Last updated: [June 29, 2017]
The Custom Experiences Terms of Service (“Terms”) is a legal agreement between you and Shadow Concepts LLC, d/b/a Custom Experiences (“Custom Experiences,” “we,” “us,” or “our”) that governs your interaction on Custom Experiences.com (the “Site”) and your purchases and use of products and services made available through the Site. The term “you” refers to the customer visiting the Site and/or booking a reservation through us on the Site or through our service providers. By accessing or using the Site, making any reservation on the Site, or contacting any of our service providers to make a reservation, you agree that the Terms then in force shall apply. If you do not agree to the Terms, please do not use or book any reservations through the Site or our service providers. We have the right to change the Terms at any time without notice, effective upon its posting to our Custom Experiences website. Your continued use of Custom Experiences shall be considered your acceptance to the revised Terms.
As a condition to using the Site, you warrant and agree that:
We retain the right, in our sole discretion, to deny you access to the Site, at any time and for any reason, including, but not limited to, for violating these Terms.
The content and information on the Site (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us. While you may make limited use of travel itinerary and related documents for travel or service reservations booked through the Site, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Site. You also agree not to:
The Site may contain hyperlinks to websites operated by parties other than Custom Experiences. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Service providers may require you to agree to additional terms and conditions in connection with the products and services you purchase from them. Please read all additional terms and conditions carefully. You agree to abide by all additional terms and restrictions, including without limitation, availability, age and occupancy requirements, pet policies, policies on children, fares and other restrictions. You agree that any violation of any such terms and/or restrictions may result in cancellation of your reservation, forfeiture of costs and expenses in connection with your reservation, and being charged by Custom Experiences for any costs we incur as a result of such violation.
It’s possible that your booking may be available when you place an order, but becomes unavailable prior to the date of the activity. If this occurs, your sole remedy is to contact Custom Experiences or the service provider to make alternative arrangements.
Custom Experiences reserves the right to cancel the trip in full. If such cancellation happens all attendees will be fully refunded for any dollar amount charged by Custom Experiences.
Trip attendees can cancel their trip at anytime for a full refund until 90 days before the trip departure date. Cancellations made within 90 days of trip departure will be offered a full refund less the equivalent of the trips deposit amount ($195). No refunds are provided for cancellations made within 30 days of trip departure.
The purchases made through Custom Experiences do not include incidental expenses, except as specifically described in your itinerary, and you are liable for all such incidental expenses that you incur during, or in anticipation of, your purchased product and/or service. These things may include but are not limited to: airfare to the destination, lunches, incidental expenses, alcohol, and any entrance or departure fees into the destination country.
You agree and acknowledge that in order to participate in any Custom Experience trip travel insurance is required. The insurance that you obtain must adequately cover you for medical expenses, accidents, property loss, and curtailment or cancellation of your trip. Such insurance is not included with your purchase on the Site. Proof of insurance will be required prior to departure and lack thereof will result in cancellation of participation in Custom Experiences.
It is mandatory that all attendees obtain travel insurance with a minimum coverage of $200,000 USD while traveling with Custom Experiences. Such insurance must cover personal injury, medical expenses, loss of or damage to luggage, repatriation expenses, and evacuation expenses.
Custom Experiences either owns, or has licensed, all U.S. legal right, title and interest in and to Custom Experiences, including but not limited to, any trademark, copyright, patent, trade secret, trade dress, service marks and other worldwide intellectual property rights as they relate to Custom Experiences (the “Intellectual Property”). These Terms do not grant you any rights with respect to the Intellectual Property.
The information, software, products and services published on the Site may include inaccuracies or errors, including pricing errors. In particular, we do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel and other travel products and services displayed on the Site (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, we expressly reserve the right to correct any pricing errors on the Site and/or pending reservations made under an incorrect price.
In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Site or with the delay or inability to access, display or use the Site (including, but not limited to, any computer viruses, information, software, linked sites, products and services obtaining through this Site; or otherwise arising out of the access to, display of or use of the Site) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if we have been advised of the possibility of such damages.
If, despite the limitation above, we are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then our liability will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to us in connection with such transaction(s) on the Site, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
You acknowledge and agree that participation in activities, such as adventure travel, involves inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage. You agree that you have considered the nature and extent of the risks involved and voluntarily choose to assume all such risks, both known and unknown, even those risks that result from the negligence of others and assume full responsibility for your participation in such activities.
You agree to indemnify, defend, and hold harmless Custom Experiences, its affiliates, officers, directors, employees, agents, services providers and licensors from and against all losses, liabilities, costs (including, without limitation, attorneys’ fees and costs on appeal or at trial), damages, judgments, claims, of every kind and nature, to the fullest extent permitted by law, arising from or relating in any way to (i) your use of the Site, (ii) products or services you have purchased through the Site, (iii) your breach of these Terms or the documents referenced herein, or (iv) your violation of any law or the rights of any third party.
All trip schedules and activities are subject to change before and during the trip.
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.