Terms and Conditions

Please read these booking conditions carefully. By booking a tour or any travel adventure through https://orangeskyco.com you agree to these Booking Terms and Conditions (the “Booking Terms”). Please note that all booked tours and travels offered through https://orangeskyco.com, once completed and confirmed, will be governed by these Booking Terms.

1. Definitions.

1. “Customer” or “You” means any individual who books an Orange Sky Adventure through https://orangeskyco.com.
2. “Orange Sky” / “Company” or “Us” or “Orange Sky Adventures” means Orange Sky Co.
3. “Orange Sky Adventure” means any tour or travel adventure offered and/or provided through https://orangeskyco.com.
4. “Tour Guide” shall be the tour guide designated and assigned by Orange Sky for each Orange Sky Adventure.

2. The Booking Contract.

2.1. Customer must be at least 18 years old in order to book an Orange Sky Adventure. Once the booking is complete and confirmed, a contract is formed between Orange Sky and the Customer. Your reservation will be confirmed on receipt of a non-refundable deposit.

2.2. The balance of your Orange Sky Adventure price must be paid by no later than 7 days before the scheduled departure date for booked Orange Sky Adventure trip. Orange Sky reserves the right to cancel the booking and apply cancellation charges in the event payments are not received within the above specified periods.

2.3. If Customer is booking an Orange Sky Adventure on behalf of a third party, Customer shall be the designated contact person for that third party and therefore Customer shall be responsible for making all payments due in connection with the booked Orange Sky Adventure. Also by booking on behalf of a third party, Customer represents and warrants that he/she has obtained all required consents and that all any information that Customer provides on behalf of the third party is complete and accurate.

3. Financial Protection.

3.1. In the unlikely event we cannot provide a tour due to any reason, Customer will be entitled to receive his/her money back.

4. Medical Information and Insurance.

4.1. Customer shall provide any medical information reasonably requested by Orange Sky. If a Customer has any pre-existing medical conditions or disabilities which may impact Customer’s ability to participate in an Orange Sky Adventure, such conditions and disabilities must be disclosed upon completion of the booking. Orange Sky reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for Customer’s safety or the safe operation of an Orange Sky Adventure. Pregnancy is considered a medical condition and must be disclosed to Orange Sky at the time of booking. Orange Sky may refuse to accept bookings for women who are over 24 weeks pregnant.

4.2. A Customer with medical conditions and disabilities must be physically fit for the Orange Sky Adventure and be able to move and navigate destinations under his or her own power. If disabled Customer is unable to do this, he/she must travel with a companion that can help him or her navigate. Orange Sky does not provide wheelchairs, crutches, reading glasses, or any other devices related to any disabilities. It is not Orange Sky’s responsibility to help with the disabled Customer’s navigation to and from travel establishments. Orange Sky will not be held responsible for third party suppliers, and we cannot guarantee disability access at every establishment or travel destination on each trip.

4.3. Orange Sky reserves the right to deny Customer permission to travel or participate in any aspect of an Orange Sky Adventure at any time and to Customer’s own risk and expense where Orange Sky determines that Customer physical or mental condition renders him/her unfit to participate in an Orange Sky Adventure or if Customer represents a danger to himself/herself or others.

4.4. It is Customer’s own assessment whether an Orange Sky Adventure is suitable for him/her. Customers shall consult their own physician to confirm their fitness for travel and participation in any planned activities. Customer should seek his/her physician’s advice on vaccinations and medical precautions. Customer shall assess the risks and requirements of each aspect of an Orange Sky Adventure based on his/her own unique circumstances, limitations, fitness level and medical requirements.

4.5. Participation in an Orange Sky Adventure may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in Customer’s home country. Orange Sky makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions. Orange Sky and the Tour Guide are not medical doctors but shall have the authority to authorize medical treatment in the event of Customer’s unconsciousness, injury, or unstableness. All medical bills will be paid in entirety by Customer. Orange Sky will not be held liable for any payments relating to medical treatment or transportation to/from the medical facilities.

4.6. It is Customer’s obligation to obtain and maintain throughout the Orange Sky Adventure a travel insurance, covering all applicable dates of participation on an Orange Sky Adventure. The insurance must cover personal injury and emergency medical expenses. Customer must carry proof of insurance with him/her at all times during an Orange Sky Adventure. Further Customer is strongly recommended to extend his/her coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling.

5. Age requirements.

5.1. Minimum Age. For the majority of our Orange Sky Adventures, the minimum required age is 21 (with the exception of all Yosemite Tours, where the minimum age is 18).

5.2. Maximum Age. For the majority of our Orange Sky Adventures there is no upper age limit, although our trips are designed for persons of an average age of [35], we also remind you that our trips can be physically demanding, especially our Yosemite Guided Hiking Tours and Customers must ensure that they are suitably fit to allow full participation.

6. Price changes.

6.1. Prices of the advertised Orange Sky Adventures are based on costs, taxes and levies as of the day of the initial booking. Should these costs change, it may be necessary to make a surcharge on the price of your Orange Sky Adventure. Should the total trip price increase by more than 10% you will have the right to cancel within 7 days of notification without penalty. No surcharge in respect of cost or currency fluctuations will be made once payment of the deposit for your land trip has been received. This guarantee excludes fuel surcharges & does not apply to any taxes, charges or levies imposed by any government or their agencies. In exchange for these guarantees, no refund will be made if costs are reduced. Orange Sky also reserves the right to apply surcharges for unusual business activity in the industry, such as fuel price fluctuation

7. Changes to your Orange Sky Adventure by Orange Sky.

7.1. Orange Sky reserves the right to change or cancel your booking and/or change your itinerary in accordance with operating requirements or circumstances beyond our control, such as safety issues, weather, road closures, government unrest/action, Acts of God, accidents, etc.

7.2. Should change or cancellation prove necessary we will give you reasonable notice thereof, in the circumstances, and where available, offer you a comparable alternative. Where cancellation is necessary, a minimum period of 45 days notice will be given by us unless the circumstances leading to the cancellation were beyond our reasonable control.

7.3. If an alternative is not available or acceptable you will be entitled to either a full refund of monies paid by you to us or transfer to another Orange Sky Adventure without payment of any transfer fee.

7.4. If the change or cancellation is due to force majeure (i.e. circumstances like political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes, terrorist activity, natural and nuclear disasters, fire, epidemic or health risk, Acts of God, adverse weather conditions or other similar events beyond Orange Sky’s control) we will give a full refund of any monies paid to us less reasonable expenses incurred by us in respect of your booking. Orange Sky is not responsible for any other travel arrangements affected due to cancellation or rescheduling of your Orange Sky Adventure.

8. Cancellations and changes to your Orange Sky Adventure by You.

8.1. Your deposit is non-refundable and in the event you decide to cancel your Orange Sky Adventure, we will not refund it. However, you will be entitled to use the value of your original deposit towards booking another Orange Sky Adventure with us.

8.2. Upon cancellation you will be liable to pay a cancellation fee to cover the cost and expenses incurred by us in the terms of the schedule set out hereunder. This is expressed as a percentage of the holiday price and the period of notice as follows:

Period of notice and cancellation fee:

• 30 days prior notice: 40% fee (except for Dirty South Trip, Coachella Tour, Yosemite Wilderness Hikes and private trips — 120 days)
• 10 days prior notice: 50% fee
• 3 days prior notice: 60% fee
• 1 day (24 hours) prior notice: 70% fee
• 12 hours prior notice: 80% fee
• Less than 12 hours notice: Full loss of tour funds

8.3. If after your booking has been confirmed, you wish to change to an alternate departure date you may do so subject to availability.

8.4. We will charge a fee of $50 per person in the event a Customer makes a revision or alteration to a reservation after the booking is confirmed. A change of booking within 45 days of departure will be treated as a cancellation and our posted cancellation fees will apply except when the change is to an earlier departure date of equivalent or greater value, in which case a $50 per person amendment fee will be charged in addition to any amendment fees imposed due to increased transport cost.

8.5. A Customer may not transfer an Orange Sky Adventure booking to another person. Also Orange Sky will not be liable if a Customer leaves prior to the completion of an Orange Sky Adventure.

9. Orange Sky Adventure details and conditions.

9.1. Customers should get themselves acquainted with the times included in the Orange Sky Adventure provided by Orange Sky. Customers shall not be entitled to an allowance or refund for meals, accommodation, excursions, etc. that they elect not to take, or when museums, shops, etc. are closed. Hotel facilities may vary from place to place. Meals may vary in style and Orange Sky cannot guarantee any special dietary requests.

9.2. Customers must be aged between 21 and 42 to travel on an Orange Sky Adventure. Orange Sky Adventures are specifically planned for those in the 21 through 42 group and therefore the facilities and activities on an Orange Sky Adventure are not appropriate to persons outside target age group.

9.3. Customers shall be aware that some trips include rough terrain, extensive walking and hiking in such terrain, uneven pavement, steps and locations and overnight accommodations which may not be easily accessible to everyone. During the trip, Orange Sky may make arrangements with carriers, hotels and other independent suppliers to provide travel services. These parties are independent third parties over which Orange Sky has no control.

9.4. Customers shall be required to carry their own luggage during the trip, this some times may include far distances and rough terrains, stairs, etc.

9.5 Orange Sky reserves the right in its sole discretion, to decline the booking of a Customer or remove any Customer who cannot comply or refuses to comply with Orange Sky’s terms & conditions. Orange Sky is not responsible for any costs incurred in the event a Customer is removed from a trip. Customers agree not to hold Orange Sky or any of its related agents or employees liable for any actions taken under these terms and conditions.

9.6. Customers shall be responsible for all travel arrangements and costs to/from the point of commencement/conclusion of the holiday.

9.7. Our Orange Sky Adventures are run by the Tour Guide. Customers agree that the decision of the Tour Guide is final on all matters likely to affect the safety or well-being of all travelers and/or staff members participating in an Orange Sky Adventure. If a Customer fails to comply with a decision made by the Tour Guide, or interfere with the well-being or mobility of the group, the Tour Guide may direct the Customer to leave the trip immediately, with no right of refund. Customer must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries and locations visited, and Customer also agrees to travel in accordance with our responsible travel guidelines. Orange Sky does not tolerate the possession or carriage of illegal or restricted substances (drugs) on an Orange Sky Adventure. Furthermore, Customer agrees that the fellow travelers and any Orange Sky representatives have the right to travel/work in a safe environment. Any threats to their safety, well-being or inappropriate behavior by a Customer, whether verbal or physical, will be taken extremely seriously and may result in the immediate termination of a Customer’s holiday.

9.8. Customer is responsible for any costs incurred as a result of damage or excess cleaning fees related to Customers’ accommodations. Customer should immediately report any pre-existing damage to his/her accommodation to the Tour Guide as soon as it is discovered.

9.9. It is Customer’s responsibility to have a valid passport and all visas, permits and certificates required for the selected vacation before departure as well as any necessary vaccinations, medications and to comply with all applicable laws. Orange Sky is not responsible for any costs incurred as a result of failing to obtain necessary visas, permits or certificates. Any costs whatsoever regarding obtaining, replacing or changing visas, permits or certificates while on a trip (including accommodations, meals, flights and transfers incurred due to associated delays) are at Customer’s own expense.

9.10. Customer agrees that the Tour Guide or another Orange Sky representative may take photographs and films of Customer during an Orange Sky Adventure and that these may be used in Orange Sky’s brochures and/or advertising or publicity material without obtaining any further consent or payment in respect of such photographs and/or films.

9.11. If a Customer has a complaint in respect to an Orange Sky Adventure, Customer should inform the Tour Guide or another Orange Sky representative during the course of the Orange Sky Adventure and if the matter cannot be resolved after the representative’s best endeavors to do so during the Orange Sky Adventure, Customer’s complaint should be made in writing to Orange Sky as soon as is reasonably possible after the completion of the Orange Sky Adventure but within 42 days thereof so that the complaint can be investigated. Email complaints should be sent to hello@orangeskyco.com. Any claims made after the 42-day period will not be considered by Orange Sky.

10. Acceptance of Risk.

10.1. As provided herein Customer acknowledges that adventure travel and the Orange Sky Adventure offered by Orange Sky may involve a significant amount of risk to Customer’s health and safety. By participating in an Orange Sky Adventure Customer acknowledges that he/she has considered any potential risks to health and safety. Customer hereby assumes responsibility for all such risks and releases Orange Sky from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel, and participating in adventurous activities offered by Orange Sky. Orange Sky requires that Customer confirms his/her assumption of this responsibility by completing the ‘Acknowledgement of Risk, Waiver and Indemnification‘ form (the “Waiver”) prior to departing on an Orange Sky Adventure. The Waiver is available here.

11. Limitation of liability.

Orange Sky and its respective employees, agents, representatives, and assigns shall not be responsible for and accept no liability in respect to any claims, losses, damages, costs or expenses arising out of:

• a) Personal injury, sickness, disease, accident or death, however caused, including without limitation, where same results from Client’s personal conduct;
• b) Loss or damage to or delay of baggage or other property unless resulting from Orange Sky’s negligence in which case Orange Sky’s liability shall be limited to the actual loss but in no event would exceed the total Orange Sky Adventure cost for the Customer;
• c) Delays and loss as a result of government action, weather, mechanical breakdown, equipment failure, labor disputes, sickness, acts of war, insurrection, terrorism, Acts of God or any other causes beyond Orange Sky’s direct control. Orange Sky cannot be responsible for interruption of air carrier service due to airline default;
• d) Acts or omissions, whether negligent or otherwise, of suppliers of services or their personnel (including, without limitation, transportation and accommodation services) or of any other person or body unless such a person or body is employed by us, or is an agent of ours, and is acting within the scope of his or her authority. In no event is Orange Sky liable for the acts or omissions of independent third party contractors or of its own employees or agents acting outside the scope of their duties;
• e) Loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from any of the following:

• • (i) any matter or topic described in sub-paragraphs (a) through (d);
  • (ii) Customer’s failure to obtain the necessary documentation to travel;
  • (iii) Customer’s failure to arrive on time for initial departure or for connections within the trip or to stay within or join your trip at any time after initial departure;
  • (iv) Customer’s leaving the trip prior to its completion;
  • (v) The need for Orange Sky’s to change itineraries or substitute accommodations or services, provided that Orange Sky makes every effort to supply the most comparable services and accommodations available;
  • (vi) Cancellation of the holiday by Orange Sky provided that a full refund of all monies paid is made to you.

12. Privacy.

Any personal information that we collect about you shall be collected, stored and used according to our posted Privacy Policy.

13. Indemnification.

Customer hereby releases, waives, discharges, hold harmless and agrees to indemnify Orange Sky, and its owners, officers, directors, affiliates, agents, contractors, subcontractors and employees from any and all claims, actions, losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of Customer’s breach of these Booking Terms.

14. Severability.

The invalidity of any one or more of the words, phrases, sentences, clauses, sections or subsections contained in this Agreement shall not affect the enforceability of the remaining portions of this Agreement or any part hereof, all of which are inserted conditionally on their being valid in law, and, in the event that any one or more of the words, phrases, sentences, clauses, sections or subsections contained in this Agreement shall be declared invalid by a court of competent jurisdiction, this Agreement shall be construed as if such invalid word or words, phrase or phrases, sentence or sentences, clause or clauses, section or sections, or subsection or subsections had not been inserted.

15. Arbitration.

Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in the City of San Francisco, California, in accordance with the rules of the American Arbitration Association, any decision made in arbitration is binding and the judgment may be entered in any court having jurisdiction thereof.

16. Entire Agreement.

These Booking Terms, and any attachments, schedules and/or exhibits hereto, constitute the entire understanding between the parties pertaining to its subject matter, and supersedes all prior and contemporaneous agreements, representations and understandings, either oral or written, of the parties. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, oral or otherwise have been made by any party, or by anyone acting on behalf of any party which are not embodied herein. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties hereto.

17. Governing law.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflict or choice of law.

These Booking Terms were last updated on April 5, 2019 and supersede any other previous booking terms published by us.

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