GENERAL TERMS AND CONDITIONS
and Operator-Participant Contract
Thank you for using our Service(s), Program(s) and/or Tour(s). Our Services are diverse, and are sometimes referred to individually, and at other times are referred to collectively as Service or Services. We welcome you as a Client (and sometimes refer to you interchangeably as a Participant) and we hope that your time with us is trouble-free, productive and fun. But, due to the inherent dangers in surfing, skiing, snowboarding and the many considerations of the travel business, by using our Services you are agreeing to certain Terms and Conditions that govern many aspects of your relationship with us as a company, our employees, owners, members, contractors, instructors and others. To make these Terms and Conditions easier to understand, we use examples, descriptive headings and formatting; they are informative, but can’t be used to infer meaning or intent. These Terms and Conditions may limit your rights. It is your responsibility to read them carefully.
The Services are usually provided by SASS Global Travel, LLC or Rincon Surf School, LLC, but are sometimes provided by other contractors, operators or members. All of these entities, including SASS Global Travel, LLC and Rincon Surf School, LLC, may be referred to individually, and are also sometimes referred to collectively as Operator or Operators.
You are agreeing to these Terms and Conditions by using our Services for hire or for free, whether or not you sign a separate waiver or release, and if you do, whether you signed it by hand or electronically. Your acceptance of these Terms and Conditions is intended to be interpreted as broadly as possible in favor of the Operator.
The Services may include, but are not limited to:
SURF-RELATED ACTIVITIES, including but not limited to: surf lessons, surf guiding, guided surf adventures, surf instruction, advice, snorkeling, renting of surf boards or other equipment for the same and any other activity or incidental excursion that may be recommended or attended by any Operators, and;
WINTER DOWNHILL SPORTS, including but not limited to: skiing, snowboarding, telemark skiing, ski boarding, snowmobiling, backcountry skiing or snowboarding, off-piste guiding, the use of snowcats, ATVs, other vehicles and related equipment, extreme skiing and alpine touring, mountain travel, hiking, climbing, mountain guiding, freestyle coaching, equipment rental, avalanche education, classes, freeriding, and any other activity or excursion that may be recommended or attended by any Operators, and;
TRAVEL-RELATED SERVICES, including but not limited to: directly or indirectly providing lodging that we own, lease or manage; lift tickets or passes, guiding, local transfers incidental to lodging or activities, itinerary management, referrals, advice, customized packages, whether or not it includes travel-related services provided by a licensed travel agency (“Travel Agency Services”), including advertised or packaged air, sea, or land travel. See our Travel Agency Services Disclosure below for more information.
Argentina Legal Compliance Statement:
In compliance with tourism and tax laws in Republica Argentina, we contract a licensed and insured tourism operator to provide services to our groups. For inquiries regarding our legal compliance in Republica Argentina, please contact:
HUILQUE Servicios Patagónicos
Operador Turístico SOULMAX S.R.L.
Leg. N10.280 – Disp.1052. – SUC BARILOCHE
CUIT N°: 30-70835286-8
Av. Sucre 2565, San Isidro, Buenos Aires, Republica Argentina
+54 (11) 4747- 5357
Travel Agency Services Disclosure:
Because SASS Global Travel is not a “traditional” travel agency, but rather an action sports and adventure travel company, all Travel Agency Services and any related requests or transactions are processed directly by SGT AIR CORP or PRIME TRAVEL (Licensed Seller of Travel #ST38414), and are in compliance with applicable state-level “Seller of Travel” statutes. For more information on travel agency services, please contact:
Because our Services are so diverse, sometimes Additional Terms or requirements may apply. Additional Terms will be available on our web site, and before registering for the relevant Service, and you agree that these Additional Terms will become part of your agreement with us if you use those Services. These Terms and Conditions may change at any time, without advance notice, and you must follow any policies made available to you within the Services, including those in the detailed Operator-Participant Agreement below:
General Agreements and Responsibilities:
Most of our Programs are fun, exciting and involve certain risks, as does the act of travel itself. Due to these inherent risks, Operator will not be responsible for a Participant’s failure to follow instructions or a lack of common sense; including failure(s) to: read emails, follow arrival or departure procedures, confirm flight dates and times, pay invoices by the due date, etc. Because some of our programs require Participants to live, sleep and participate in activities together or as a group, there are certain rules and regulations that may be unique to specific Programs or Services. These will be provided in any applicable Additional Terms. However, in all Programs, the Operator reserves the right of admission, and requires that no client engage in abusive, disruptive or illegal behavior during a Program or Service, or any other behavior that endangers the well-being of Operators or other Participants, or inhibits another Participant’s reasonable enjoyment of their time in the Program. If you engage in such behavior, you may be asked to leave, and forfeit the prorated amount of services rendered by the Operator to that point. You may not abuse our Services or our goodwill. Keeping an open mind, using good common sense and maintaining a positive attitude will avoid most of these issues.
Operator is not responsible for any act or injury that may occur to any Participant while at any establishment or event in accordance with any optional activity or excursion participated in by its clients, whether attended by the Operator or not. Many such Tours are subject to Additional Terms and require waivers of liability, as well as the indemnification of the Operator.
Major Changes and Part 380 of DOT Special Regulations:
Certain sections of Part 380 of DOT Special Regulations may apply to your booking. Operator does not make flight bookings or provide Travel Agency Services directly, and as such, Part 380 regulations that apply to flights may be applicable to a bona fide travel agency or airline completing the booking. However, there may be some DOT regulations that could apply to the Operator regarding major changes, including:
(1) the substitution of any packaged hotel that is not named in the Operator-Participant contract; or
(2) a price increase of more than 10% occurring more than 10 days prior to departure.
If Operator becomes aware of a major change 10 or more days prior to departure, Operator will notify Tour Participants within seven days of first knowing of such a change. If Operator should become aware of a change within 10 days of departure, it will notify Tour Participants as soon as possible. Upon receiving notification of a major change, Tour Participant may cancel up to the date of departure, and receive a full refund upon receipt of notice of cancellation.
If Operator gives Tour Participant notice of change after departure, the Participant may decline to accept the change and be sent a refund for the portion of his or her payments allocated to the accommodations not provided within 14 days after scheduled return date. In either case, Operator shall have no further liability to the Tour Participant.
Cancellation by Operator:
In the highly unlikely event that we must cancel the Service, Operator will notify Participant in writing within 7 days of cancellation, but in no event later than 10 days before the scheduled departure date. Operator will not cancel within 10 days of the departure date, except for circumstances that make it impossible to perform. If that occurs, notification will be issued as soon as possible but no later than the scheduled departure date. In such an event, a full refund will be made to you within 30 days after cancellation.
Because we frequently engage in activities and sports that are weather-dependent, and that may take place in foreign countries, there are ABSOLUTELY no refunds given for reasons pertaining to surfing or snow conditions, weather conditions, natural disaster or Act of God. There are ABSOLUTELY no refunds given for reasons pertaining to a global, national, or provincial political situation that does not materially prevent the operation of the Program. The purchase of Travel Insurance is strongly recommended.
There are absolutely no refunds or partial refunds given for early departures from a Tour or from any Services, whether provided at a resort, hotel or surf/snow camp, etc. for any reason. There are no medical exceptions to this policy.
Cancellations, Refunds and Credits:
We know things change and life intervenes, but some or all of your payments and deposits made to the Operator may be non-refundable. This is why the purchase of Travel Insurance is required in many cases, and if not, it is always highly recommended. THERE ARE NO MEDICAL EXCEPTIONS TO REFUND POLICIES. We are in an industry where clients frequently put themselves at risk through action sports, and injuries are often an unfortunate side effect of participation in these activities. The following refund policies are in effect:
For our Argentina Backcountry Program, or SASS Argentina:
- Before April 1 – Eligible for 50% Refund of Deposit or 70% in Credit towards future programs or services.
- Before May 1 – Eligible for 40% Refund of Deposit or 60% in Credit towards future programs or services.
- Before June 1 – Eligible for 30% Refund of Deposit or 50% in Credit towards future programs or services.
- After June 1 – No Refund of Deposit. Up to 50% in Credit available only if spot is re-sold.
For our Japan Backcountry Program, or SASS Japan:
- Before September 1 – Eligible for 50% Refund of Deposit or 70% in Credit towards future programs or services.
- Before October 1 – Eligible for 40% Refund of Deposit or 60% in Credit towards future programs or services.
- Before November 1 – Eligible for 30% Refund of Deposit or 50% in Credit towards future programs or services.
- After November 1 – No Refund of Deposit. Up to 50% in Credit available only if spot is re-sold.
Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. Credits may be maintained with Operator for no more than two (2) years, and applied to services provided directly by the Operator. There is no guarantee that the same trip will be available, or that the price, terms or location will not change.
To avoid issues financial harm from cancellations and other travel problems, we require or recommend travel insurance for all clients.
Operator does not book, purchase or advertise airfare. This is a component of the Travel Agency Services that would be handled by the Participant and/or a duly licensed travel agency. Furthermore, Participants are responsible to purchase their own flights for Operator Services, and they must schedule flight arrival departure for the dates specific to the stated start and end dates corresponding to the Service. Flight delays are unfortunate, but are an inherent risk in air travel and beyond the control and responsibility of Operator. Missed nights accommodations, missed time in vacation destination, missed connections to/from flights, missed wages, missed features, and additional expenses – including meals, lodging and long distance phone calls incurred due to flight delays are beyond Operator’s control and responsibility.
Services Provided by Other Operators or Owners:
In consideration of the diverse Services provided by the Operator, you indicate your understanding and acceptance that while most services are provided directly for the Operators, the Operator may also act as a sales platform.
Example: If you get surf lessons from the Operator and you also book your lodging at a condo that the Operator manages. The Operator accepts payment for the surf lessons (which they provide) and also the lodging, even though it belongs to an outside owner.
If you are using a Service in which the Operator is not providing the Service directly, you will be provided with any applicable Terms and Conditions along with other important information before purchase. When the Operator acts solely as a sales platform in arranging any Other Service (such as accommodations, excursions, other tours), it is not responsible for any act, omission, injury to person or property, loss, inconvenience, accident, delay, irregularity, negligence, nor default of any company, lodge, Carrier Company and/or their employees, servants or subcontractors providing any services, accommodations, or facilities in connection with the Other Service.
Example: If you’re staying at an independently owned condo and (while we hope it never happens), the unit floods and damages your luggage. You suffer from mental anguish from the loss of your laptop which contained the valuable plans to your latest invention. Even though we collected money from the condo, you have to seek damages from the Other Service, not from us. We can’t be responsible for what isn’t ours.
Upon successful completion of a registration, the Participant will receive electronically, usually immediately but always within 48 hours:
1) Automated Registration Confirmation Page (“Confirmation Page”)
2) Detailed List of Inclusions and Services
3) Receipt for applicable Payment or Deposit from Credit Card Processor
Within 72 hours, the Participant will receive:
4) Relevant Additional Details
5) Interactive Invoice Showing all Payments, Deposits, and Remaining Balance
Documents are automatically sent by email to the Primary Account Contact. Paper copies are available upon request by phone, email or in writing to:
SASS Global Travel
340 S. Lemon Ave #7842
Walnut, CA 91789
Bill of Sale:
Confirmation Page and a Government-Issued Photo ID matching the Confirmation Page serves as the Bill of Sale for all lodging, Tours and services specifically named therein. Lodging, Tours and services (optional or inclusive) detailed on the Operator website are only included if they are part of the final purchased package described on the Confirmation Page, and may vary by Participant.
Price and Inclusions:
We endeavor to be extremely clear on our pricing and inclusions, but sometimes misunderstandings can occur. To minimize such events, please read the trip description carefully on the Operator website and your Bill of Sale (Confirmation Page) for all inclusions. All inclusions are subject to terms and conditions contained herein. Prices are based on current rates. Certain rates outside the control of Operator are subject to change without notice, including changes in government visas, taxes, fees, fuel surcharges, etc.
Payments and Deposits:
Some of our Services require payment in full at the time of booking, while others may accept a deposit. If we accept a deposit, you must pay Operator the balance 30 days before departure. Late payments may be subject to a 10% monthly late fee on the unpaid balance. You are responsible for paying the rate corresponding to the trip shown on your account at the time of departure. There is a $50 charge for any returned checks or other rejected payment.
Past Due Balances:
If we do not receive all payments due in full and on time, we are entitled to assume (on behalf of the supplier(s) concerned) that you wish to cancel your booking. We will send you several invoice reminders. In this case that your balance is past due more than 30 days, we will be entitled to retain all monies paid to date. If you do not pay your balance in full before arrival at the start of your Program, you will be denied services until such balance is paid in full, or other satisfactory arrangements are made at the sole discretion of the Operator.
Last Minute Bookings:
May be accepted until the day of departure, and are defined as any booking occurring within 7 days of the published Program or Service start date. Such bookings may include a $50 Late Booking Fee. For last minute bookings, full payment is due upon registration in order to process reservation. Please call for availability.
Payment for incidental charges (e.g. bar, equipment, telephone charges, etc.) must be made directly to the provider before you depart. You authorize Operator to bill such charges to you after your departure using any available payment method on file, plus gratuity and service charges equal to 18% of your bill, if you depart before paying all charges.
During the course of the Program, you may have the opportunity to rent, borrow or demo equipment from the Operator. You are responsible for maintaining the equipment in the same condition as it was given to you, with the exception or minimal wear and tear. If you damage it, or if it is lost or stolen, you may be responsible for the cost of replacement and/or repair. Furthermore, it is the responsibility of the Participant to inspect all equipment prior to use, and you acknowledge that the Operator is not responsible or otherwise liable for any failure of equipment or resulting injury.
Changes in Registration:
Clients may change the session of registration, where allowed, no more than 60 days prior to departure. Any other changes to registration after that date are subject to availability, and may be accepted at the sole discretion of the Operator, and may incur additional fees.
Operator assumes no liability for lost or delayed baggage and strongly recommends purchasing Travel Insurance. There may be additional charges assessed for travel to the airport to retrieve lost baggage that is not delivered to your location by the airline.
Documentation and Visas:
Possession of proper documentation and citizenship is the sole responsibility of the passenger (i.e. with a valid passport). Foreign nationals must consult their local consulates for documentation requirements. Failure to provide the air carrier or government officials with the proper documents may lead to denial of boarding, in which case Operator will issue no refunds, nor provide alternate transportation.
Affirmative Critical Travel Assistance:
At times, certain events beyond our control (weather, natural disaster, work-stoppage, flight cancellations) may cause an abrupt change in travel requirements very close to departure, or even during Participant travel to and from a Program or the site of one of the Operator’s Services. If Operator becomes aware of an event that would be extremely likely to cause danger, duress, undue harm or gross inconvenience to the Participant, the Operator may take Affirmative Critical Travel Assistance to aid the Participant without their knowledge.
Example: Participant is in flight, and their connecting flight is cancelled. The Operator learns of the cancellation, and finds that the only other flight option is from another airport in the same city, but seats are filling fast. Operator may request re-booking on their behalf and pay the change fee, and secure a ground transfer to the other airport.
The Operator will only take such actions in the event of an urgent, critical need and could not contact the Participant for authorization. In such cases, Operator may bill the Participant for the costs incurred for such assistance, provided that it equals not more than 10% of the total value of Operator services. You may opt-out of Affirmative Critical Travel Assistance if you are an adult by emailing email@example.com.
If allowed in a Program, Minor Participants (those under the age of 18 on the day of departure) and their parents or guardians are subject to Additional Terms. The Minor Participant (and their parents or guardians, if applicable) is/are required to:
- Have the ability to travel independently and follow written or verbal directions.
- Possess documentation and sufficient age to board a plane unaccompanied, or utilize airline unaccompanied minor services, or travel with a parent or guardian known to the Operator.
- Comply with all applicable local laws, including those regarding alcohol.
- Comply with any directives of Operator’s staff or representatives reasonably tasked with the supervision and safety of Minor Participants.
- Not engage in abusive, disruptive or illegal behavior during an Operator Program or Service that endangers the well-being of Operators or other Participants, or unreasonably inhibits another Participants’ reasonable enjoyment of their time in the Program.
- Agree to the Affirmative Critical Travel Assistance provision, as such changes may be required to ensure the safety and security of the Minor Participant.
- Minor and their parents or guardians further agree that in the event of a substantial travel delay, cancellation or overnight stay, assistance may include additional fees related to overnight lodging (billed at the published rate for that hotel) and adult supervision during travel (billed at $20 per hour, per minor Participant) that may exceed the 10% limit for adult clients. Minor Participants and their parents or guardians agree to pay any such related charges.
- Understand and agree that violations of these Additional Terms may result in the ejection of the Minor participant from the program, the forfeiture of all payments and deposits, and the requirement that the Minor Participant return immediately to their home or to the care of a responsible guardian at the sole expense of the Participant or their parent or guardian.
Ability Level Requirements and Misrepresentation of Ability:
There are some Services or Programs that require a minimum ability level in surf or snowsports, and also require the Participant to evaluate their own ability during registration. The Operator will provide metrics for determining ability level, but it is impossible (in most cases) for the Operator to fully determine the ability of each Participant based solely on their responses during registration. The Operator will make all reasonable efforts to accommodate the Participant within the standard range of Services — usually as part of a guided group with other Participants of a similar level.
If the Participant grossly misrepresents their ability or is ignorant of the required minimum ability level, the Participant may be required to seek outside coaching to bring their ability to the required level in order to avail themselves of the standard range of Services. Outside or private coaching is not included in the quoted price, and will be at the exclusive expense of the Participant. If the metrics provided by the Operator leave the Participant in doubt about their ability level, it is their responsibility to indicate this to the Operator or email firstname.lastname@example.org to determine if the Program is suitable for them.
I agree to indemnify and hold harmless the Operator, its owners, managers, agents, employees, contractors and manufacturers from all claims, damages, losses, injuries, and expenses arising out of or resulting from my families or my participation in Programs, Services or Tours. I further agree to release, acquit, and covenant not to sue Operator, their agents, contractors and employees for all actions causes of action claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of Operator, negligence of another participant, or my family, myself, or my heirs, against Operator arising out of participation in this program. In short, I cannot sue Operator for any reason I and/or my child may receive an injury and if I do, I cannot collect any money.
Arbitration and Governing Law:
Any controversy or claim arising out of or relating to this contract or any part of this contract shall be settled by binding arbitration in New Hampshire in accordance with the Commercial Arbitration Rules of The American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
I agree to the site of any lawsuit and the law governing any such lawsuit shall be in New Hampshire and governed by New Hampshire law. The terms of this agreement shall continue and be in effect after the ski and snowboard camp has ended. As liquidated damages, I hereby agree that if Operator is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue, by myself, my executors, or my heirs, on my family’s or my behalf, my heirs or executors and I agree to pay Operator’s costs and attorney fees if they successfully defend such action, lawsuit or litigation. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. A copy of this release can be used as if it was an original. This release is intended to be interpreted as broadly as possible to effect the intent and purpose of the release.
Revised November 26, 2012
ADDITIONAL TERMS, WAIVERS & RELEASES
Argentina Backcountry Program
Rincon Surf School
Hokkaido/Niseko Japan Program (Black Diamond Tours)