Adventure Pass LLC’s
Booking Terms & Conditions

Table of Contents

1. Definitions
2. Eligibility
3. Prices and Pricing Errors
4. Bookings
5. Payments
6. Cancellation and Alteration Policies
7. Issuing Travel Documents
8. Travelers with Special Needs or Disabilities
9. Insurance
10. International Travel: Passports, Visas, Vaccinations, etc. 
11. Air Transport
12. Local Customs, Laws, and Travel Risks
13. Notices
14. Accommodations 
15. Trip Activities 
16. Proper Conduct Required During Trip 
17. Legal Compliance Required During Trip 
18. Purchases made During Trip 
19. Medical Emergencies 
20. Marketing Materials and Illustrative Photos
21. Limitation of Liability
22. Disclaimer of Warranties
23. Indemnification
24. Force Majeure
25. Disputes: Mandatory Binding Arbitration, Class Action Waiver, etc.
26. Governing Law, Venue, and Jurisdiction.
27. Attorney’s Fees, Costs, and Expenses of Suit
28. Assignment
29. Severability and Survivability
30. PayWaiverWaiverments
31. Modification of Our Booking Terms
32. Entire Agreement

1. Definitions 

• This agreement and its terms and conditions are herein referred to as our “Booking Terms” or this “Agreement”
• “ADVENTURE PASS” and/or “we” or “us” refer to Adventure Pass LLC and/or its officers, directors, employees, representatives, affiliates, agents, or subcontractors
• The “Site” is our website, located at http://www.adventurepass.co 
• “Travel Service(s)” or just “Service(s)” encompass: Bareboat yacht charters, captained yacht charters, helicopter tours, private plane charters, chauffeur service, adventure and experience bookings, and any other travel or travel related products offered or sold by ADVENTURE PASS.
• The term “Trip” is defined as any Travel Service, or package of Travel Services, offered or sold by ADVENTURE PASS.
• References herein to “Traveler(s)” or “you” shall apply to each and any of the following: a party participating in a Trip and/or the party who purchases a Trip for themselves and/or others, including a parent or legal guardian who accepts these Booking Terms on a Travelers’ behalf if the party participating is not of legal age or cannot otherwise enter into a binding legal contract on their own behalf.
• Travel Service Supplier(s) (“Supplier(s)”) are any third-party providers of Travel Services. We work with two main Suppliers: Blue Pacific Yachting for yacht charters and Board Riders Express (BRX) for aviation charters.  

2. Eligibility

The Services offered by ADVENTURE PASS are available for purchase by residents of the United States (excluding Florida, Hawaii, and Washington) while in the United States, its territories, possessions, and protectorates who have all the requisite power and authority to enter into and perform the obligations under these Terms and Conditions and may legally do so. 

3. Prices and Pricing Errors 

Only items and fees explicitly advertised as included in the price of a Travel Service will be included as part of Travel Service’s advertised price. We use commercially reasonable endeavors to publish and maintain accurate prices and information for Services. Suppliers provide the price, availability and other information related to these Services. In the event, however, that a Service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or information received from a Supplier, we retain the right to refuse or cancel any Reservation placed for such Service, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Reservation is canceled because of incorrect information, we will promptly issue a credit to your credit card account in the amount of the charge.  We expressly reserve the right to correct any advertised pricing errors and/or pending bookings. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
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No claim by Traveler relating to the price of a Trip will be considered once the reservation is effective. All prices are quoted in US dollars (US$) unless otherwise delineated. Rates for Travel Services are based on tariffs and exchange rates in effect at the time of posting and are subject to change prior to departure. Substantial changes in tariffs, exchange rates, price of fuel, services and labor sometimes increase the cost of Travel Service arrangements. 

4. Bookings

Traveler may book a Trip through our website, or phone calls to the office. Either way, Traveler will be required to affirmatively agree to these Booking Terms, including Cancellation Policies, Liability Limitations, and Binding Arbitration Provision.

5. Payment

We accept payment by MasterCard, Visa, Amex and ACH.  Note that some credit card charges incur a convenience fee. 

6. Cancellation, Substitution, and Alteration Policies  

i. Cancellations, Substitutions, and Alterations attributable to Traveler

• No substitutions are allowed
• A no show Traveler is treated as a cancellation and forfeits all payments made.
• We refund your fees in USD and are not responsible for currency fluctuations if you paid in a different country.
• After Trip reservation confirmation has been issued, Cancellation and Alteration fees will not be waived in the event that injury, illness, death, family emergency, or any other cause prevents Traveler from taking the Trip.  In the event that Traveler desires reimbursement of fees, expenses, or any and all other costs, Traveler should secure travel cancellation or interruption insurance at their own expense.
• If at any time should Traveler attempt to file a chargeback or dispute the charges agreed upon with your credit card company, bank, and/or financial institution used to make a payment, your itinerary may be canceled. 
• Please familiarize yourself with your Supplier’s terms related to cancellation and alterationsprior to booking as we cannot be held accountable for your unfamiliarity with those terms.
• Supplier’s terms related to cancellation and alterations:
• We refund your fees in USD and are not responsible for currency fluctuations if you paid in a different country.

A. Blue Pacific Yachting (yacht charters)

• 50% Non-refundable deposit to hold dates
• Balance due 30 days before the start of the charter and is non-refundable
• If you are more than 7 days from the start date of your charter, you can reschedule for a 20% rescheduling fee (of the full charter amount) and book dates up to a year from your original charter start date
• No refunds or rescheduling within 7 days of the charter start date

B.  Board Riders Xpress (BRX) aviation charters

• A two (2) hour minimum flight charge will be incurred if a Trip is cancelled within forty-eight (48) hours from departure time for domestic Trips, and seventy-two (72) hours from departure time for international Trips. A “no show” will be charged the full quoted Trip amount. Discounted empty legs will be subject to a 100% cancellation fee from the time of booking
• Trips cancelled during “Peak Travel” periods, defined as the Wednesday before, through the Tuesday after, the following holidays: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, are subject to a cancellation charge equal to twenty-five percent (25%) of the quoted price if cancelled by written notice within seven (7) days of scheduled departure, fifty percent (50%) within five (5) days of scheduled departure, and one hundred percent (100%) if cancelled within seventy-two (72) hours of scheduled departure. Should any portion of Traveler’s Trip fall inside a Peak Travel period, the entire Trip is subject to Peak Travel cancellation terms as stated herein.
• Cancellations initiated by the Traveler due to weather concerns must comply with these standard cancellation terms unless BRX, at there complete discretion, deems the weather unsafe for travel.
• Customer is responsible for paying all fees incurred by BRX in preparation for any cancelled trips, including but not limited to catering, special event fees, foreign permits and handling fees, overnight expenses, or additional services required for action sports gear transportation.

ii. Cancellations and/or Alterations not attributable to Traveler

Particularly as a result of causes beyond our control (ie. “Force Majeure” as defined infra), changes and/or cancellations may need to be made to confirmed bookings. While we always endeavor to avoid changes and cancellations, ADVENTURE PASS and our Suppliers must reserve the right to do so and to substitute alternative arrangements of comparable monetary value. ADVENTURE PASS and our Suppliers reserve the right to adjust Travel Services by changing the modes of travel, or otherwise altering a Trip without prior notice. We accept no liability for loss of enjoyment as a result of these changes.  ADVENTURE PASS will attempt to provide Traveler advanced notice of any changes to your Trip to the extent commercially possible. 

• For California Residents only:

Upon cancellation of the transportation or travel services, where the Traveler is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Traveler, all sums paid to the seller of travel for services not provided will be promptly paid to the Traveler, unless the Traveler advises the seller of travel in writing, after cancellation.  In California, this provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the Traveler with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.

7. Issuing Travel Documents

Travel documents will only be sent to the purchasing Traveler who places the order and personally agrees to these Terms and Conditions. Should you change your email address, phone number, or address before your departure date, you are required to advise us of the change. If a Traveler provides incorrect information to ADVENTURE PASS, we do not assume any liability if the Trip is adversely affected or made impossible by the non-receipt of travel documents.

8. Travelers with Special Needs or Disabilities

If you have special needs (e.g., wheelchair, traveling with seeing eye dog, etc.) you must contact all relevant Suppliers for your Trip ahead of time and verify that those special needs can be met. Depending on their terms and conditions, your reservation may be refunded, canceled or modified if special needs cannot be met. ADVENTURE PASS makes no guarantee as to the ability of any Travel Supplier to meet the special needs of disabled Travelers.

Also:

• Traveler should be aware that different countries have their own standards of accessibility for persons with disabilities.  Before you travel, visit travel.state.gov/destination and enter a country or area to find information for mobility-impaired Travelers in the Special Laws & Circumstances Section
• Consult with your physician before traveling to identify health care needs during your Trip.
• If your health insurance plan does not provide coverage where you are travelling, we strongly recommend supplemental medical insurance and medical evacuation plans (which are required on some of our Trips).
• Carry sufficient prescription medication to last your entire Trip, including extra medicine in case of delay. Some prescription medications that are legal in the United States may be illegal in your destination. See https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages.html for the specific area where you will be traveling or contact the local embassy or consulate for more information if necessary.
• Always carry your prescriptions in their labeled containers, not in a pill pack.
• Carry medical alert information and a letter from your health care provider describing your medical condition, medications, potential complications, and other pertinent medical information.
• Get official documentation of your “special needs”. Your physician should give you a letter stating you are disabled and in what way you are disabled. If you need special equipment of any kind, oxygen, a walker, paper disposables such as underpants, have this included. If possible, have them add the statement that you have been checked and found free of any communicable disease, particularly HIV Aids. Also have your doctor include the medications prescribed for you. Be sure the medication or drugs you carry on your person or in your luggage match what is on the list.
• Many doctors are now using a rubber stamp to prevent forgery of their signatures. Be sure the document you get from your doctor receives this stamp to assure everyone your letter is authentic. Make several copies of the letter and carry the original with you at all times. If your doctor does not have the anti-forgery stamp, go to a notary or similar official.
• Traveler certifies that they are responsible for managing their own medication and medical, physical, or allergic conditions during their Trip. Travelers who have physical conditions wherein they must take medication daily should have back up medication in case the medication gets lost, or is rendered unusable.
• If Traveler’s condition potentially requires EpiPens or other emergency tools, it is Traveler’s responsibility to bring their own and a back up supply. Traveler understands that in the event of injury to Traveler, or exacerbation of Traveler’s medical condition, we may not be held responsible.

Adventure Pass reserves the absolute right to decline a booking at their discretion. If in the opinion of Adventure Pass or our local Supplier, the health, or conduct, of a Traveler before or after departure appears likely to endanger the safe, comfortable and efficient progress of a Trip, the Traveler may be excluded from all or part of the Trip.

9. Insurance

All Travelers are strongly recommended to purchase travel and medical insurance.  Should you have to cancel your Trip because of illness, injury or death to you or an immediate family member, depending on the type of coverage purchased, trip cancellation insurance may protect some or all deposits and payments for Trip costs. Trip cancellation and interruption penalties are significant. Purchasing trip cancellation insurance at a much later date may limit some of the coverage as to pre-existing or other conditions. Adventure Pass recommends the immediate purchase of travel insurance including trip cancellation, emergency medical evacuation, flight delay, baggage and repatriation. 

It is Traveler’s responsibility to understand the limitations of their insurance coverage and purchase additional insurance as needed.  It is the Traveler’s sole responsibility to research, evaluate and purchase appropriate coverage. Traveler agrees that Adventure Pass is not responsible for any uninsured losses.

10. International Travel Requirements: Passports & Visas, Vaccinations, etc.  

It is Traveler’s sole responsibility to verify they have all the necessary visas, transit visas, passports, and vaccinations prior to travel and have paid any required reciprocity fees for their destination. A full and valid passport is required for all persons traveling to any of the destinations outside the U.S. that we feature. You must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates required for your entire Trip.

Most international Trips require a passport valid until at least six (6) months beyond the scheduled return date.  Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or accessed online at http://travel.state.gov/content/passports/en/passports.html, or directly from the destination country's website.  Some countries require you to be in possession of a return ticket or exit ticket and have sufficient funds, etc.  Similarly, certain countries require that the Traveler produce evidence of insurance/repatriation coverage before it will issue a visa.  

You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all Travelers when making a booking and appearing in their travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on their passport, visas, etc.

Immunization requirements vary from country to country and even region to region. Up-to-date information should be obtained from your local health department and consulate.  You assume complete and full responsibility for, and hereby release ADVENTURE PASS from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected.  For State Department information about conditions abroad that may affect travel safety and security, you can contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to http://wwwnc.cdc.gov/travel/.

WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE, TRANSPORT OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION OR IMMUNIZATIONS.  IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON ADVENTURE PASS, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING ADVENTURE PASS ACCORDINGLY.

11. Charter Air Transport - Board Riders Express (“BRX”)

i. General conditions governing air transport

ADVENTURE PASS’ responsibilities in respect to air travel are limited by the relevant charters’ Contract of Carriage.  

ADVENTURE PASS is not responsible for losses due to cancelled flights or changed flight itineraries.  Suppliers retain the right to adjust flight times and schedules at any time, and these changes may include a change in the aircraft type or destination.  Such alterations do not constitute a significant change to your Trip. 

ADVENTURE PASS will not provide any refund for Trips missed, in part or full, due to missed, cancelled or delayed flights, or other flight irregularities including, without limitation, denied boarding whether or not you are responsible for such denial. 

ii. Flight Times

The flight times given by ADVENTURE PASS are subject to change. Traveler must check XXXXXX for the latest timing. 

iii. Failure to Check-in

Failure to check-in for a flight on the outward journey will automatically result in cancellation of the return flight. We would encourage you to contact the Supplier directly on the date of departure if you fail to check-in for your outward journey, but you still want the Supplier to keep your return flight open; this decision remains at the discretion of the Supplier.

iv. Flight Connections

If any booked flight connecting with your outbound or inbound flight is cancelled or delayed, our Suppliers reserve the right to provide that transport by any other means (coach/bus, train, etc.).  If you organize your own connecting transport with the arrangements booked with ADVENTURE PASS, we would advise that you reserve flexible or refundable tickets in order to avoid the risk of any financial loss.  You are also advised not to make any important appointments for the day following your return date. ADVENTURE PASS cannot accept responsibility for the consequences of delays (such as a cancelled flight) in the context of connecting transport organized by you.

v. Baggage

Travelers traveling with action sports equipment (e.g., surfboards, skis, snowboards, bikes, or climbing gear) must notify your Supplier at the time of booking. Supplier will make reasonable accommodations for the transport of such gear but reserves the right to deny specific items due to aircraft capacity or safety restrictions. If special arrangements are required (e.g., oversize equipment or custom storage solutions), additional fees may apply. Failure to disclose such items may result in Trip cancellation at the Traveler’s expense.

ADVENTURE PASS assumes no liability for any loss or damage to baggage or personal effects, whether in transit to or from a Trip, or during a Trip.  Supplier is liable to you for the baggage you entrust to it only for the compensation contemplated in the international conventions and relevant statutes.  In the event of damage, late forwarding, theft or loss of luggage, you should contact your Supplier and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration.  It is recommended that you take out an insurance policy covering the value of your items.  

vi. Stop-Overs

Direct flights may be “non-stop” or may involve one or more stop-overs (in the latter case this means the same flight by the Supplier.  The same applies to connecting flights that may be subject to crew changes.  When you reserve a charter flight involving a stop-over in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time for reaching the second airport.  The journey to the other airport is at your own expense.  ADVENTURE PASS will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.

12. Local Customs, Laws, and Travel Risks 

Travelers may be traveling to foreign countries, with different customs, standards, laws and risks than those Travelers are accustomed to. Traveler understands that they must be prepared to cope with the unexpected, with local customs and shortages, with the vagaries of weather, travel and humankind in general. As such, Traveler acknowledges and accepts the risks associated with travel in a foreign country and agrees to release and hold ADVENTURE PASS harmless for any such problems experienced while participating in their Trip. Although most travel to offered destinations is completed without incident, travel to certain areas may involve greater risk than others. You assume sole responsibility for your own safety at any destination traveled to.  ADVENTURE PASS does not guarantee your safety at any time, and assumes no responsibility for gathering and/or disseminating information for you relating to risks associated with your destinations.  BY OFFERING OR FACILITATING TRAVEL TO CERTAIN DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

13. Notices

Any notices required or permitted hereunder shall be given: 

i. If to ADVENTURE PASS, via email to:

info@adventurepass.co

Or in writing via certified mail, return receipt requested, addressed to:

Adventure Pass1204 California Ave. Apt. 7Santa Monica, CA, 90403 

ii. If to Traveler, at the email or physical address provided by Traveler during the booking process.

iii. Such notice shall be deemed given: upon personal delivery; if sent by electronic mail, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.

iii. Such notice shall be deemed given: upon personal delivery; if sent by electronic mail, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.

Adventure Pass SMS Program

Adventure Pass offers exclusive updates, promotions, and VIP access to luxury experiences, including yacht rentals, helicopter tours, and private charters. By opting in, you will receive updates on new offerings, limited-time deals, and personalized recommendations tailored to your interests.

You can cancel the SMS service at any time. Simply text “STOP” to the shortcode. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

If you experience issues with the messaging program, reply with the keyword “HELP” for more assistance, or reach out directly to reservations@adventurepass.co or call (844) 564-2756.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

For privacy-related inquiries, please refer to our privacy policy: https://www.adventurepass.co/privacy-policy

14.  Charter Yachts - Blue Pacific Yachting (“BPY”)

i. Maximum 12 Passangers

BPY charter boats are classified as UPVs and, in compliance with U.S. Coast Guard regulations, are limited to carrying no more than 12 passengers. This limitation ensures we adhere to safety standards and regulations designed to protect all on board. Please understand that this is a strict regulation and not negotiable.

ii. Charter Boat Selection

Due to unforeseen circumstances and possible maintenance or repair issues, we cannot guarantee that the boat you originally booked will be available for your charter. BPY will make every effort to offer you a similar alternative from their fleet at the time of your charter and will adjust the cost accordingly if needed.

iii. Pet Policy

Pets are not permitted aboard Blue Pacific Yachting vessels, except for documented service animals with prior approval from BPY. If pets are found onboard without authorization, you will be charged a minimum of $500 for damages and additional cleaning.

15. Trip Activities

Some of our Trips are physically active and interactive, so you must be in good physical condition and health to participate in them. Adventure Pass may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.  

Please be aware that some Trips will take you to remote areas and may bring you into close contact with wild animals and other hazards, natural and manmade. We cannot be held responsible in the unlikely event that an attack should take place or you encounter any other hazard.

YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADVENTURE PASS SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITY.

16. Proper Conduct Required During Trip

Travelers understand that their participation in a Trip may be terminated at any time during the Trip if Traveler is disciplined by any civil or criminal authorities, any of our Suppliers, or if Adventure Pass, in its sole discretion, determines that Traveler's conduct or behavior is incompatible with the interests, safety or welfare of other Travelers or our Service providers, their employees, or independent contractors. Should any member of the party fail to conduct themselves properly, then that person may be ordered to leave the Trip without recourse to any refund, compensation or any other legal claim against us. In the event of termination for conduct violations, Traveler is responsible for arranging and paying for their own substitute travel and accommodations, if necessary.

17. Legal Compliance Required During Trip

All Travelers must obey the local laws and regulations of the places they visit on their Trip, including their medicinal and/or recreational drug laws and restrictions regarding alcohol consumption. Adventure Pass is not liable or responsible for any damages, costs and/or added expenses incurred as a result of Traveler’s failure to obey any local laws.

18. Purchases made during Trip

Any purchase of goods or services which Traveler makes while on the Trip are solely at Traveler’s risk, including, without limitation, such problems as defects, failure to ship or damage to goods while in shipment, whether or not the purchase was made from a vendor recommended by a guide, other person rendering Trip services or any third party.

19. Medical Emergencies

Adventure Pass is not responsible for the costs of any medical treatment you may require during a Trip and assumes no liability regarding provision of medical care or lack thereof that you may receive while on the Trip. YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND ALL MEDICAL TREATMENTS AND EVACUATIONS YOU MAY REQUIRE OR RECEIVE DURING YOUR TRIP. Traveler releases Adventure Pass from any liability relating to any such medical care, whether secured by a Service provider on behalf of Traveler, or otherwise, and agrees to be responsible for any and all expenses incurred for said medical care.

20. Marketing Materials and Illustrative Photos

ADVENTURE PASS endeavors to illustrate the Travel Services it offers using photographs or illustrations that provide a realistic representation of the Services. However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. They are not contractual nor are they to be construed as guarantees of the conditions of the Travel Services pictured at the time of a scheduled Trip.

21. Limitation of Liability

IN NO EVENT SHALL ADVENTURE PASS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF ADVENTURE PASS HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL ADVENTURE PASS’ TOTAL AGGREGATE LIABILITY TO THE TRAVELER FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE TRAVELER TO ADVENTURE PASS UNDER THIS AGREEMENT.ADVENTURE PASS OFFERS VARIOUS TRAVEL SERVICES PROVIDED BY THIRD PARTY SUPPLIERS. ADVENTURE PASS RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY SUPPLIERS.  TO THE FULLEST EXTENT PERMITTED BY LAW, ADVENTURE PASS DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY SUPPLIERS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS.

22. Disclaimer of Warranties

The inclusion or offering of any Services by ADVENTURE PASS does not constitute any endorsement or recommendation of such products or services. UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY ADVENTURE PASS ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. Certain kinds of information, such as Hotel ratings, should be treated as broad guidelines.  ADVENTURE PASS does not guarantee the accuracy of this information.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ADVENTURE PASS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY/THROUGH ADVENTURE PASS. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

23. Indemnification and Release

You hereby release ADVENTURE PASS from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Services, participation in a Trip, including but not limited to, any interactions of any kind arising in connection with or as a result of this Agreement. This is a general release of all claims, whether known or unknown, suspected or unsuspected, and specifically waives the rights provided in California Civil Code Section 1542, which provides as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

i. Participant hereby also agrees to indemnify, defend and hold harmless ADVENTURE PASS from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys' fees) and expenses, arising out of any claim brought against ADVENTURE PASS regarding, resulting, or arising from Travelers’ participation in a Trip or booking of Travel Services, including but not limited to, your breach of this Agreement or your violation of any law or the rights of a third party;

24. Force Majeure

ADVENTURE PASS shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond ADVENTURE PASS’ reasonable control, including but not limited to: severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, political unrest, natural or nuclear disaster, epidemics, World Health Organization’s advisories and/or alerts, a National Weather Service small craft advisory, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power Services, terrorism or any other causes beyond the control of ADVENTURE PASS or deemed by ADVENTURE PASS to constitute a danger to the safety and well-being of Travelers. ADVENTURE PASS and our Suppliers reserve the right to cancel any Services due to Force Majeure. Any additional charges incurred arising from the postponement, delay or extension of a Trip due to Force Majeure will be the Traveler’s responsibility.

25. Disputes: Mandatory Binding Arbitration, Class Action Waiver

You and ADVENTURE PASS shall attempt in good faith to resolve any dispute concerning, relating, or referring to a Trip, Services sold by us, ADVENTURE PASS’ website, any literature or materials concerning ADVENTURE PASS, and these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, (hereinafter a “Dispute”) through preliminary negotiations. If the Dispute is not resolved through good faith negotiation, all Disputes shall be resolved exclusively by binding arbitration held in Santa Monica, California and presided over by one (1) arbiter. The arbitration shall be administered by JAMS or a similar ADR organization pursuant to JAMS Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration the other party is entitled to costs of suit including a reasonable attorney’s fee for having to compel arbitration. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy shall act as a waiver of the moving party’s right to compel arbitration of any dispute. YOU RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND ADVENTURE PASS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION.

26. Governing Law, Venue, and Jurisdiction

These Terms and Conditions and the relationship between you and ADVENTURE PASS will be governed by U.S. law, particularly the laws of the State of California, without regard to its conflict of law provisions. You and ADVENTURE PASS agree to submit to the personal jurisdiction of the federal courts in the Central District of California, and state courts located in Santa Monica, California, with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or any other Dispute related to these Booking Terms not covered by our Binding Arbitration clause. Traveler and ADVENTURE PASS agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute, shall be the federal courts in the Central District of California, and state courts located in Santa Monica, California, and to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court.

27. Attorney’s Fees, Costs, and Expenses of Suit

If any act of law or equity, including an action for declaratory relief, is brought to enforce, interpret or construe the provisions of this Agreement and/or the included Mandatory Binding Arbitration Agreement, the prevailing party shall be entitled to recover actual reasonable attorney’s fees, costs, and expenses.

28. Assignment

Traveler may not assign his rights or obligations hereunder without the prior written consent of ADVENTURE PASS.

29. Severability and Survivability

If any provision, or portion of a provision, in these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Traveler and ADVENTURE PASS agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision. 
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Notwithstanding any other provisions of these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.

30. Waiver

No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party's rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. ADVENTURE PASS does not guarantee it will take action against all breaches of this Agreement. No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.

31. Modification of Our Booking Terms

Our Booking Terms may be amended or modified by us at any time, without notice, on the understanding that such changes will not apply to Trips booked prior to the amendment or modification.  It is therefore essential that you consult and accept our Booking Terms at the time of making a booking, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you placed an order with ADVENTURE PASS or reviewed our Booking Terms.

32. Entire Agreement

This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions or agreements between the parties with respect to such subject matter.

Updated January 31, 2025