Destination

Clear Destination

Activity

Clear Activity

Date

Terms & Conditions, Release from Liability, Assumption of Risk and Binding Arbitration Agreement

Note: Terms & Conditions are subject to change. Use of MT Sobek refers to MT Sobek, Mountain Travel and Mountain Travel Sobek.

Payment Schedule

Based on Land/Cruise Cost, per person

Scheduled Departures (1), (2)

At time of reservation……………………………………………………………$500

95 days prior to trip departure……………………………………………….Balance

(1) Gorilla trips require an additional non-refundable deposit for primate permits and park fees at the time of booking
(2) All Machu Picchu trips require a $500 non-refundable deposit at time of booking

Galapagos Cruises, Chile & Argentina Patagonia to the Sea Hiking & Cruise, Brazil Amazonas Wildlife River Cruise and Norway Natural Wonders Hiking

At time of reservation……………………………………….$500

130 days prior to trip departure…………………………$1,500

95 days prior to trip departure…………………………..Balance

Glacier Bay Historic Ship Adventure Cruising

At time of reservation……………………………………….$1,000

180 days prior to trip departure…………………………50% of Land/Cruise Cost

95 days prior to trip departure…………………………..Balance

Antarctica & Arctic Cruise Departures 

At time of reservation……………………………………….30% of Cruise Cost 

130 days prior to trip departure……………………….. Balance

Custom, Private and Special Departures (1)

At time of reservation………………………………………25% of Land/Cruise Cost

95 days prior to trip departure…………………………Balance

(1) Galapagos charters require a 25% non-refundable deposit at the time of booking. The final, non-refundable balance is due 130 days prior to trip departure.

Prices are in US Dollars, and all payments must be made in US Dollars by major credit card (Visa, MasterCard, or American Express). After we receive your deposit, we will provide you with detailed pre-trip information including a packing list, visa information (if required), statement of account, health and safety standards for your trip, vaccination requirements, and travel protection information. We will also send you a link to access and complete the required forms including a Release from Liability, Assumption of Risk and Binding Arbitration form, Proof of Vaccination, and Supplemental Release Regarding COVID-19 which are required for participation on any trip. Certain trips, including those designated as “Level 5”, require participants to have their physician complete and sign a Physician Certificate.  We will provide you with rendezvous instructions and final trip details approximately three weeks prior to trip departure.

What Your Trip Includes

The Land and/or Cruise Cost* for most trips includes: Expert leadership, accommodations as noted in the itinerary, fi arrangements (including camp and cook staff, group camping and commissary equipment, necessary activity equipment), all or most meals, sightseeing as noted in the trip itinerary, group airport transfers, ground transportation and support vehicles, local guides and support staff/porters, entrance fees and permits.

*Note–“Land/Cruise Cost” is defined as including the cost of the trip. Internal airfare, park fees, permits, and taxes may be included in the price or broken out separately. Unless otherwise noted, payment and cancellation policies apply to the total Land/ Cruise Cost, inclusive of internal airfare, park fees, permits, single supplements, and taxes, even when broken out separately. Travel agent commission is calculated from Land/Cruise Cost only and excludes tier charges, single supplements, internal flights, permits, park fees, visas, extra services and trip protection.

Each trip varies slightly, so please call and speak with one of our Regional Specialists or download itineraries at mtsobek.com. International airfare, optional gratuities, personal items and all other items not specifically included are not included.

Solo Travelers

Accommodations (hotels, tents, and cruise cabins) are based on double occupancy. If you prefer guaranteed single accommodation, you must pay a single supplement fee, which is listed in the Trip Itinerary. If you’re comfortable sharing your room with a same-gender roommate, you can avoid single supplements through our Single-Share Program. It works like this: When you sign up for one of our small-group departures at least 96 days prior to its start date, you’ll have the option of signing up for this program. We’ll try to find a same-gender roommate for you, but if we don’t find one, you’ll enjoy a private room without paying a Single Supplement*. If you sign up for your trip inside 96 days before departure and would like to share, we will charge you the full single supplement and refund it if you are matched with roommate.

*Please note that our Single-Share Program is not available on all departures and does not apply to Pre- and Post-Tour Extensions, Boat-based and Custom and Private trips.

Cancellations & Refunds

Based on Land/Cruise Cost, per person
At the time we receive written notice that you must cancel your trip, the following fees will apply (all dates are from departure date):

Scheduled Departures (1), (2)

From time of reservation until 95 days prior to trip departure….. $250
94 to 61 days prior to trip departure………………………. 25% of Land/Cruise Cost
60 to 46 days prior to trip departure……………………… 50% of Land/Cruise Cost
45 days or less prior to trip departure……………………. 100% of Land/Cruise Cost

(1) Gorilla trips require an additional non-refundable deposit for primate permits and park fees at the time of booking
(2) All Machu Picchu trips require a $500 non-refundable deposit at time of booking

Galapagos Cruises, Chile & Argentina Patagonia to the Sea Hiking & Cruise, Brazil Amazonas Wildlife River Cruise and Norway Natural Wonders Hiking

From time of reservation until 130 days prior to trip departure… $500
129 to 95 days prior to trip departure…………………….. 25% of Land/Cruise Cost
94 to 61 days prior to trip departure……………………… 50% of Land/Cruise Cost
60 days or less prior to trip departure…………………… 100% of Land/Cruise Cost

Glacier Bay Historic Ship Adventure Cruising

From time of reservation until 180 days prior to trip departure… $1,000
179 to 95 days prior to trip departure…………………….. 50% of Land/Cruise Cost
94 days or less prior to trip departure…………………… 100% of Land/Cruise Cost

Antarctica & Arctic Cruise Departures

From time of reservation until 130 days prior to trip departure… 100% of deposit
129 days or less prior to trip departure…………………………………… 100% of Land/Cruise Cost

Custom, Private and Special Departures (1)

From time of reservation until 95 days prior to trip departure…. 25% of Land/Cruise Cost
94 to 61 days prior to trip departure………………………………………. 50% of Land/Cruise Cost
60 days or less prior to trip departure……………………………………. 100% of Land/Cruise Cost

(1) Galapagos charters require a 25% non-refundable deposit at the time of booking. The final, non-refundable balance is due 130 days prior to trip departure.

No refunds will be given for unused hotel rooms, meals, activities, or trek arrangements for any reason whatsoever. Land Cost is quoted as a package and credits are not given for services not used. Extra hotel nights cancelled within 60 days of departure are subject to up to 100% of the hotel cost. Internal Air, once purchased, is non-refundable.

Cancellation and refund policy applies to the entire Land Cost of trip, including trip cost, internal airfare, park fees, permits, and taxes. We recommend you purchase the Optional Travel Protection Plan to protect your investment.

Travel Protection

For your protection, we offer an Optional Travel Protection Plan for purchase. This plan combines trip cancellation and interruption coverage, baggage loss protection, and medical coverage along with medical evacuation coverage. To review the Optional Travel Protection Plan details, go to www.tripmate.com/wpF485S. The plan becomes effective upon MT Sobek’s receipt of the premium amount-typically included with your final trip payment. Please note that deposits are not applied toward your travel protection premium. If you would like to purchase the Optional Travel Protection plan, please mark the appropriate box in the Travel Protection section of the Participant Information Form or contact your Adventure Coordinator.

Per TripMate’s policy, the Optional Travel Protection Plan is not available for guests with an international address (non-US address), and per TripMate’s policy, the Optional Travel Protection Plan is not available for guests traveling to Iran, Syria, North Korea, Crimea, Iraq, Palestinian Authority, Sudan and Cuba effective immediately.

(Note: Some trips, including but not limited to Polar trips, require proof of emergency evacuation insurance in the minimum amount of $100,000. The Optional Travel Protection Plan does not provide sufficient emergency evacuation coverage, but we can supply you with an option to purchase a small supplemental policy to increase this amount. Please contact your Adventure Coordinator for additional details.)

For all trips, we recommend you purchase the Optional Travel Protection Plan outlined above to ensure protection from trip cancellation fees for covered reasons and for medical and emergency evacuation coverage.

Transfers

With the exception of those trips noted otherwise within this section, you may transfer one time to another trip without a fee up to 95 days before departure. Requests to transfer from one trip to another within 94 days of departure are subject to the Cancellation Fees outlined above (appropriate to the date you notify us of your wish to transfer). No transfers are allowed on Cruises, Custom, Private, or Special Departures.

Cancelled Trips

MT Sobek reserves the right to cancel any trip due to inadequate enrollment or other cause that makes the trip unfeasible for us to operate, but will inform you at least 45 days prior to departure. In such a case, a full travel credit toward a future trip or refund of Land/Cruise Cost is given, except in those instances such as force majeure or epidemics where prepaid deposits or irrevocable commitments cannot be returned or reversed. In any event, MT Sobek will provide alternative travel dates for a postponed trip. If a refund is sought, only recoverable funds will be provided. MT Sobek is not responsible for additional expenses incurred by members preparing for the trip (e.g. non-refundable Advance Purchase air tickets, visa fees if applicable, clothing, equipment, or medical expenses). Do not purchase your air tickets before speaking with your Adventure Coordinator.

If a trip is cancelled or postponed due to force majeure (war, labor strikes, earthquakes, flooding, epidemic, a major world event adversely affecting international travel patterns, etc.), MT Sobek will provide a travel credit or refund the portion of the trip cost that is recoverable after using good faith efforts to recover payments already advanced to suppliers (hotels, transportation companies, etc.) We will refund the balance as promptly as possible.  However, MT Sobek does not guarantee recovery of any or all of the advance payments made, and our use of good faith efforts to recover these payments will not include the institution of any legal proceedings. MT Sobek is not responsible for expenses incurred by trip members in preparing for a cancelled or postponed trip (e.g., non-refundable purchase of air tickets, visa fees, inoculations, equipment, etc.) or for any additional arrangements should the trip member depart prior to the scheduled group departure date.

Baggage

MT Sobek assumes no liability for loss or damage to baggage in transit to and from a MT Sobek trip or while on a MT Sobek trip. We recommend purchasing the optional travel protection plan.

Price

Prices are per person based on double occupancy, quoted in US dollars, and are set well ahead of the trip departure date. Our prices vary depending on a variety of cost factors, with peak travel dates being the most expensive. Prices may change during the course of the year and seasonal prices may not be reflected on the Website. Prices cover land costs only; they do not include airfare to and from the trip. Trip prices include baggage transfers, porterage and all ground transportation during your trip. Please see the web page for each trip departure for the specific details for all items included in the trip price. All dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these Terms.

Delays & Cost Increases

The cost of delays is not included if any trip is delayed due to bad weather, trail conditions, river levels, road conditions, transportation delays, government intervention, quarantine, sickness, border closures or other contingency for which MT Sobek or its third party operators cannot make provisions. Land/Cruise Costs are subject to increase without prior notice, even after you have signed up on the trip. We often publish our prices more than a year in advance. Between that time and the time of the trip’s actual departure, we are occasionally faced with significant cost increases that we cannot absorb (i.e. foreign currency fluctuations, fuel surcharges, or increases in cost of services). We regret this situation, and we do everything we can to avoid raising prices, but sometimes it is unavoidable. We will do our best to limit such increases and will notify you before final payment. We will not, however, increase the price after your final payment.

Airlines

The airlines are not to be held responsible for any act, omission, or event during the time passengers are not on board their planes or conveyance. The passage contract in use by the airlines concerned, when issued, shall constitute the sole contract between the airlines and such purchasers of these tours and/or passenger. Such conveyance, etc. is subject to the laws of the countries involved. Please read the conditions on the back of your airline ticket.

Airlines used vary in degree of safety and risk. Some foreign air carriers have an unknown safety and maintenance record. MT Sobek is not liable for incidents involving airline safety, risk, delays, etc., or incidents that result in injury, delay, or death.

Medical & Health

It is vital that persons with medical problems make them known to us well before departure. The trip leader has the right to disqualify anyone at any time during the trip if he or she feels the trip member is physically or mentally incapable or if a trip member’s continued participation will jeopardize the individual involved or the group. Refunds are not given under such circumstances. Hospital facilities are often unavailable, and evacuation can be prolonged, difficult and expensive. MT Sobek assumes no liability regarding provision of medical care. You will need to provide us with your medical history and any dietary restrictions as requested in the required documentation.

If you participate on certain designated trips including those with the Activity Level of “Level 5”, the Physician Certificate must be signed by your physician. Once you have been confirmed on a trip, normal cancellation fees apply if your doctor does not approve the Physician Certificate. We can send you this form prior to you making your reservation so your doctor can pre-approve you. The State Department www.travel.state.gov and the US Centers for Disease Control and Prevention www.cdc.gov periodically issue statements, advisories, and warnings about risks to travelers. These statements are country specific and contain important information. We strongly urge all participants to review any State Department warnings, alerts, advisories, and destination specific information at www.travel.state.gov as well as specific health information for their destination at www.cdc.gov.

Photography

MT Sobek may take photographs and/or video of its trips and trip participants grant MT Sobek permission to do so and for it to use same for promotional or commercial use without payment of any compensation to participant.

Responsibilities of Trip Members

Trip members have certain responsibilities to MT Sobek and to other trip members. Trip members are responsible for understanding the conditions stated in the Trip Itinerary and selecting a trip in consultation with MT Sobek that is appropriate to their interests and abilities and for preparing for the trip by studying the Trip Itinerary and supplemental trip information sent by MT Sobek. Screening for fitness (for trips rated “Level 4” or “Level 5”) is made by our Regional Specialists at the time of booking. At the trip leader’s discretion, a member may be asked to leave the trip at their own expense and without right of refund if the leader feels that the person’s further participation may be detrimental to the individual or to other trip members for any reason including illness, physical inability to participate at trip level, disruptive behavior, etc. Please see MT Sobek’s Code of Conduct.

 

Release from Liability

This Agreement is important. It includes terms and conditions and releases Mountain Travel from liability. It must be agreed to by all participants.

Except for certain equipment in Alaska, Utah, Idaho, Portugal and Patagonia, as well as certain personnel employed on trips operated in the United States, Mountain Travel, Mountain Travel Sobek, MT Sobek, Alaska Discovery, Inc., its and their owners, directors, officers, employees and affiliates, (collectively Mountain Travel) does not own or operate any entity which is to or does provide goods or services for your trip including, for example, ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional or included excursions or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, Mountain Travel is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party. Without limitation, Mountain Travel is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as scuba diving, zip lining, snorkeling, paddle boarding, surfing, swimming, kayaking, sailing, canoeing, horseback riding, rafting, whitewater rafting, hiking, bicycling, canyoning/canyoneering, fishing, snowshoeing, cruising, camping, helicopter tours, 4×4 Jeep/ATV tours, snowmobiling activities, hot air ballooning, jetboating, mule riding, dogsledding, cross-country skiing, rock climbing, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, the adequacy of medical attention if and when provided; epidemics or the threat thereof including, but not limited to, exposure to COVID-19 by any means of transmission; epidemics or the threat thereof or for any other cause beyond the direct control of Mountain Travel. In addition, Participants release Mountain Travel from its own negligence and assume all risk thereof.

Mountain Travel reserves the right to change the itinerary or program features at any time and for any reason, with or without notice, and Mountain Travel shall not be liable for any loss of any kind as a result of any such changes.  Hikes, sightseeing events, lodging, itineraries, special programs, etc., are subject to change or cancellation.  Mountain Travel reserves the right to substitute such features if necessary due to weather, water conditions or levels, other events of force majeure, mechanical or other conditions beyond the control of Mountain Travel.  Mountain Travel is not responsible therefor and is not required to compensate passengers under these circumstances. Mountain Travel may cancel or postpone a program (or an option) for any reason whatsoever.  If so, for cancellations based upon acts of God or force majeure, acts or orders of government, epidemics or the threat thereof, terrorism or the threat thereof, strikes or labor disturbances, demonstrations, riots or civil unrest, criminal activity, supplier default or insolvency, or other similar circumstances, its sole obligation is to issue credits in the full amount of moneys paid to Mountain Travel to the extent its suppliers are crediting Mountain Travel with those monies paid by Mountain Travel to them.  Under no circumstances is Mountain Travel obligated to refund the cost of any purchased travel insurance.  Mountain Travel is not required to cancel any program for any reason including without limitation, United States Department of State, Centers for Disease Control, World Health Organization or other Warnings or Advisories of any kind. Mountain Travel is not responsible for fees assessed by air carriers resulting from operational and/or itinerary changes, even if Mountain Travel makes the flight arrangements or cancels the program.  Mountain Travel reserves the right to substitute vessels, hotels or attractions of a similar category for those listed in this brochure.

MISCELLANEOUS MATTERS: Participants understand that Mountain Travel reserves the right to take photographic or film records of any of its trips and      it may use any such photographic or film records for promotional and/or commercial purposes, as well as approve such use by third parties with whom Mountain Travel may engage in joint marketing, without any remuneration to me. Participants hereby assign all right, title, and interest they may have in or to any and all media in which my name or likeness might be used by Mountain Travel.

Participants agree to follow all written and verbal rules of safety presented to me by Mountain Travel and the independent contractors it employs. Participants understand that Mountain Travel reserves the right to refuse as a trip participant, or remove from a trip, without refund, any person it judges to be incapable of meeting the rigors and requirements of participating in the activities, or who is abusive or disrespectful to other trip participants, guides or third parties, or who it determines to detract from the enjoyment of the trip by others

Mountain Travel reserves the right to change hotels or other features of the trips itinerary if Mountain Travel believes it will enhance the safety, comfort or enjoyment of the trip.

ASSUMPTION OF RISK

Participants are aware that adventure travel such as they are undertaking involves hazardous activities, some in remote areas of the world, with a risk of illness, injury or death which may be caused by forces of nature, animals, insects or flora, the negligence of Mountain Travel, or other persons and companies known or unknown, or of willful or criminal conduct of third parties. Participants are aware that weather conditions may be severe, adverse and/or unpleasant. Participants are also aware that medical services or facilities may not be readily available or accessible or consistent with standards in the United States during some or all of the time during which Participants are participating on the trip and that when available may not be of the quality which exists in the United States. In order to partake of the enjoyment and excitement of this adventure travel trip Participants are willing to accept the risks and uncertainty involved as being an integral part of my adventure. Participants hereby accept and assume full responsibility for any and all risks of illness, injury or death and of the negligence of Mountain Travel and agree to hold harmless and release Mountain Travel from claims of third party negligence.

HORSEBACK RIDING – Participants understand that there are certain inherent and other risks with regard to horseback riding, some of which include but are not limited to the inability to control the horse, unpredictable actions of the horse such as skittishness, being “spooked”, biting, bucking, tripping or stumbling, rubbing against trees or rocks, riding at excessive speed, third party negligence or willful misconduct, falling over obstacles in the path or terrain, defective or poorly maintained or installed equipment, hazardous trail conditions and unfavorable weather conditions.

KAYAKING – Participants understand that there are certain inherent and other risks with regard to kayaking, some of which include but are not limited to the inability to control the kayak or avoid rocks or other submerged obstacles, unexpected rough water, the risk of being thrown from the kayak, hypothermia, the risk of being hit by your own or someone else’s kayak, third party negligence or willful misconduct, the risk of being driven into the sea by a large wave, and changing and adverse weather conditions.

RAPPELLING/CANYONEERING – Participants understand that there are certain inherent and other risks with regard to rappelling and canyoneering, some of which include, but are not limited to, uncontrolled descent and resulting falls or collisions with rock faces or the ground below, improperly utilized, maintained or defective equipment, failure of anchors or unsecured anchors, slippage of the rope, dangers of falling rocks, defective or inadequate safety equipment, dangers of falling from rocks or on or into crevices, adverse weather conditions, problems associated with heights or fear of heights, exhaustion, third party negligence or willful misconduct, negligent or inadequate rescue operations.

WHITEWATER RAFTING – Participants understand that there are certain inherent and other risks with regard to whitewater rafting, some of which include, but are not limited to, injuries occasioned by falling out of the raft, snags or collisions with rocks or submerged, natural or manmade objects, or fauna, risk of capsizing with associated risks occasioned by turbulent water, defective, inadequate or improperly maintained equipment used in the activity, forces of nature including lightning, weather changes, tides and currents, the risk of drowning, the risks of exposure to insect or animal bites and attacks, hypothermia and exposure to the elements, third party negligence or willful misconduct, my own physical condition, the physical condition of other participants and the physical exertion associated with the activity.

BICYCLING – Participants understand that there are certain inherent and other risks with regard to bicycling, some of which include defective or improperly maintained equipment, mechanical failure, the negligence of other cyclists or of motorists, (cars, trucks, buses, etc.) my cycling at excessive speed for the conditions and/or not paying adequate attention to the road, the existence of natural or man-made obstacles on the road or other defective conditions in the road, animals which may be in the road or which may attack me or the bicycle, third party negligence or willful misconduct, vehicular negligence and the use, installation or maintenance of any optional or add-on equipment such as pedals, odometers, mirrors or bar ends.

HELICOPTER TOURS – Participants understand that there are certain inherent and other risks with regard to helicopter transportation, some of which include but are not limited to adverse weather conditions, defective or inadequate maintenance or equipment, the inability of the helicopter to avoid obstacles on the ground or while ascending or descending, pilot error, third party negligence or willful misconduct, overloading, improper loading and/or fuel-relating problems.

4X4 – JEEP-ATV TOURS – Participants understand that there are certain inherent and other risks with regard to 4 X 4-Jeep-ATV tours, some of which include but are not limited to inadequate or negligent maintenance or equipment, issues concerning adequacy of the vehicle for the tours scheduled, third party negligence or willful misconduct, the driver not being able to navigate the road or route chosen, falling out of the vehicle, the risk of encounters with natural or man-made obstacles such as trees, buildings, rocks, etc., and driving at excessive speed for the conditions.

ZIPLINING – Participants understand that there are certain inherent and other risks with regard to ziplining, some of which include but are not limited to improper use of the braking systems by participants or third parties, improper installation of the harnesses, equipment failures, wind and other weather conditions, falls from the zipline or collisions with other participants, with the ground or with the landing platform, third party negligence or willful misconduct, problems associated with the equipment or height of the zipline, excess speed, etc.

ROCK CLIMBING – Participants understand that there are certain inherent and other risks with regard to rock climbing, some of which include but are not limited to dangers of falling rocks, defective or inadequate safety equipment, dangers of falling from rocks or on or into crevices or other natural or man-made obstacles, weather and changes therein, third party negligence or willful misconduct, defective equipment, problems associated with heights or fear of heights, exhaustion, etc.

SNOWMOBILING ACTIVITIES – Participants understand that there are certain inherent and other risks with regard to snowmobiling, some of which include, but are not limited to, operator error, inability to engage in the activity, mechanical deficiencies or breakdown in equipment, interactions with animals or collisions with other vehicles, third party negligence or willful misconduct, etc.

HOT AIR BALLOONING – Participants understand that there are certain inherent and other risks with regard to hot air ballooning, some of which include, but are not limited to crashes, uncontrollable wind currents which, among other things, could cause hard landings (dragging of the balloon which in turn could cause injury or death), the possibility of a fire as a result of a drag or crash, landing in an area different from that anticipated, defective or poorly maintained equipment, third party negligence or willful misconduct, inability to take the ride at all because of weather conditions, etc.

JETBOATING – Participants understand that there are certain inherent and other risks with regard to jetboating, some of which include but are not limited to being thrown from the jetboat, collisions with other jetboats or other man-made or natural obstacles in the water, defective maintenance of equipment or improper equipment, excessive speed, third party negligence or willful misconduct, inability to control the jetboat, to navigate it accurately, or to reduce speed as necessary, etc.

MULE RIDING  – Participants understand that there are certain inherent and other risks with regard to mule riding, some of which include but are not limited to the inability to control the mule, unpredictable actions of the mule such as stopping unexpectedly, not moving, turning around, skittishness, being “spooked”, biting, bucking, tripping or stumbling, rubbing against trees, rocks or other manmade or natural obstacles, falling over obstacles in the path or terrain, riding at excessive speed, third party negligence or willful misconduct, defective or poorly maintained or installed equipment, mule train guide or leader negligence, hazardous trail conditions and unfavorable weather conditions, etc.

CROSS-COUNTRY SKIING/SNOWSHOEING – Participants understand that there are certain inherent and other risks with regard to cross-country skiing and snowshoeing, some of which include but are not limited to getting lost or disoriented while engaging in the activity, skiing too fast or otherwise on terrain beyond your ability, falling as a result of the terrain, ice, natural or manmade objects, and/or collisions with or as a result of same, defective equipment, third party negligence or willful misconduct, adverse weather conditions, etc.

DOGSLEDDING – Participants understand that there are certain inherent and other risks with regard to dogsledding, some of which include but are not limited to falling off the dog sled either as a result of inability to hold on, rapid and unpredictable movements by the dogsled team, collisions with natural or manmade obstacles on the course, bumps/deviations from course, sharp turns, etc. as a result of same, hypothermia, defective or poorly maintained equipment, third party negligence or willful misconduct, adverse weather conditions, etc.

SNORKELING – Participants understand that there are certain inherent and other risks with regard to snorkeling, some of which include but are not limited to dangers of the sea or in other snorkeling areas, weather, cold and/or moving water, defective or inadequate equipment, encounters with animal or marine life or flora, third party negligence or willful misconduct, negligent or inadequate rescue operations and/or inadequate or distant medical facilities.

VOLUNTARY PARTICIPATION

Participants acknowledge that they have voluntarily applied to participate on the trip designated on this application (or a trip which a participant may change to) and that they have read the description of the trip as it appears in the current Mountain Travel catalog and supplements or brochures relating to the trip, together with all information contained in this application. Participants are voluntarily participating in this trip with knowledge of the hazards involved.

BINDING ARBITRATION

Participants agree that any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C.1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) California law without consideration of the California Arbitration Act and will take place in San Francisco, CA. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Please understand that by agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury.  Any arbitration commenced against Mountain Travel must be on behalf of only the signatory to this Agreement and his or her immediate family members who traveled with signatory, such as a spouse or child.  Under no circumstances can participant be part of a class or other joint action.

 

Seller of Travel

MT Sobek is a participant in the California Seller of Travel program that requires passenger deposits be maintained in a trust account.  MT Sobek maintains such an account.  The purchase of travel services from MT Sobek is covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment.  A passenger may request a claim form by writing to: Travel Consumer Restitution Corporation; 468 Manzanita Ave., Suite 1, Chico, CA 95926; or by visiting TCRC’s website at: www.tcrcinfo.org. Passengers from outside of California that purchase travel services from MT Sobek are not covered by the Restitution Fund.