These paragraphs define our responsibility with respect to all our trips. Please read them carefully. Payment of your deposit represents your acceptance of the following terms and conditions:
By participating in a ProActive Travel, ProActive Sports Tour, ProActive Soccer Tour or ProActive Ski tour, I agree to the following terms and conditions set forth herein.
ProActive Travel Inc. and its brands ProActive Travel, ProActive Sports Tours, or ProActive Ski, its employees, investors, subsidiaries, affiliates, officers, directors, successors, agents, and assigns (collectively ProActive Travel Inc.) does not own or operate any entity which provides, or is to provide, goods or services for your trip including, for example, lodging facilities, transportation companies, food service providers, equipment suppliers, babysitters or daycare providers, etc. Although we endeavor to choose the best suppliers available, ProActive Travel Inc, has no right to control their operations and therefore makes these travel arrangements upon the express condition that ProActive Travel Inc, and its own agents and employees, shall not be liable for any delay, mishap, inconvenience, expense, irregularity, bodily injury or death to person, or damage to property occasioned through the conduct or default of any company or individual engaged in providing these services. Each of these passenger conveyance companies, tour companies, hotels, restaurants, etc., is subject to the laws of the state or country where the service is provided. As a result, ProActive Travel Inc is not liable for any negligent or willful act or failure to act of any such third person, or of any other third party.
In addition, I acknowledge that I have voluntarily applied to participate in the trip designated on this application (or a trip to which I may subsequently transfer). I am voluntarily participating in this trip with the knowledge of the numerous risks and dangers involved including but not limited to: negligence in any manner on the part of ProActive Travel Inc including, without limitation, negligence in the conduct or arrangement of the trip in any respect from inception to completion, negligence with regard to equipment (i.e. bicycle, skis, snowshoes, etc.) selection or maintenance, in the maintenance or operation of any van or other motor vehicle utilized to transport passengers, etc.; physical exertion for which I am not prepared; forces of nature; transportation failures whether by plane, train, auto, boat, canoe, kayak, bicycle, ski, snowboard, snowshoe, or by horse or other animal, by foot, or by any other conveyance; consumption of alcoholic beverages; risks associated with food or impure water; civil unrest; war; terrorism; criminal activity; strikes and other labor disputes; theft; changes in government regulations; delayed departures and arrivals; dangers associated with wild or other animals; breakdown or failure of bicycles or other equipment; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; and stolen, lost, or misplaced luggage or property. I acknowledge that the enjoyment and excitement of active/adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH.
ProActive Travel reserves the right to make any changes in itineraries, hotels, restaurants, carriers, programs, or any other services without notice that it deems necessary. ProActive Travel also reserves the right to accept or reject, or terminate or expel, anyone as a tour participant for any reason whatsoever. The right is reserved to substitute both trip leaders and hotels from those listed on the website and or other publications, as well as reverse the order of places to be visited and make reasonable changes in the itinerary where deemed advisable for the comfort and well-being of the passengers. I understand that ProActive Travel reserves the right to take photographic or film records of any of its trips, and hereby agree that ProActive Travel 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 ProActive Travel may engage in joint marketing, without any remuneration to me. I also agree and hereby assign all right, title, and interest I may have in or to any and all media in which my name or likeness might be used by ProActive Travel.