Participation Agreement

Crownhill Vacation Tours

Participation Agreement

In the text that follows, the terms “Crownhill Vacation Tours”, “we” and “us” and “our” refer to Crownhill Vacation Tours, a specialized travel company offering guided, tours in Costa Rica. The terms “you”, “your” and “traveler” refer to the person booking travel with us and each of the persons in their group booking.

I understand that this contract contains terms and conditions, waiver of liability, and assumption of risk.

Before making a booking with us you must ensure that you have read and understood these terms and conditions (raising any questions you may have with us). By asking us to confirm your booking you are accepting all the conditions laid out below and acknowledging that you have read the terms of this contract and agree to it.

If you are making a booking for a group of travelers, you are responsible for sharing this contract with all members of the group and you are financially responsible for the booking. We will not be liable for your failure to share these Terms and Conditions with all travelers in your group. You represent and warrant that (a) you are of sufficient age to use our services and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you and the members of your group (if any) is true and correct.

TERMS AND CONDITIONS

All travelers in your booking must check off and sign this contract at the time of booking. If any of the travelers in your booking have not signed, we reserve the right to consider your booking cancelled.

The tour must be paid for in full at the time of booking.

Tour prices may fluctuate.

Tour prices advertised on our website and promotional materials are per person and based on double occupancy, unless indicated otherwise. All prices we advertise are accurate as of the date of publication, but we reserve the right to change any of those prices from time to time. Prices include local taxes that are estimated at the date of publication. We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware and of the applicable price at the time of booking.

Tour participation is not transferable.

You may not assign your booking to another traveler.
You can request to reschedule your Tour booking once for a later departure date during the same calendar year (subject to availability), provided that you send us a booking change request at least 90 days before your current tour departure date.
Booking change requests must be submitted in writing. The booking change request date is the date we acknowledge receipt of your request.

Booking change requests are subject to availability of the new dates requested and your acceptance of the current listed price if different from your original booking. If there is no availability or you choose not to accept this new price, your booking change request will be denied.
Booking change requests outside the scenarios discussed in this section will be denied.
If your booking change request is denied and you are unable or unwilling to travel on your already booked tour dates, you will have to request to cancel your booking.
Booking cancellation requests are not considered booking change requests and are subject to the cancellation fees shown in the Cancellation Policy section.

Tour start; Tour ending.

I understand that my Crownhill Vacation tour begins with my arrival at the first accommodation or transfer arranged by Crownhill Vacation Tours on my itinerary and ends with my departure from the final accommodation arranged by Crownhill Vacation Tours.

Cancellations are subject to cancellation fees.

CANCELLATION POLICY

Crownhill Vacation Tours’s cancellation policy is in effect upon your first payment toward any tour. Cancellation requests must be submitted in writing by email or certified mail and are effective on the date your email was acknowledged as received by us. Cancellations are subject to cancellation fees based on the date your cancellation is effective. Cancellation fees for Tours are shown in the section below and expressed as a percentage of the total price of the tour you purchased.

I have read and understand the refund policy listed below.

90 + days from trip start date 100% refund.
89 to 45 days from trip start date 50% refund.
45 days from trip start date NO REFUND

I understand that it is my responsibility to secure the necessary travel documents.

I understand that it is my responsibility to secure the necessary travel documents (e.g., passport and visa[s]) for all locations on my tour (including locations visited in transit – even if I don’t leave the aircraft or airport). I understand that it is my responsibility to ensure that the name on the travel documents matches the legal name on my photo I.D. and tickets. Failure to fulfill either of these responsibilities does not constitute grounds for a refund.

Loss of or damage to luggage or loss of travel documents.

Crownhill Vacation Tours is not responsible for loss of passports or other documents, or for loss of or damage to luggage or any other passenger belongings.

Changes to tour itinerary.

We commit to making our best effort so that itineraries are followed as planned. However, it is possible that weather conditions, road conditions, holidays, facility opening hours, construction, or circumstances outside our control interfere with the regular schedule.

The itinerary provided represents what we have planned for your tour, but it is subject to confirmation and changes in local schedules, causing itineraries to be modified. We reserve the right to modify the itinerary at our sole discretion and you will not be entitled to compensation for these changes. We are not responsible for costs or fees you incur due to itinerary changes caused by elements outside our control.

No shows.

If you don’t show up for your first hotel night, and have not contacted your Tour Director, you will be considered to have cancelled your trip and you will forfeit all your payments. Your bookings will be cancelled and cannot be reinstated. We are not able to waive cancellation fees for any reason.

We reserve the right to cancel any tour because of inadequate enrollment.

We reserve the right to cancel any tour because of inadequate enrollment that makes the trip economically infeasible to operate. In case of inadequate enrollment, we will notify you of your tour’s cancellation at least 90 days prior to your tour departure. Crownhill Vacation Tours has sole discretion to cancel the tour if the minimum tour participant requirement of 6 or more people is not met, unless remaining participants choose to attend regardless of a tour price increase.

Travel protection is NOT included in our tour price. We strongly encourage you to purchase travel insurance with additional “cancel for any reason” coverage.

It is the traveler’s responsibility to protect their travel purchases. Your plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including “cancel for any reason” coverage must be purchased in close conjunction with your travel purchase.

Our tours are not ADA compliant.

Our tours involve international travel to foreign countries that have different accessibility standards than those required by United States law. Transportation services and lodging are operated by Suppliers and may not be compliant with accessibility standards such as the Americans with Disabilities Act (ADA). Facilities to accommodate travelers with special needs are lacking in the rural environments where our tours take place. For these reasons, we regret that we cannot provide individual assistance to travelers with mobility challenges or that are not completely independent on their own. Crownhill Vacation Tours will communicate requests to suppliers but cannot be responsible if ADA accommodations are not available.

I understand and agree that if I become ill or incapacitated, Crownhill Vacation Tours and its employees may take any action they deem necessary for my safety and well-being.

I understand and agree that if I become ill or incapacitated, Crownhill Vacation Tours and its employees may take any action they deem necessary for my safety and well-being, including securing medical treatment and transporting me home at my own expense. Crownhill Vacation Tours retains the right and has my authorization, in its sole discretion, to contact my emergency contact(s) with regard to health issues or any matter whatsoever that relates to my tour. In the event of a medical emergency, Crownhill Vacation Tours will attempt to arrange for appropriate treatment to be administered, and I authorize Crownhill Vacation Tours to do so. Crownhill Vacation Tours, however, makes no warranty that it will be able to ca secure effective (or any) emergency treatment to be administered and Crownhill Vacation Tours will not be responsible for monitoring any health care that it may necessitate. I agree that Crownhill Vacation Tours is not liable for the adequacy or availability of any equipment or supplies that may be provided in conjunction with this tour, or for the adequacy or availability of any first aid or medical care, or the negligent provision of first aid or medical care by it or by its guides or agents, participants, or by any physician, emergency care facility or any other person.

Crownhill Vacation Tours shall have no responsibility for me whatsoever:

During self-guided tours
During a scheduled guided tour
During scheduled free time
Whenever I choose to be absent from scheduled tour activities

If I voluntarily decide not to participate in certain parts of the tour, no refunds will be made for those unused parts.

Crownhill Vacation Tours may exclude me from participating in all or any part of the tour for aggressive behavior or misconduct.

I understand and agree that Crownhill Vacation Tours may exclude me from participating in all or any part of the tour if, in Crownhill Vacation Tours’s sole discretion, my behavior renders me unfit for the tour or unfit for continuation once the tour has begun. Unfitness may include, without limitation, any behavior that regardless of its cause may constitute a hazard or embarrassment.

Crownhill Vacation Tours may dismiss me from the tour at any time for failure to follow rules or directions.

I agree to abide by Crownhill Vacation Tours’s regulations and follow the directions of my Tour Director and Crownhill Vacation Tours’s personnel during a guided tour. I understand and agree that Crownhill Vacation Tours may dismiss me from the tour at any time and at my sole expense for the failure to follow such rules or directions. I understand that in the event I am dismissed from the tour for any reason, I waive the right to a refund of any part of my tour price, and that Crownhill Vacation Tours may then send me home at my own expense. Crownhill Vacation Tours is not responsible for arranging my transport home.

I agree to abide by all local laws when abroad.

I agree to abide by all local laws when abroad. I understand that if I abuse or disobey such laws, even unintentionally, I waive my right to a refund of any part of the tour price and Crownhill Vacation Tours may send me home at my own expense. I also understand that should local authorities be involved; I will be subject to the laws of the country I am visiting.

Incidental personal expenses.

I understand that I will be required to pay for phone calls, room service, or incidental personal expenses that I incur during the tour, as well as any damage I cause to hotel property, means of transportation or other property.

LIABILITY RELEASE

Crownhill Vacation Tours is an independent contractor and is not an employee, agent, or representative of any of our suppliers. Therefore, Crownhill Vacation Tours 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.

Crownhill Vacation Tours, and its employees, shareholders, agents, and representatives use third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to our Tours. Crownhill Vacation Tours is an independent contractor and is not an employee, agent, or representative of any of these suppliers. Crownhill Vacation Tours does not own, manage, operate, supervise, or control any transportation, vehicle, hotel or restaurants, or any other entity that supplies services related to your tour. Carriers, hotels and other suppliers providing travel or other services as part of the tours are independent contractors and not agents or employees of Crownhill Vacation Tours. Therefore, Crownhill Vacation Tours expressly disclaims any and all liability for any personal injury, death, property damage, loss of baggage, accident, delay or irregularity, any claim for special or consequential damages, or any other loss that may be occasioned by the acts and/or omissions, whether negligent, wrongful or intentional of any such supplier including but not exclusively air carriers, hotels/motels or other lodging operators, railroad operators, bus operators, public transportation companies, sea carriers, local sightseeing companies, tour operators, tour directors (“Guides”) and any employees thereof that are not under the direct supervision and control of Crownhill Vacation Tours when engaged in conveying the traveler or in carrying out the arrangements of the tour, or otherwise in connection therewith. Group administrators and tour directors also expressly disclaim any liability for the acts and/or omissions of any of the above entities or individuals not directly under their supervision or control. We also expressly disclaim liability for a supplier’s failure to perform, intent to cancel or for supplier bankruptcy or insolvency. Be advised that the liability of carriers, hotels and accommodation providers is also limited by law, and you may want to consider purchasing Travel protection to protect yourself against any losses or injuries suffered as a result of their acts or omissions.

Crownhill Vacation Tours assumes no liability for any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition.

Crownhill Vacation Tours assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, any other acts of a similar nature, acts of government, civil unrest, strikes or other labor activities, overbooking or downgrading of accommodations, structural or other defective conditions of lodgings (or in any heating, plumbing, electrical or structural problem therein), mechanical or other failure of any 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, insects or pests, food poisoning, disease, difficulty in evaluation in case of a medical or other emergency, or for any other cause beyond the direct control of Crownhill Vacation Tours.

In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by Crownhill Vacation Tours.
Crownhill Vacation Tours likewise disclaims any liability for statements, actions, inactions of any intermediary agents such as group administrators, tour directors, travel agents or any other intermediary involved with the selling, promotion and operation of the Tours.

Website – Crownhill Vacation Tours LLC, will not be liable for any issues arising from the use of the website or any of the services or products procured through the website.

Crownhill Vacation Tours disclaims all liability for errors related to the information about air, hotel, car, tours and all other travel products and services on the website, brochures and any other promotional information and documentation including, without limitation, the pricing and descriptions of the products. We reserve the right to correct any errors on our website, brochures, promotional documentation and existing bookings at any time, without notice and at our sole discretion. Should we find a pricing error on an existing booking of yours, you will be given the opportunity to cancel it without penalty before we update it to reflect the correct price.

In no case shall Crownhill Vacation Tours, our members, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the website or any of the service or products procured through the website, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website or our promotional documentation, even if advised of their possibility.

ASSUMPTION OF RISK

I understand that different parts of the world present unique health, disease, and safety concerns.

I understand that travel in other nations is not similar to travel in the United States. Tours outside of the United States can involve inconvenience and risk, including, but not limited to, forces of nature, geographic and climatic conditions, different hygienic standards, infrastructure problems (including road maintenance, transportation delays and accommodation conditions), vandalism, theft, uneven terrain, motor vehicle collisions, I understand that different parts of the world present unique health, disease, and safety concerns, and I agree to review any specific risks related to my destination by visiting the Centers for Disease Control and Prevention’s Traveler’s Health website at www.cdc.gov/travel and the State Department’s International Travel website at www.state.gov/travel.

You understand that the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or even death. In order to book travel with us and participate in our Tours, you are willing to accept the risks and uncertainty involved as an integral part of travel, including the risk of infection, illness and death. Understanding the risks described in this document, you agree, and your family, heirs, and legal representatives hereby accept, to assume full responsibility for any and all risks and agree to and shall hold harmless and fully release Crownhill Vacation Tours from any and all claims associated with the trip, including, but not limited to any claims arising in any way from any injury, death, loss or harm (whether foreseen or unforeseen) third-party negligence and/or the negligence of Crownhill Vacation Tours, that occur to you or to any other person or to property during a Tour or are in any way related to a Tour.

I agree to hold harmless and fully release Crownhill Vacation Tours from any and all claims associated with the trip.

Understanding the risks described in this document, you agree, and your family, heirs, and legal representatives hereby accept, to assume full responsibility for any and all risks and agree to and shall hold harmless and fully release Crownhill Vacation Tours from any and all claims associated with the trip, including, but not limited to any claims arising in any way from any injury, death, loss or harm (whether foreseen or unforeseen) third-party negligence and/or the negligence of Crownhill Vacation Tours, that occur to you or to any other person or to property during a Tour or are in any way related to a Tour. You hereby covenant not to sue Crownhill Vacation Tours for any such claims or join any lawsuit or action against Crownhill Vacation Tours. This agreement also binds your heirs, family, legal representatives, and assigns.

You agree that this release shall be legally binding upon you personally, all members of your family and all minors traveling with you, your and their heirs, successors, assigns, and legal representatives, as it is your intention to fully assume all the risks associated with this Tour and to release Crownhill Vacation Tours, their agents, employees, managers, members, suppliers, operators from any and all liabilities to the maximum extent permitted by law. The terms of this ASSUMPTION OF RISK / WAIVER section shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.

I understand that Crownhill Vacation Tours’s tours requires physical activity and understand the physical requirements.

I understand that Crownhill Vacation Tours’s tours are active tours and require participants to walk and ride horses for extended periods of time. I acknowledge that I am voluntarily participating in these activities with knowledge of the dangers, delays and other problems that may arise in connection with the tour. I hereby assume all risk of bodily injury, death, emotional trauma, property damage, inconvenience and/or loss resulting from negligence or any other acts of any and all persons or entities, however caused, including, but not limited to, those risks mentioned above. It is my intention to fully assume all of the risks of travel and participation in the tour and to release Crownhill Vacation Tours from any and all liabilities to the maximum extent permitted by law. I agree that this Release applies to and binds myself and any minor child who I am enrolling as a parent/legal guardian, along with all personal representatives, executors, heirs, and family.

I represent that I understand the physical requirements, pacing, content, accommodations, and other aspects of the tour upon which I have enrolled, and that I have discussed with Crownhill Vacation Tours any limitations that may make it difficult or impossible for me to participate in this tour as designed.

ENTIRE AGREEMENT

These Terms and Conditions, together with the Tour Participation Agreement the entire agreement and understanding between you and Crownhill Vacation Tours LLC, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of these Terms and Conditions. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

This agreement may be amended or modified only in writing, signed by both parties. The waiver by Crownhill Vacation Tours of any provision of this agreement shall in no way affect the remaining provisions of this agreement, and this agreement shall be interpreted as if such clause or provision were not contained herein.

I understand that my enrollment on tour with Crownhill Vacation Tours is not complete until I have agreed to the Terms and Conditions, Liability Release and Assumption of Risk. By agreeing to this Tour Participation Agreement on behalf of other travelers for whom I am completing the enrollment process, I represent that I am authorized to act on behalf of such individual(s) and I acknowledge and affirm that Crownhill Vacation Tours’ reliance on my authority is reasonable. I agree to indemnify and defend Crownhill Vacation Tours for any claims arising out of any violation of this representation.

I understand and agree that this agreement shall be governed in all respects, and performance hereunder shall be judged, by the laws of the State of California. In the event of any claim, dispute or proceeding arising out of my relationship with Crownhill Vacation Tours, or any claim which in contract, tort, or otherwise at law or in equity arises between me and the Released Parties, whether or not related to this agreement, all parties submit and consent to the exclusive jurisdiction and venue of the courts of the state of California.

Indemnification.

You agree to indemnify, defend and hold harmless Crownhill Vacation Tours LLC and our subsidiaries, affiliates, partners, officers, members, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any expenses, losses, liabilities, damages, judgments, settlements and costs involved with or incurred by Crownhill Vacation Tours (including without limitation reasonable attorney’s fees and the advancement of same) with respect to any claims, lawsuits, arbitrations or other causes of action which result, directly or indirectly from (i) your breach or violation, or threatened breach or violation, of this agreement and (ii) any damages caused by you while participating in a tour.

Severability.

In the event that any provision of this Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and right to enforce any of the remaining provisions.

I agree that if any portion is found to be void or unenforceable, the remaining portions shall remain in full force and effect, deletions or changes can be made to the release form upon express consent of Crownhill Vacation Tours, and signing it is a requirement for joining the tour.

I understand that this contract contains terms and conditions, waiver of liability, and assumption of risk.

TERMS AND CONDITIONS

All travelers in your booking must check off and sign this contract at the time of booking. If any of the travelers in your booking have not signed, we reserve the right to consider your booking cancelled.

The tour must be paid for in full at the time of booking.

Tour prices may fluctuate.

Tour participation is not transferable.

You may not assign your booking to another traveler.

You can request to reschedule your Tour booking once for a later departure date during the same calendar year (subject to availability), provided that you send us a booking change request at least 90 days before your current tour departure date.

Booking change requests must be submitted in writing. The booking change request date is the date we acknowledge receipt of your request.

Booking change requests are subject to availability of the new dates requested and your acceptance of the current listed price if different from your original booking. If there is no availability or you choose not to accept this new price, your booking change request will be denied.

Booking change requests outside the scenarios discussed in this section will be denied.

If your booking change request is denied and you are unable or unwilling to travel on your already booked tour dates, you will have to request to cancel your booking.

Booking cancellation requests are not considered booking change requests and are subject to the cancellation fees shown in the Cancellation Policy section.

Tour start; Tour ending.

I understand that my Crownhill Vacation tour begins with my arrival at the first accommodation or transfer arranged by Crownhill Vacation Tours on my itinerary and ends with my departure from the final accommodation arranged by Crownhill Vacation Tours.

Cancellations are subject to cancellation fees.

CANCELLATION POLICY

I have read and understand the refund policy listed below.

90 + days from trip start date 100% refund.

89 to 45 days from trip start date 50% refund.

45 days from trip start date NO REFUND

I understand that it is my responsibility to secure the necessary travel documents.

Loss of or damage to luggage or loss of travel documents.

Crownhill Vacation Tours is not responsible for loss of passports or other documents, or for loss of or damage to luggage or any other passenger belongings.

Changes to tour itinerary.

We commit to making our best effort so that itineraries are followed as planned. However, it is possible that weather conditions, road conditions, holidays, facility opening hours, construction, or circumstances outside our control interfere with the regular schedule.

No shows.

We reserve the right to cancel any tour because of inadequate enrollment.

Travel protection is NOT included in our tour price. We strongly encourage you to purchase travel insurance with additional “cancel for any reason” coverage.

Our tours are not ADA compliant.

I understand and agree that if I become ill or incapacitated, Crownhill Vacation Tours and its employees may take any action they deem necessary for my safety and well-being.

Crownhill Vacation Tours shall have no responsibility for me whatsoever:

During self-guided tours

During a scheduled guided tour

During scheduled free time

Whenever I choose to be absent from scheduled tour activities

If I voluntarily decide not to participate in certain parts of the tour, no refunds will be made for those unused parts.

Crownhill Vacation Tours may exclude me from participating in all or any part of the tour for aggressive behavior or misconduct.

Crownhill Vacation Tours may dismiss me from the tour at any time for failure to follow rules or directions.

I agree to abide by all local laws when abroad.

Incidental personal expenses.

I understand that I will be required to pay for phone calls, room service, or incidental personal expenses that I incur during the tour, as well as any damage I cause to hotel property, means of transportation or other property.

LIABILITY RELEASE

Crownhill Vacation Tours is an independent contractor and is not an employee, agent, or representative of any of our suppliers. Therefore, Crownhill Vacation Tours 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.

Crownhill Vacation Tours assumes no liability for any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition.

Website – Crownhill Vacation Tours LLC, will not be liable for any issues arising from the use of the website or any of the services or products procured through the website.

ASSUMPTION OF RISK

I understand that different parts of the world present unique health, disease, and safety concerns.

I agree to hold harmless and fully release Crownhill Vacation Tours from any and all claims associated with the trip.

I understand that Crownhill Vacation Tours’s tours requires physical activity and understand the physical requirements.

ENTIRE AGREEMENT

Indemnification.

Severability.

I agree that if any portion is found to be void or unenforceable, the remaining portions shall remain in full force and effect, deletions or changes can be made to the release form upon express consent of Crownhill Vacation Tours, and signing it is a requirement for joining the tour.