NO LIMITS ADVENTURES, LLC
Terms & Conditions of Service
When you book an adventure or course with No Limits Adventures (the “No Limits”), you are entering into a binding agreement that assumes that you understand and agree to all terms and conditions contained in this document. It is imperative that you read carefully and fully understand all aspects of these Terms and Conditions before booking. These terms and conditions govern the relationship between you and No Limits, to the total exclusion of any other terms and conditions.
Booking and Paying for your Adventure or CourseIf you are interested in participating in one of No Limits’ adventures or courses, you may contact us by phone at (603) 287-1411 to request a Reservation / Application Form (the “Form”). You may also download the Form from our website at http://NoLimitsAdventures.com (follow the links to the RESERVATIONS page associated with your trip or course of interest). Lastly, you may write to us at No Limits Adventures 1001 NH Route 12A Cornish, NH 03745 to request a Form. Please complete the Form and return it to us at your earliest convenience. Your returning the Form to No Limits will not create a binding obligation on our part. We will evaluate the Form in light of the adventure or course you wish to attend. Once we have accepted you in writing for a particular adventure or course and received your deposit, you have entered into a binding agreement with us.
Prices. Our fees for a particular adventure or course are as quoted in US-Dollars by No Limits and are subject to change without notification. Unless otherwise described, our fees include some airfares (including all fees, surcharges and taxes) as noted in the itineraries, transfers at the destination, accommodations, certain meals and provisions, tours and cruises and any other inclusions as specified in our advertisement materials. We reserve the right to correct pricing errors at any time. Our fees do not include costs associated with international airfares, obtaining passports or entry visas; airport departure taxes, unless otherwise noted; excess baggage charges; gratuities; meals other than specified in the itinerary; beverages unless otherwise noted; activities not included in the itinerary; personal expenses such as laundry, communication charges and optional programs; and any costs and expenses caused by Force Majeure.
Deposits. No Limits requires a deposit in addition to the approved Reservation / Application Form to confirm you reservation. The amount of the deposit is listed within the details of each trip or course on our company website and within our printed brochures. If we do not receive your deposit, No Limits has no further obligation to you.
Payment. Unless otherwise agreed to in writing, the balance of the fee is due no later than ninety (90) days prior to the scheduled departure date or course start date. If we have not received your payment by that date, No Limits may treat your reservation as cancelled. To cover our expenses through that date, No Limits has the right to retain your deposit. No Limits will not send you tickets, coupons, vouchers or any other documents until we have received full payment from you. Please note that a card fee will be applied automatically to all payments by credit card: 1% for MasterCard and Visa, 3% for Diners and American Express Cards. Payments made by check, money order or wire transfer are not subject to any fees.
Cancellations. If you are not able to go on an adventure or attend your course, you can notify us in writing of your intent to cancel. Cancellations are only effective upon our written acknowledgement. Cancellations made by email will not be accepted. If you do not show up at departure or course start date, or as otherwise agreed upon in writing, No Limits is entitled to treat your reservation as canceled without having given us any notice. In any of the above events, cancellation charges will be applied. Cancellation charges depend on the date of your cancellation. Cancellation 91 days or more prior to the departure date will result in a $500 fee per person. Cancellation 90 to 61 days prior to the departure date will result in a $750 fee per person or forfeiture of full deposit, whichever is higher. Cancellation 60 to 31 days prior to program starting date will result in a fee equal to 50% of total program cost. Cancellation 30 days or less prior to program starting date or not showing up at the departure date will result in forfeiture of the full fee. Cancellation fees are intended to cover No Limits’ expenses to date and are not intended as liquidated damages.
Refunds. No Limits may at any time prior to departure or course start date, cancel an adventure or course. At your option a full refund will be made or we can book you an alternative adventure or course. No Limits will not be responsible for costs you may have incurred in preparation for the adventure or course, including, but not limited to, non-refundable airfares, visa and passport fees, medical expenses, equipment purchases, etc. If we cancel any optional adventure extension which you have purchased, you will receive a refund of the amount you paid for the extension. No Limits does not give any refunds for (1) lost travel time or substitution of facilities, (2) itineraries amended after departure, (3) circumstances arising beyond No Limits’ control (force majeure), necessitating alternative arrangements being made to ensure the safety and/or further participation and enjoyment of your adventure, (4) your failure to appear for any accommodation, service, sightseeing or trip segment, or (5) if you leave the adventure or course after it has begun, or miss any scheduled activities, meals or accommodations.
Preparing for your Adventure or Course
Risks. We want you to know that there are certain inherent risks involved in participating in the type of adventures and courses organized by No Limits. You acknowledge that we have informed you about the particular risks involved. You have also signed a Waiver and Release Agreement to release and hold No Limits harmless from any injuries and damages you may incur.
Age. Unless otherwise noted, the minimum age for attending an adventure is eighteen. In submitting the Form to No Limits you warrant that you are eighteen years old at the time of departure. Minimum ages for course certifications vary and potential participants should discuss the with No Limits prior to registration.
Your Medical Condition. It is your sole responsibility to take all appropriate medical advice prior to departure or start date and to determine whether or not you are fit enough to go on the adventure or participate in the course. We may require that your doctor attest to your medical condition prior to departure or start date. No Limits reserves the right to decline or cancel your reservation or disqualify you at any time during the adventure or course if we are concerned about your ability to continue safely or if, in our opinion your participation may adversely affect your or other participant’s health, safety, or enjoyment of the adventure or course. If WE remove or DISQUALIFY you from an adventure OR COURSE in progress because of a medical condition, you will not be entitled to any refund and we shall have no further liability TO YOU. At our destinations hospital facilities are often unavailable and evacuation can be prolonged, difficult and expensive. No limits assumes no liability regarding medical care and associated costs. We do recommend the purchase of trip insurance that includes medical expenses and emergency evacuation costs.
Your Physical Condition. Some of our adventures and courses are strenuous and we require that our participants be in excellent physical condition to participate. It is your responsibility to advise us in writing, at or prior to booking, of any physical, emotional or mental condition which may (a) effect your ability to fully participate; (b) require professional attention during the trip or course; or (c) require the use of special equipment. If any such condition arises after the trip or course is booked, you must advise No Limits in writing immediately. No Limits reserves the right to decline or cancel your reservation or disqualify you at anytime during the adventure or course if we are concerned about your ability to continue safely or if, in our opinion your participation may adversely affect your or any other participant’s health, safety, or enjoyment of the adventure or course. If WE remove or DISQUALIFY you from an adventure OR COURSe in progress because of YOUR PHYSICAL condition, you will not be entitled to any refund and we shall have no further liability TO YOU.
Travel Documents. It is your responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, international drivers licenses, or other documentation required for the trip are obtained and are in good order. It is your responsibility to meet any additional costs incurred by yourself (or by us on your behalf) as a result of any failure by you to comply with such requirements. A valid passport is required for U.S. citizens traveling on our international adventures. You will be notified if your destination requires a visa for U.S. citizens. All passports must contain sufficient blank pages for visa and immigration stamps and must be valid for six months after the completion of your trip. Non-U.S. citizens should contact the appropriate consular office for entry requirements pertaining to their trip. No Limits is not responsible for providing non-U.S. citizens with this information or documentation.
Insurance. We strongly recommend that you obtain the following types of insurance:
- International Medical Insurance
- Emergency Medical Evacuation
- Trip Cancellation / Interruption / Delay
Special Requests. You must advise us in writing of any special requests; e.g., diet, facility or physical handicap, when you submit the Form to No Limits. We will attempt to make reasonable accommodations.
Travel Advisories. It is your responsibility to become informed about the most current travel advisories and warnings by referring to the U.S. State Department's travel website at www.travel.state.gov or by phone at 1.888.407.4747. In the event of an active State Department Travel Warning against travel to the specific destination location(s) of the trip, you assume all risk of personal injury, death or property damage that may arise out of the events or conditions advised or warned against.
During the Adventure
Guides. We have hired knowledgeable guides to accompany you on the adventure. You must comply with the instructions of the guides at all times.
Outfitters. We act as booking agent for hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent outfitters and contractors providing accommodations, transportation, equipment and/or other services. Each of these companies is an independent entity with its own management and is not subject to our direct control. Transportation, accommodations and other services provided by third parties are offered subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers. Because No Limits does not have the right to control the operations of independent Contracts and their suppliers, We CANNOT BE LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE which may arise in connection with these services.
Publicity and Attribution Rights. No Limits reserves the right to take photographs or videos during an adventure or course and to use the resulting photographs or videos for commercial purposes. You grant us the right to use your image for commercial purposes. We may also quote you in our marketing materials.
Force Majeure. “Force Majeure” means, in relation to No Limits, any circumstances beyond our reasonable control (including, but not limited to, acts of God, explosion, flood, tempest, fire or accident, war or threat of war, terrorism, criminal acts, sabotage, insurrection, civil disturbance or social unrest, or requisition, sickness, quarantine, government intervention, weather conditions or other untoward occurrences). No limits shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
Limitation on Liability. NOTWITHSTANDING anything herein to the contrary, No limits shall not be liable to you for any damages exceeding the fees you paid for the adventure OR COURSE.General. The payment of the deposit OR any other partial payment for an adventure or course constitutes consent to all provisions of the conditions and general information contained in No Limits’ brochures, invoices and travel documents. The terms under which you agree to participate in an adventure or course cannot be changed or amended except in writing signed by us. All information given in our brochures, fliers or any other material, is, to the best of our knowledge, correct at the time of going to press but we reserve the right to change same. The photographs reproduced and information provided in this brochure depict typical scenes experienced and details on each destination; but the subject matter may not necessarily be seen or experienced while visiting that destination. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The headings used in this agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein. This agreement shall be governed by the laws of the State of New Hampshire without regard to conflicts of laws principles. Any claims against No Limits must be brought in the courts of the State of New Hampshire, Sullivan County, to the exclusion of any other county, state and country. Any action for damages, whether arising from contract, tort, or otherwise must be brought within a year from the date of departure, or else shall be irrevocably waived.