TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SUBMITTING A RESERVATION WITH US AS YOU WILL BE BOUND BY THEM. THESE TERMS INCLUDE LIMITATIONS OF OUR LIABILITY AND OTHER IMPORTANT DISCLAIMERS. BY SUBMITTING A RESERVATION YOU ACKNOWLEDGE THAT YOU AGREE AND ACCEPT ALL TERMS AND CONDITIONS IN THIS AGREEMENT AND YOU HAVE BOOKED A TRIP WITH US.

1. Applicability.  These terms and conditions (these “Terms”) govern the travel arrangement and booking services (the “Services”) provided by Outdoors Advisor, LLC, a Minnesota limited liability company (“Outdoors,” “we,” “us,” or “our”).  In these Terms, “you,” “your” or “Client” means any person who makes a reservation for a Trip (as defined below) through Outdoors and any other person on whose behalf such person is making a reservation, as the other person is listed on the reservation.  Any person included on a reservation will be bound by these Terms. These Terms and the confirmation received from Outdoors confirming a reservation with the description of Trip booked and the total price (the “Reservation Confirmation”) comprise the entire agreement between Client and Outdoors.  These Terms and the Reservation Confirmation supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.  In the event of any conflict between these Terms and the Reservation Confirmation, these Terms shall govern.  

Outdoors does not own or operate any entity that provides goods or services for any trip you book through Outdoors (a “Trip”) including, but not limited to, lodging facilities, plane, bus, vehicles or other transportation services, food providers, tours, excursions and activities providers, and equipment suppliers.  Outdoors’ Services are limited solely to arranging travel and other services to be provided as part of the Trip by third party suppliers and booking services for the Trip.  Such third party suppliers likely have separate “terms and conditions” that apply to your reservation and purchase of a Trip.  You must abide by those terms and conditions.  Outdoors has no liability to you whatsoever for any services provided by third party suppliers or for your violation of a third party supplier’s terms and conditions.  Outdoors may, but is not required to, make a third party suppliers’ terms and conditions available to you.  If a third party supplier does not have terms and conditions, then these Terms are the only terms and conditions that apply to your Trip.

2. Contract with Outdoors.  These Terms state your responsibilities and obligations and includes conditions under which Outdoors may make changes to your Trip, including both minor and significant changes up to cancelling your Trip. These Terms also include limitations of our liability and other important disclaimers. It is your responsibility to read these Terms entirely and acknowledge that you understand them before making your reservation and purchasing a Trip. By making or submitting a reservation you acknowledge that you agree and accept these Terms and you have booked a Trip with us which are subject to these Terms.

3. Payment Requirement; Non-Refundable Deposit.  Payment for a Trip is due in full upon submitting a reservation including all applicable taxes. A reservation is made when (1) Outdoors has confirmed acceptance of your reservation for a Trip to you in writing (whether in paper or electronic form) through the Reservation Confirmation and (2) Outdoors receives payment in full for the Trip.  25% of your Payment shall be deemed a non-refundable deposit in the event Outdoors cancels your Trip under Section 6 for reasons outside of its control (the “Non-refundable Deposit”).  

4. Cancellation by Client Prior to Trip Start Date. A “Trip Start Date” is the first date on the itinerary on the Reservation Confirmation. Prior to your Trip Start Date, if you wish to cancel your Trip  in full or part, you must submit your request in writing to us by email or postal mail. The date that Outdoors actually receives the written cancellation (either by email or letter) determines the cancellation fee that will apply. Cancellation fees stated below are subject to the applicable third party provider’s cancellation and refund policies and may be more than stated below.  No refund shall be provided for any portion of a Trip if refunds are not provided by a third party service provider.  Subject to any third party service provider’s policies on cancellation and refund, you shall be charged cancellation fees as set forth below:

Except as required by applicable law, THERE ARE NO EXCEPTIONS to this cancellation policy, including for reasons related to weather, terrorism, civil strife, personal, family or medical emergencies or any other circumstances beyond our control. We do not offer trip insurance at this time.

5. Changes by Client.  You may request a change to your Trip.  Outdoors cannot and does not guarantee that such request will be accepted or possible.  It shall be in Outdoors’s sole discretion whether to grant a request for a change to your Trip.  If such change request is granted, all additional costs associated with the change shall be charged to You.  These costs may include, but are not limited to, lodging, transportation, destination services, sightseeing, and activities cancellation charges imposed by a third party suppliers. All changes must be made at least 45 days before the Trip Start Date of the originally reserved Trip. (For changes once the Trip has begun, see the section below captioned “Unused Services and Personal Expenses.”)

6. Cancellation by Outdoors.  Outdoors shall not cancel a tour within thirty (30) days before the Trip Start Date except pursuant to Section 9 of these Terms for a Force Majeure. , in the case of extreme circumstances (such as, by way of example but not exclusion, weather conditions that prevent the flight of a plane), a third-party supplier’s cancellation outside the control of Outdoors or a breach of these Terms by Client.  If a trip is cancelled prior to the Trip Start Date due to the reasons in this Section 6, Client shall receive a full refund of the cost of the trip less the Non-refundable Deposit.

7. Changes by Outdoors and Third Party Suppliers.  While it is Outdoors’ intent to deliver trips as advertised and to work with third party suppliers who will operate the trips as advertised, it is possible that changes to a trip may be made when considered necessary.  Changes to an itinerary may occur due to safety concerns, the unpredictability of weather, business and political forces, or other forces or occurrences not stated here. Consider your itinerary as a guide; it is not a contract.

Outdoors reserves the right to change any of the services and facilities described in the trip description before a reservation is made and a Trip booked. If such a change is made, you shall be told at the time of submitting a reservation to book a Trip.  Outdoors also reserves the right to make changes to the itinerary, services, or facilities when necessary after a Trip is booked.  Outdoors also reserves the right to substitute any transportation, lodging or services from those originally described for those of similar quality, with or without previous notice to you.

8. Unused Services and Personal Expenses.  Notwithstanding any other provision of these Terms, after the Trip Start Date, partial refunds are not available for unused services including but not limited to hotel rooms, meals, air or land transportation, destination services, sightseeing or other activities and excursions. You shall not be reimbursed for any personal expenses such as airfare, hotel or other travel expenses due to changes in itineraries or cancellations. Further, we will not provide any refund for any delay, change, cancellation, overbooking, or strike by our third party providers who provide various goods and services connected with your Trip, including lodging, meals, transportation, destination services, sightseeing, or other activities and excursions.

9. Force Majeure.  Outdoors shall not be deemed in breach of these Terms or otherwise liable to you, by reason of nonperformance or delay in performance of any of its obligations under these Terms to the extent that any such delay or nonperformance is due to any force majeure. “Force Majeure” means any circumstances beyond the reasonable control of Outdoors including, without limitation, acts of God, terrorist activities, insurrection, explosion, flood, snow, blizzard, forceful wind, fire, accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government intervention, other weather conditions and unforeseen circumstances. If Outdoors and/or any of its third party suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole discretion, vary or cancel any itinerary or arrangement in relation to a Trip without liability to you.  

10. Trip Start Date.  The Trip Start Date is the first date on the itinerary on the Reservation Confirmation. It does not include any earlier departure date that you may have planned including, but not limited, to airline flights arranged for and necessary to your embarking on the Trip on the Trip Start Date. It is your responsibility to be ready to embark on the Trip as specified in the itinerary. Outdoors is not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures. You cannot cancel your Trip with us without penalty due to a cancelled or missed flights, changed flight itineraries, late arrivals, or early departures.

11. Images Release.  You agree that Outdoors may use, re-use and reproduce any images, photos or videos that you send to Outdoors, or that are taken by Outdoors, or any of its third party suppliers and their guides and/or other travelers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promoting and publicizing Outdoors’ travel services worldwide. If you do not want us to use any images of you that are taken by Outdoors or other participants during your Trip, you must inform Outdoors in writing prior to the Trip Start Date.

12. Waiver of Consequential Damages; Limitation of Liability.  IN NO EVENT SHALL OUTDOORS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, PUNITIVE, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND ARISING UNDER THESE TERMS OR IN CONNECTION WITH OUR SERVICES OR ANY TRIP, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF OUTDOORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO RECOVER SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY SET FORTH IN THESE TERMS.

NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, YOU AGREE OUTDOORS’ TOTAL LIABILITY TO YOU ARISING FROM OR IN RELATION TO THESE TERMS, THE SERVICES PROVIDED BY OUTDOORS, OR ANY TRIP, WHETHER ARISING IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO OUTDOORS HEREUNDER.  IN NO EVENT SHALL OUTDOORS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

13. Assumption of Risk and Release. You agree that you have voluntarily applied to participate in the Trip on which you are booked which will involve outdoor and other activities and traveling in remote areas ("Trip Activities"). You agree you are voluntarily participating in the Trip with the knowledge of the numerous risks and dangers involved, which include but are not limited to: physical exertion for which you may not be prepared; forces of nature and weather conditions; Acts of God; transportation failures whether by plane, train, auto, snowmobile, ski, foot, or by any other means;  illness or personal injuries; death; consumption of alcoholic beverages; mechanical or equipment failures; negligent or willful acts and/or omissions by others persons; unexpected events; terrorist activities, civil disturbances, war; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; stolen, lost, or misplaced luggage or property; abnormal conditions or developments; or any other actions, omissions, or conditions outside of Outdoors’ control. You agree Outdoors will have no liability regarding the adequacy of any evacuation plan, medical care, transportation, equipment or supplies that may be provided. You fully assume all risks associated with the Trip and you hereby release Outdoors from any and all liability to the maximum extent permitted by law. You, for yourself and persons included on the Confirmation Reservation (the “Client Parties”), AGREE THAT THIS SECTION 13 SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK by you, and the Client  Parties, and your and their respective heirs, successors, assigns, and legal representatives, and you for yourself and the Client Parties hereby fully assume all risks associated with the Trip Activities and hereby release Outdoors from any and all liability in connection therewith to the maximum extent permitted by law.

KNOWING AND VOLUNTARY EXECUTION: You have carefully read and understand the provisions and legal consequences of this Section 13 and the Terms and you hereby agree to all of Section 13 and the Terms. You agree that this release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of Minnesota.

14. Severability.  If any term or provision of these Terms, including Section 13, is determined to be invalid or unenforceable, such invalidity or unenforceability shall be ineffective to the extent of such invalidity or unenforceability only, without affecting any other term or condition of these Terms which shall remain in full force and effect; any such invalid or unenforceable provision shall be replaced with an enforceable provision under applicable laws which achieves to the greatest extent possible the original intent of such invalid or unenforceable provision.

15. Successors and Assigns.  You shall not assign any of your  rights or delegate any of your  obligations under these Terms without the prior written consent of Outdoors.  Any purported assignment or delegation in violation of this Section 15 is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms.

16. Updating of Terms and Conditions.  Outdoors reserves the right to update and/or alter these Terms at any time.  It is your responsibility to be familiar with these Terms.  The latest Terms may be found on Outdoors’ website.

17. Governing Law. These Terms shall be construed in accordance with and governed by the laws of the State of Minnesota, without regard to conflict of law provisions. Any dispute or controversy arising under or in connection with these Terms shall be venued exclusively in the state or federal courts located in Hennepin County, Minnesota, and the parties hereby agree to the exclusive jurisdiction of said courts.

18. Amendment and Modification.  These Terms may only be amended or modified in a writing which specifically states that it amends these Terms and is signed by Outdoors and you.

Effective Date:  December 22, 2017