TERMS AND CONDITIONS
LAND ROVER EXPERIENCE ADVENTURE TRAVEL MOAB - 2019
These terms and conditions (“Terms”) apply to all participants in the Land Rover Experience Adventure Travel Moab Program (“Adventures Program”) in 2019 taking place in Moab, Utah. By accepting these terms electronically via the online booking system or otherwise confirming your acceptance of them in writing, you agree to be bound by them. Please ensure you read them carefully and raise any questions you may have before you make your booking.
IMPORTANT TERMS & CONDITIONS TO NOTE: The Jaguar Land Rover Adventures Program is administered on behalf of Jaguar Land Rover by Além International Management, Inc. (“Além”) located at 624 South Arthur Avenue, Louisville, Colorado, 80027 USA. Além International is licensed and authorized by Jaguar Land Rover to organize and provide the contracted services on its behalf for participants in the Jaguar Land Rover Adventures Program under the Jaguar Land Rover brand and using Jaguar Land Rover trademarks. Além utilizes the services of Stripe, Inc. (“Stripe”) regarding payment services via the Internet. You expressly agree to Além and Stripe handling the payment transaction, your card details and any other information necessary for such payment transaction for the reservation for the Adventures Program to be executed by Stripe (including, without limitation, fraud prevention).
Stripe is certified by banks and card acquirers to securely manage payment transactions. All communication between the Jaguar Land Rover website and your bank is handled by Stripe and encrypted via SSL (Secure Sockets Layer). When you make a booking for the Adventures Program, you enter into a contract with Além. Além is contractually responsible for planning and operation of the Adventures Program in accordance with these Terms; however, it is understood and agreed that Além has no responsibility and no liability in any manner hereunder for anything relating to (1) the vehicles and driving instructors, which are provided by Jaguar Land Rover, and (2) any personal injury, death, property damage, or any other liability or consequences as a direct or indirect result of the actions or inactions of the participants in the Adventures Program. All participants are strongly encouraged to have proper insurance to cover all aspects of their participation in the Adventures Program.
In these terms, the following words and expressions have the following meanings:
Adventures Program – the driving course, including use of the vehicles and expert instruction, accommodation, meals, drinks and refreshments, transfers and all other services, which form part of the contracted arrangements as more specifically referred to in these terms
Jaguar Land Rover – Jaguar Land Rover Limited
optional activities – Due to limited time at Red Cliff’s Lodge optional activities are subject to availability on transfer days. If you are interested in some of the optional activities, please contact the JLR Concierge at 303.515.4839 or by email at JLRConcierge@aleminternational.com.
participant and you – each individual who participates in the Adventures Program and participants means all such individuals or any of them as the context requires or permits
Participation requirements – the requirements set out in clause 4 of these terms
Terms – these terms and conditions
we, us and our – Além International Management Inc. and/or Jaguar Land Rover (as appropriate)
your Program – your individual booking and participation in the Adventures Program including, where booked, any optional activities
Além – Além International Management Inc.
1. Nature and requirements of the Global Adventures Program
Participation in the Adventures Program involves driving in exceptional conditions where there are inherent risks of death and personal injury to you and damage to your property. These terms set out the requirements with which you must comply in order to participate and the other terms and conditions applicable to your contract with Além. By making your booking, you are taken to have acknowledged and accepted the inherent risks involved in the Adventures Program and, where booked, the optional activities.
2. Booking your Adventures Program
You may book through the Jaguar Land Rover websites. Alternatively, if you have any pre- booking questions and/or would like to book by telephone, please contact Além in Louisville, Colorado at +1 303.515.4839, Monday through Friday, 9 AM to 4 PM Mountain Time.
Full payment for your Adventures Program is due at the time of booking. Any optional activities booked must also be paid for in full at the time the booking is made. Payment is required in United States Dollars and can be made by credit or debit card (VISA, MC, and AMEX) through Stripe. Any fees or charges involved in making payment will be your responsibility. All forms of payment will be paid in and collected in US currency denominations.
3. Your contract
Your contract with Além for your Adventures Program and any optional activities booked comes into existence when we issue your booking confirmation. Where optional activities are booked separately to your Program, a separate booking confirmation for these will be issued by the individual outfitter... Please check your booking confirmation carefully immediately on receipt and let us know straight away if any information appears to be incorrect or incomplete.
4. Participation requirements
1. A. License / driving experience / age requirements
In order to participate in the Adventures Program, you must meet the following requirements on arrival:
1. You hold a valid and current United States or equivalent driving license and are not disqualified from or under any limitations or restrictions regarding driving (corrective lenses excepted). If your license was issued outside of the United States, you will be required to complete a driving license declaration form at your welcome briefing. All parts of your original driving license must be brought with you to the Program and be available on arrival. Photocopies are not acceptable. International driving licenses or permits will only be valid when accompanied by a valid national driving license;
2. You are at least 21years of age are able to understand and comprehend spoken English;
3. You have at least three (3) years uninterrupted driving experience on a valid driver’s license without a conviction for any driving offense or serious accident (which includes any accident involving any form of personal injury) in the last two (2) years;
4. You are not aware of any circumstances, which will or may result in your being disqualified or restricted from driving.
1. B. Physical health
In order to participate in the Adventures Program, you must meet the following requirements on arrival and, where applicable, throughout your Program;
1. Your eyesight (with corrective lenses worn) meets the standard applicable for driving in the United States;
2. You are not suffering from any medical condition, disability or any other medical or psychological impairment or restriction, which will or may affect your ability to drive safely during the Adventures Program (taking account of the exceptional driving conditions, which will be experienced) where we have not confirmed in writing at the time of booking or otherwise in advance of your arrival at the Adventures Program that the condition, disability or other impairment or restriction will not prevent your participation.
If you suffer from any such condition, disability or other impairment or restriction, you must provide us with full and accurate details at the time of booking or as soon as you become aware of the same if later, together with any other relevant information (such as any assistance or adjustments, which may be required) including any which we may reasonably request. We may require you to provide a certificate from your doctor to confirm that any medical condition, disability or other impairment or restriction from which you are suffering will not affect your ability to participate in the Adventures Program and drive safely which, if applicable, must be produced in advance and on arrival at the Adventures Program;
3. You are not taking any medication (whether or not prescribed) which will or may affect or impair your ability to drive safely during the Adventures Program (taking account of the exceptional driving conditions which will be experienced). This includes any medication where you are advised or recommended not to drive while taking. If you are in any doubt, please contact us with details of the medication concerned so we can confirm the position; and
4. You are not suffering from any medical condition, disability or other impairment or restriction which precludes you from taking part in the Adventures Program, you are not suffering from or undergoing any other condition pursuant to which the Adventures Program may not be physically, emotionally or mentally suitable for you, and you are not under a doctor’s care where participation would be against such medical advice. Such medical conditions are likely to include back, joint and/or heart problems. Participants are not authorized to participate in the Adventures Program if they are pregnant.
1. C. Requirements during the Adventures Program
At all times during the Adventures Program, you must meet and continue to meet the following requirements;
1. You must follow and comply with all instructions you are given and rules notified to you and behave in a safe, appropriate and prudent manner and with the requisite amount of consideration for the other participants and all staff;
2. You must not drive or attempt to drive under the influence of any alcohol or drugs or other substance which may affect your ability to drive safely (including medication with which you are recommended not to drive while taking);
3. You must at all times exercise the necessary and high degree of care and attention while driving or otherwise participating;
4. While driving or being driven, you must at all times wear the safety restraint belt and any other safety equipment provided;
5. You must not smoke or use any mobile phone, electronic, tablet or any other or similar device while in operating any vehicle as part of the Adventures Program;
6. You will be responsible for the safekeeping of any property (such as cameras, glasses, wallets, etc.) you bring into the vehicle (and all personal property that you bring with you to the Adventures Program); and
7. You must comply with all applicable motoring laws and regulations and be responsible for any speeding and parking fines incurred whilst driving a vehicle on any road.
1. D. Breach of participation requirements
If, in our reasonable opinion and solely at our discretion, you breach or have breached or we become aware that you have failed or may have failed to satisfy any of the participation requirements at any stage, including on arrival at the Adventures Program or during the Program, in any manner, we reserve the right to immediately cancel your booking and terminate your Participation or further participation in Adventures Program. For the avoidance of doubt and without limitation, this entitlement of ours to cancel your booking and immediately terminate your Participation may arise at any time in the reasonable opinion of an instructor or any other member of staff of ours or part of the Adventures Program, you are unable or unwilling to follow and comply with instructions and/or safety rules or if you behave in an unacceptable or unreasonable manner.
We also have the right in our sole discretion to terminate, curtail or suspend your driving of any vehicle in the event that you are involved in an accident or, in the reasonable opinion of your instructor, you are or may be unable to maintain control of your vehicle during the Adventures Program.
In the event of cancellation of your booking for breach of or failure to comply with the Participation requirements herein before your arrival at the Adventures Program, cancellation charges as shown in clause 11 will apply and no refunds, compensation or expenses will be paid.
In the event of termination of your participation or further participation on or after your arrival at the Adventures Program for breach of or failure to comply with the Participation requirements herein, no refund will be made of the booking cost of your Adventures Program and no compensation, damages or expenses will be paid. You may be required to leave the Adventures Program prior to the scheduled end of your Adventures Program in which case, you will be responsible for all costs and expenses involved in doing so (including without limitation, the cost of any transfer to the airport and any charges involved in rearranging or rebooking any flight(s). No refunds will be made in respect of any unused services and no compensation or damages will be paid by the Adventures Program, Jaguar Land Rover or Além or any of their respective subsidiaries or affiliates.
5. Clothing
The temperatures at the Adventures Program may potentially range from 60 degrees Fahrenheit (15 degrees Celsius) during the day and 30 degrees Fahrenheit (-1 degrees Celsius) in the evenings. Please ensure you bring the proper warm and weatherproof clothing. Please also bring suitable footwear (closed toe shoes only – no sandals) for the driving part of the Adventures Program which will ensure optimum contact and feeling for the brake and accelerator pedals under the soles of your feet. Jaguar Land Rover and/or Além will not be providing participants with any clothing or footwear whatsoever and it is therefore your sole responsibility to bring all the necessary or potentially appropriate items with you. For a list of recommended clothing, please refer to the FAQ section on the Adventures Program website.
6. Language of instruction
All instruction and communication by instructors and other staff on-site will take place in English.
7. Insurance
We strongly recommend you obtain comprehensive travel insurance. The policy you purchase must include coverage for the driving and other activities you will participate in while at the Adventures Program. Such a policy may be available through broker referrals or other authorized insurance agent. Please read your policy details carefully and take them with you to the Adventures Program. It is your responsibility to ensure that the insurance you purchase is suitable and adequate for your particular needs including any pre-existing medical conditions. We also consider adequate personal medical, disability, property, liability, and life insurance to be essential for all participants; you are required to have procured (or at least considered acquisition of) all such insurance coverages in the amounts and subject to such terms and conditions as you alone determine and accept.
8. Travel arrangements not included in your Adventures Program
It is your responsibility to ensure you arrive at Grand Junction Colorado, USA Airport on the applicable date in order to participate in your Adventures Program and to make all your flight and other travel arrangements required in order to do so. Além may be able to assist you with these arrangements. However, any flight or other travel booking which Além may assist you with or make at your direction on your behalf does not form part of your Adventures Program booking. No refunds in respect of unused services can be made in the event of your delayed arrival or failure for any reason to arrive at the Adventures Program for your Adventures Program due to flight or other transport delays or cancellation or other logistical difficulties. Please ensure that your personal travel insurance provides cover for this eventuality.
9. Passport and visa requirements
It is your responsibility to ensure you have a valid passport and any required visa or other travel documents to enable you to gain entry to the United States. You must also comply with all applicable immigration and customs requirements.
10. Changes by you to your Adventures Program booking
In the event that you need to make any changes to your booking, please contact us as soon as possible. We will assist where we can. A request to change the date of your Adventures Program will be treated as a cancellation of your original booking resulting in the payment of cancellation charges in addition to the cost of the new booking.
If you are unable to attend the Adventures Program you purchased, you may transfer your booking to someone else provided that person satisfies the participation requirements set forth herein and we are advised of the change not less than ten (10) business days prior to your scheduled arrival at the Adventures Program. An administration fee of US$50.00 per person will be payable in the event of a transfer.
11. Cancellation by you of your Adventures Program booking
Should you need to cancel your Adventures Program booking after confirmation and before arrival, you must immediately advise Além in writing by e-mail to jlrconcierge@aleminternational.com. Your notice of cancellation will only be effective when it is received by us in writing. The following charges will be payable per participant cancelling calculated from the date your written notice of cancellation is received;
- Date of booking up to 84 days prior to scheduled arrival at the Adventures Program: administration fee of US$65.00
- Between 83 days and 56 days prior to scheduled arrival at the Adventures Program: cancellation charge of 50% of the total cost of the Adventures Program in USD. All optional activities booked directly by the attendee who confirmed the activity will need to be canceled directly with Red Cliffs Lodge in Moab by the individual cancelling.
- Less than 56 days prior to scheduled arrival at the Adventures Program: cancellation charge of 100% of the total cost of the Adventures Program in USD. All optional activities booked directly by the attendee who confirmed the activity will need to be canceled directly with Red Cliffs Lodge in Moab by the individual cancelling.
12. Change or cancellation by us of your Adventures Program booking
It is possible that we may have to cancel or change your Adventures Program booking after confirmation or to make changes to the Adventures Program, as we reserve the right to do. Changes will usually be minor and will not have any material effect on your Adventures Program. Minor changes may include, for example, the alteration of the advertised order of the activities in your itinerary or substitution with other activities of a broadly similar nature or possibly involving different models of vehicles being available to drive than those advertised. Also, we may not be aware of the need for a change in advance of your arrival at the Adventures Program and/or the need for changes or adjustments may arise during the course of your Adventures Program given the exceptional conditions in which the Adventures Program operates.
Changes to and cancellation of your Adventures Program booking may also become necessary as a result of force majeure or where the minimum number of bookings required to operate any particular Adventures Program has not been received by the applicable deadline.
In the event that adverse or unsuitable weather requires us to make alterations to the program, we reserve the right to offer alternative driving experiences. This type of weather-initiated change will not entitle you to cancel your Adventures Program booking without paying the applicable cancellation charges.
In the event that your Adventures Program has to be cancelled in advance of your arrival or we have to make a significant change, which you refuse, we will, subject to availability, offer you a place on another Adventures Program of the same or substantially similar duration and itinerary. If we are unable to do so or if you refuse to accept that offer, we will provide you with a full refund of the money you have paid us for your Adventures Program booking.
Where a change or cancellation has to be made as a result of unusual and unforeseeable circumstances beyond our control (i.e., force majeure), the consequences of which we could not have avoided even with due care or if a change or cancellation is a result of the lack of the required minimum number of bookings, we will have no other liability or responsibility to you apart from that described herein. Without limitation, we will not be responsible for the cost of any flight booking, re-booking, or other arrangements made in connection with your Adventures Program booking.
13. Force majeure
In these Terms, force majeure means any event which we or a supplier of service(s) to the Program in question could not, even with appropriate due care, foresee or avoid. In relation to the Adventures Program, force majeure is potentially most likely to involve adverse or unsuitable weather conditions which result in the closure of the trails or inability to operate the Adventures Program as advertised or to conduct the Adventures Program at all. Force majeure may also involve, whether actual or threatened, fire, terrorist activity, industrial dispute, natural or nuclear disaster, epidemic, war, civil unrest and all other events outside our control or that of the supplier, whether taking place at or in the vicinity of the Adventures Program or elsewhere.
Except where otherwise expressly stated in these terms, no liability of any kind is incurred by or the responsibility of Além, Jaguar Land Rover or any other party, contractor or supplier involved in the operation of the Adventures Program in the event that the performance or prompt performance of our obligations under these Terms or of any of Além’s obligations under its contract with you is prevented or affected by any event of force majeure or in the event that you otherwise suffer any damage, loss or expense of any nature as a result of force majeure.
14. Responsibility for your Adventures Program
(a) Your safety is our highest priority but you acknowledge that the Adventures Program involves driving in exceptional circumstances where there are inherent risks of injury/damage to both you and your property and to other property. By making your booking, you acknowledged and accepted the inherent risks involved in the Adventures Program and, where booked, the optional activities.
(b) You agree that you are responsible for your own actions and inactions, and for your own safety and that of others and of property as occasioned by your own actions or conduct, or inactions, as appropriate.
(c) In this clause, references to damage include without limitation, claims, liabilities, death, personal injury, damage, expense and loss of any nature whatsoever, whether direct or indirect, and whether foreseeable or unforeseeable.
(d) Neither Além nor Jaguar Land Rover shall in any circumstances be liable to you to the extent any damage arises or is increased or contributed to as a result of your breach of or failure to comply with these Terms or otherwise due to your act(s) or omission(s) or as a result of force majeure as referred to in clause 13.
(e) Except where otherwise expressly stated in these Terms, Além and Jaguar Land Rover otherwise exclude and disclaim liability for any damage and compensation or recovery of any kind to the maximum extent permitted by law whether liability arises in contract, tort (including negligence), by statute or otherwise. Neither Além nor Jaguar Land Rover shall have any liability for any indirect, special or consequential damage of any nature whatsoever or for any damage which, on the basis of the information given to us prior to confirmation of the booking, we could not have reasonably foreseen you would suffer or incur if we breached our contract with you. Additionally, neither Além nor Jaguar Land Rover shall be liable for any damage, which is related to or connected with any business or activity engaged in for profit or otherwise, including without limitation, loss of profit, earnings, revenue, contracts, business opportunities, reputation or goodwill.
(f) Except where sub-clause 14(g) below applies, Além’s obligations under these Terms and its contract with you are limited to the selection with Jaguar Land Rover of the suppliers whose services contribute to or form part of your Adventures Program. Neither Além nor Jaguar Land Rover has any responsibility for the acts and omissions of any such suppliers whether or not they were at the time performing contracted services.
(g) Além shall have no liability to any person or Participant as the administrator of any package in accordance with clause 14(g) for any damage which results from (i) the act(s) and/or omission(s) of the person(s) affected or the act(s) and/or omission(s) of a third party not connected with the provision of the contracted services which contribute to or form part of your Adventures Program and which were unforeseeable or unavoidable or (iii) force majeure.
15. Complaints
In the event you consider there is any deficiency in the provision of your Adventures Program, please advise the on-site manager at the Adventures Program as soon as possible. They will take all appropriate steps to address any issue thus raised with a view to resolving it to your satisfaction. In the event that you remain dissatisfied and/or wish to pursue the matter further after the end of the Adventures Program, please provide full details of your complaint in writing to the on-site manager at the time with a copy to Além by e-mail at jlrconcierge@aleminternational.com) with these details and any attachments as soon as you reasonably can but, in any event, not later than thirty (30) calendar days after the end of your Adventures Program.
No claim or liability can be accepted, nor processed, for any complaint or claim (except as referred to in this clause) which is not formally and timely communicated as set out above.
16. Vehicle Fleet
Vehicles shown are for illustration purposes only and may not be available to drive on the day of the Adventures Program in question.
17. Use of image
You acknowledge that photographs, videos and recordings of you and your personal property, including any vehicles, as well as quotes from you, may be taken by, Além, Jaguar Land Rover or its vendors at the Adventures Program. You agree that any such photographs, videos, recordings or quotes, along with your name and biographical information, may be used by, Jaguar Land Rover or its vendors in any manner, venue or media worldwide in perpetuity, without compensation, for any lawful purpose, including without limitation for marketing and trade purposes.
18. Governing law and place of jurisdiction
The laws of the State of Colorado, in the United States without regard to such state’s conflict of laws rules (and no other State’s or jurisdiction’s laws) will apply to your contract and to any dispute, claim or other matter of any description which arises between us. If a claim or complaint is validly and timely communicated to us (as set forth in Clause 16) and is otherwise unresolved, the courts of the State of Colorado (or the US federal courts, if applicable) only shall have jurisdiction to hear such claim.
19. Privacy and usage of data collected
You hereby give Jaguar Land Rover your consent to use your personal information and other information that you provide in accordance with Jaguar Land Rover’s Privacy Policy available at https://www.landroverusa.com/privacy-policy.html. Jaguar Land Rover may share your personal information and other information with its affiliates and service providers, including Jaguar Land Rover’s retailers and Além and Stripe, for the purposes set forth in these Terms and as permitted in Jaguar’s Privacy Policy. You can opt out of receiving marketing information from Jaguar Land Rover at any time by following the directions in Jaguar Land Rover’s Privacy Policy or “opting out” of any email marketing communication that you may receive.
Any personal data, which you provide to Além in connection with any flight or other travel booking or the purchase of travel insurance, is the responsibility of Além and subject to applicable U.S. law. Além will not sell or rent your information to any third party but it will use your information to communicate with you and to provide the services requested in connection with the Adventures Program. You may opt out of any future contact from Além at any time by contacting it at JLRConcierge@aleminternational.com.
Any personal data, which you provide to Stripe in connection with the booking for any Adventures Program is the responsibility of Stripe and is subject to Stripe’s separate privacy policy available at stripe.com/us/privacy and to applicable U.S. law.
20. Final Provisions
No statement, promises or inducements made by any party hereto, which is not contained in this written contract, shall be valid or binding; and these Terms may not be enlarged, modified or altered except in writing signed by you and us. These Terms & Conditions and related documentation constitute the sole and only binding agreement between us, and no other agreements, oral or written shall be binding or effective.
If any provision of these Terms is determined to be unenforceable by any court of competent jurisdiction it shall be deemed to have been deleted without affecting the remaining provisions.