT and ULT confirms your Booking.

Excluded Items. ULT is not responsible for any costs that are not listed on your confirmation email including, but not limited to passport fees, visas, airport taxes, luggage fees, internet/Wi-Fi fees, room service, laundry service, meals, beverages, entrance fees, use fees, facility fees and resort fees.

Payment. Payment must be made by credit card. ULT accepts Visa, MasterCard, American Express, and Discover. Below is the standard payment schedule:

Initial Deposit – Required at the time of proposal confirmation 30% of the Confirmed Tour Price
Installment Payment – Due 60 days prior to departure 30% of the confirmed Tour Price
Final Payment – Due 30 days prior to departure 40% the remaining balance

ULT reserves the right to alter the payment schedule depending on the advance notice of Booking, size of the party, nature of the trip, type of excursions and availability. Please note that if your specific Booking does not fit within the standard payment schedule above, you will receive notice of a modified payment schedule prior to ULT confirming your Booking. Failure to adhere to the payment schedule may result in cancellation of your Booking without a refund.

THIRD PARTIES AND VENDORS

Suppliers. ULT will engage the services of third-parties (“Suppliers”) to fulfill and customize your Activities. The Suppliers ULT uses are not agents or employees of ULT and ULT is not responsible for any acts or omissions made by the Suppliers. By utilizing the services of third-parties you agree that that ULT and its employees shall not be liable for any damage, theft, loss, delay, expenses, injury, accidents, dismemberment, or death from any act, omission or negligence from any individual, employee, or agent of the Suppliers. Private Air Charters. When a reservation for a private air charter is made within 180 day of the tour departure date, full payment of the charter is due at the time of the Booking. Cancellations with private air charters are subject to the terms, conditions and policies of the air charter company. This may result in a larger nonrefundable portion of your deposit than set forth in the Cancellation Fee Policy.

Luxury Lodging. Due to the limited supply of luxury lodging in The Grand Circle and the quality of lodging available during peak season, most resorts will require a 2-3 night minimum stay and payment in full at the time of Booking. Any changes and cancellations will be subject to the terms, conditions and policies of the lodger. This may result in a larger non refundable portion of your deposit than set forth in the ULT Cancellation Fee Policy.

Excursions. Any excursion or activity listed in your Booking confirmation will be a part of the contract you formed with ULT. Any excursion or activity that you book outside of the ULT confirmation will not be a part of this contract and you will be subject to their terms, conditions and policies.

Delays. If you, or anyone in your party, is delayed and will be late for your tour’s departure, ULT will do its best to conduct the tour as agreed. However, ULT is not liable for any fees associated with missed connections, missed Activities, or late check-ins.

ASSUMPTION OF THE RISK

Risks. I understand that the Activities may be physically demanding, dangerous and involve risks of injury or death. Such risks include, but are not limited to changes in terrain, sharp rocks, debris, wild animals, inclement weather, equipment misuse, equipment failure, fatigue, heat exhaustion, dehydration, dizziness, tripping, slipping, falling, scratches, cuts, bruises, concussions, failure to control one’s ability, failure to know one’s limitations, paralysis and/or death. I recognize and understand that injuries are a common and ordinary occurrence involved in outdoor recreational Activities and I voluntarily assume full responsibility for any risks of loss, property damage, personal injury, including death that may be sustained by me, as a result of participation in the Activities whether or not listed above.

Physical Health. I represent that I am in good physical condition, not pregnant and free from known heart, respiratory or other health problems that could limit or prevent me from safely participating in the Activities. If I am pregnant or have a known medical condition, I also represent that I have consulted with my medical health care provider and have been cleared to participate in the recreational Activities of ULT.

Participants Waivers. You represent that you have explained the above risks and requisite physical health requirements to all Participants (members of the Booking Party’s group). You understand and accept that as a condition to participation in Activities, every Participant must return a completed Assumption of Risk and Waiver of Liability Agreement before participation in Activities.

Loss. Booking Party and its Participants are solely responsible for the security of their personal property and ULT is not under any obligation to the Booking Party or its Participants to protect or warn against vulnerabilities to personal property that may result in loss from criminal conduct of non-ULT persons.

FIREARMS

Possession. In order for Participants to get maximum enjoyment and benefit from the Activities, ULT strongly discourages Participants from possessing firearms during Activities. ULT will not issue any compensation or refunds for missed Activities resulting from limitations or restrictions associated with or in connection with Participants possession of a firearm. As a part of our Activities, you may visit national parks. Some national parks span multiple states. While National Parks may permit firearms within its boundaries, applicable state and local laws may prohibit possession of firearms. It is each Participants sole and exclusive responsibility to know, understand, and comply with all applicable federal, state, and local firearms laws. Possession of firearms is prohibited in Federal Buildings, including, but not limited to, visitor centers located within the national parks.

ULT will NOT hold or store any firearms for any guest for any reason and firearms are not to be left or stored in any vehicle used, owned or reserved by ULT. ULT and its Suppliers will not be held liable for any firearms violations committed by Participants.

CANCELLATIONS

Cancellations by You. The provisions contained in this section constitute the “Cancellation Fee Policy.” You may cancel your booking at any time subject to the cancellation refund schedule below. All cancellations must be made by completing ULT’s cancellation form that can be found at www.utahluxurytours.com/TermsofService. Once complete, send the completed form to your coordinator as indicated in your confirmation email. Whether the completed form is sent by mail or email, the date used to determine the amount of refund is the date that the form is received by ULT, not the date dispatched. Once the completed form is received by ULT, you will receive an email confirming your cancellation. This cancellation email will detail the amount of refund you will receive. Any verbal or voicemail request for cancellation will not be accepted. All days are calendar days. Departure is the first day of your provided itinerary.

Cancellations Made:

121+ days prior to departure 100% of total Booking price refunded minus $500/Participant.

61-120 days prior to Departure 70% of total Booking price refunded.

31-60 days prior to Departure 40% of total Booking price refunded.

0-30 days prior to Departure No Refund.

Cancellations Made by Company.

ULT reserves the right to cancel any portion of a Booking or Activities for any reason. If a cancellation becomes necessary, ULT will do its best to provide you with alternative arrangements or issue you a refund for the portion of your Booking or Activities cancelled by ULT.

Force Majeure. ULT is not liable for and will not issue any refund for failure to perform its obligation under this contract if it is prevented or delayed in performing its obligations by an event of force majeure. A “Force Majeure” is an event or circumstance that is beyond the control and without the fault or negligence of ULT and which by the exercise of reasonable diligence is unable to prevent including, but not limited to riots, war, invasion, acts of foreign enemies, acts of terrorism, civil war, rebellion, revolution, insurrection, contamination, Acts of God (i.e. earthquakes, flood, fire, drought, etc.), strikes, and closure of airports.

CHANGES TO YOUR ITINERARY

Booking Changes by You. If you need to make an alteration to your confirmed Booking, ULT will make commercially reasonable efforts, subject to availability, to fulfill your request, however, you will be responsible for any differences in pricing, change fees, and penalties imposed by Suppliers. Booking change requests must be made in writing and by the Booking Party.

Booking Changes by ULT. It may become reasonably necessary for ULT to make a change to your itinerary of Activities as set forth in your Booking. Changes to your itinerary, including but not limited to, changes in order, day/time or route, may be made necessary by inclement weather, availability of resources, including Suppliers, logistical difficulty or impracticality or any other reason believed to be in the best interest of the Booking Party and his Participants as determined in the sole and absolute discretion of ULT. If itinerary changes are made by ULT, you will be notified of the change and any credit for the change, if any.

RELEASE, DISPUTES, CHOICE OF LAW, ARBITRATION

Right of Publicity. You hereby grant to ULT and its licensees, successors and assigns, the right to record, both photographic and film records, use, publish, and reproduce, for marketing and advertising purposes of ULT, its subsidiaries, licensees, successors and assigns, your name, your image, your likeness in print and electronic images of you and the Participants in any and all media including, but not limited to, cable and broadcast television and the internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational conferences and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised. The right to use granted herein shall be worldwide, irrevocable, unlimited, perpetual and royalty-free. You covenant that you have received the consent and release for all Participants included in your Booking to use their name, their image, their likeness in the same manner as granted by you. You also waive any right to inspect or approve finished photographs or videos, or advertising copy or printed matter or computer generated images and other electronic media that may be used in conjunction therewith or to approve the eventual use that it might be applied.

Indemnification. I agree to indemnify, defend, and hold harmless ULT, its directors, officers, shareholders, members, employees, affiliates, licensors, and affiliated parties from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorney’s fees) due to, arising out or, or related in any way to your participation in the Activities. Severability & Merger. These Terms represent the entire agreement of the parties. These Terms shall only be modified by an Officer of Moab Luxury Coach, Inc. and only in a writing signed by the parties. In the event that any section of this waiver is deemed unlawful, void, or unenforceable then that provision will be severed from this agreement and shall not affect the validity or enforceability of the remaining provisions.

Applicable Law, Venue and Forum. Any dispute that arises from participation in the Tour, excursions, or Activities and/or this document will be governed by these Terms and the laws of the State of Utah and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Any lawsuit or arbitration, if any, by myself or ULT against the other will occur in state or federal court in Salt Lake City, Utah. You and ULT and agree that the jurisdiction and venue of these courts is exclusive.

Arbitration. I agree to arbitrate any disputes arising from this agreement. Arbitration prevents you from suing in court and having a jury trial. I also agree that any arbitration will occur in Salt Lake City, Utah, and will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND AGREE TO ABIDE BY ITS TERMS AND CONDITIONS AS STATED ABOVE. I ALSO ACKNOWLEDGE THAT I AM WAIVING MY RIGHT TO A JURY TRIAL.

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