Terms and Conditions
You are electing to engage in Adventure Travel. This will be an excursion which will expose you to unique and remarkable scenery and experiences. By its nature, Adventure Travel is neither as “convenient” or “luxurious” as the usual tourist travel. It requires an enthusiastic desire on the part of the guest to engage in activities that require physical connection to the locale and a willingness to understand that flexibility is required to enjoy nature and the environment. We will do all we can to ensure an enjoyable and exciting trip.
Please read all of the terms and conditions in this document. Upon making a deposit to Paddling South LLC towards a trip or demonstrating acceptance of these terms by clicking on the acceptance box below, this shall become a binding agreement between you and Paddling South.
Any payment or deposit made to Paddling South towards a trip shall constitute an agreement by the guest on behalf of themselves and all other persons named on their booking, that you, the guest, acknowledge that you have read, understand and agree to be bound by all these terms and conditions. If a guest makes a booking and payment on behalf of other guests, you represent that you have the authority to accept these terms and conditions on behalf of the other guests in your party and that they are equally bound.
We strongly recommend that you protect your trip through the purchase of a travel insurance policy, covering baggage loss, and accident and trip cancellation. Paddling South accepts no responsibility for lost, damaged or delayed property or events beyond its.
Trip cancellation insurance can reimburse you for any non-refundable air and land expenses should you have to cancel your space due to illness, injury, or a covered circumstance that precludes you from being able to travel. It may also cover any emergency evacuation expenses should you become ill during the trip. Paddling South has an unblemished safety record. Although every effort is made to ensure a safe trip, you should realize that in the event of illness or injury, evacuation can be expensive. Please check your medical coverage and be sure it is adequate.
Note: We suggest purchasing your travel insurance at the time you make your air and lodging reservations, but in no case later than the date of your final trip payment. Purchasing travel insurance before your final payment will often provide you with a ‘waiver’ of pre-existing conditions. Insurance acquired after final payment will typically not provide protection for pre-existing conditions. For Cancel for Any Reason Insurance the policy MUST BE PURCHASED WITHIN 14 days of the initial deposit. Be sure to review the policy purchased since its terms will govern your coverage. Any past experience of refunds from Paddling South, airlines, cruise lines, yachts, hotels or other travel providers should not be the determining factor when making a decision to insure the cost of the Trip with Travel Protection which is offered and recommended to each guest.
DEPOSIT AND PAYMENT SCHEDULE
Your Baja trip is reserved with a non-refundable 20% deposit per person. Balance of payment is due 60 days prior to your departure date, after which the cancellation policy below applies. Your balance due will be automatically charged to the credit card on file that was used to make your deposit. If you prefer to pay by check, or need any payment accommodations, please be sure to inform us in writing prior to this 60-day deadline. Payments received are nonrefundable unless SeaTrek is required to cancel or fails to perform entirely for reasons unconnected to the Guest or third-party vendors. If SeaTrek cancels for reasons unconnected to Guest or third-party vendors, Guest may reschedule or receive a full refund.
CANCELLATION TERMS AND CONDITIONS
Mandated Restrictions and Entry Requirements:
If a Guest is unable to enter a country or state in which their trip is taking place due to required vaccines, mandates or quarantine requirements, governmental regulations, or any changes in these requirements from the time of deposit to the date of departure these restrictions will allow Paddling South to cancel the attendance by the Guest. If the trip is cancelled due to local events beyond the control of Guest, a full refund will be issued. We are constantly evaluating and updating our overall Covid policies. As conditions change, we retain the prerequisite of asking guests to take and submit to us a Negative Pre-Departure Covid-19 test result or documentation of recent recovery from Covid-19.
Except as described specifically in the Terms and Conditions, all trip payments are non-refundable.
All cancellations must be made in writing via email, or mail.
If a guest declines Travel Protection, the guest will personally assume complete responsibility for any financial loss associated with travel arrangements and could lose the travel investment and/or put themselves in a position of covering the costs associated with remedying the situation.
MINIMUM PHYSICAL REQUIREMENTS FOR GUESTS
We have guests of all ages on our trips, and we find that those guests in good physical condition, regardless of age, are in the best position to enjoy themselves. Our trips are not designed to be physically intense, but most people find that after a day of kayaking or stand-up paddling, hiking, snorkeling and camping, they are pleasantly tired!
Here are some guidelines for minimum physical requirements in order to enjoy your trip. If you feel comfortable with the following types of activities, you are in a perfect position to enjoy your trip. If you do not feel you can accomplish the activities below without undue strain, do not sign up until we have had a chance to speak with you. If you have special physical needs, please immediately contact us. Be sure to remember to bring any medications you may need. If you have any questions or concerns, please call our office and we can talk through them with you. We reserve the right to decline any guest who we feel would not be able to engage in the physical requirements of the trip.
Paddle for 1 – 3 hours a day (with breaks).
Enjoy a camping lifestyle which includes getting in and out of camp chairs and tents, squatting down for a wide variety of activities, walking up and down rocky slopes or sandy dunes to your tent, and possibly a bit of “rock hopping” through the intertidal zone.
Getting in/out/off of your kayak or paddleboard and helping to carry your craft up the beach and in general those physical efforts required for a camping trip except for the long hikes.
INCLUDED IN YOUR TRIP
Experienced local guides: For the duration of your trip with Paddling South, you’ll be in the care of our expert team of guides and instructors who have extensive experience with the area.
High-quality camping and boating gear: We provide comfortable and effective essential gear for both on and off the water.
Delicious and healthy meals: Prepared for you with local ingredients for the duration of your trip.
Safe and fun Kayaking and Stand-Up Paddle adventure: Our guides are trained in wilderness first aid and know how to keep you safe while on the trip.
NOT INCLUDED IN YOUR TRIP
Air Transportation: Air transportation is not included unless otherwise noted.
Arrival Airport Transfers: Airport transfers at the beginning and end of your tour are not covered in your tour cost. The town of Loreto is a very short ride from the airport, and there is fast sanitized professional taxi transportation available just as you leave customs and enter into the airport lobby. The official taxi drivers will be in yellow shirts, and the pricing is set and reasonable.
Making Your Own Flight or Extension Arrangements: Details of flight arrangements and pre Trip extensions made independently by guests must conform to the travel parameters specified for the Trip and given to Paddling South no later than 45 days prior to departure to qualify for transfers.
Personal Expenses: Personal expenses such as phone calls, WiFi fees, use of fitness center, room service, alcoholic and bar beverages (except where indicated in the itinerary), mineral water, soft drinks, laundry, airline service fees, excess baggage fees, and other optional incidental extras are not included in the Trip cost.
Gratuities: If you would like to express your appreciation for your guides through a gratuity, please know that such recognition will be enthusiastically received. As a guideline the industry standard is approximately 12-20 percent of the trip cost. All tips will be collected by your trip leader and equally dispersed amongst your guides at the end of your trip. Tips for services, besides guide services, that are included within the context of your trip, and paid for by Paddling South, are already covered by Paddling South. This would include such things like a boat driver on a whale watching trip, driver’s tips for “in trip” transportation, etc.
Please note: at the trip’s end there is no immediate access to ATMs or banks so please plan ahead in terms of any cash needed.
ADDITIONAL TERMS AND CONDITIONS
Right to Decline by Paddling South: Paddling South reserves the right to decline or not to retain any guest as a member of any Trip or to change or withdraw a Trip as circumstances demand.
Identity and Responsibility: Paddling South is a California Limited Liability Company and acts only as an agent for the guest with respect to transportation, accommodations and other services offered on the Trip. Paddling South (its Owners, Outfitters, Agents and Employees), subsidiaries, and assigns, and their respective employees, affiliates, officers, directors, successors, representatives, and agents will not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any third party or Other Provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by natural disasters, acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The participant waives any claim against Paddling South for any such loss, damage, injury, or death.
Itinerary Changes and Flexibility: Paddling South commits to best efforts to operate each itinerary as published. However, this is adventure travel, and it must be understood that conditions in the locale may require some alterations based on local events, weather, and population. Guests should be flexible as situations may arise that necessitate changes or exceptions to the itinerary. Paddling South reserves the right to alter or curtail the itinerary and substitute hotels, sightseeing and/or conveyances as it is deemed necessary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, well-being, or safety of the guests.
While we seek to have the accommodations and travel arrangements conform as close as reasonably possible to the description in our materials, you understand that adventure travel is, by nature, incapable of being subject to precise schedules and that room or transport changes may be required by events beyond our control. If you determine that accommodations or the travel arranged is substandard that they are not as represented, you should immediately notify us in writing so that attempts can be made to resolve the problem. Guest understands that if guest continues on the tour, guest cannot later claim a refund. Utilization of the services or accommodations provided shall act as a waiver of any claim against us for reimbursement.
Complaint Procedure and Arbitration of all Disputes: If a guest has any complaint regarding any Trip or otherwise alleges a breach by Paddling South of the terms and conditions of this Agreement (collectively, a “Complaint”), as a condition precedent to taking any action of any nature, including, without limitation, processing a credit card payment challenge, the guest must first describe in writing the circumstances leading to the Complaint and deliver same to Paddling South. Within a reasonable time of receipt of a Complaint but no greater than thirty (30) days, Paddling South will review and provide a response to the guest (a “Complaint Response”). Without limiting the foregoing, only upon completion of a written Complaint and issuance of a Complaint Response may the guest dispute any credit card charge or commence any action.
ARBITRATION FOR CLAIMS EXCEEDING $5,000.00
Any and all disputes relating to this Agreement or its breach, or the trip described herein, in which the amount in controversy exceeds five thousand ($5,000.00) Dollars shall be settled by arbitration in San Francisco, California in accordance with the then current rules of the American Arbitration Association, and judgement upon the award entered by the arbitrator may be entered in any Court having jurisdiction hereof. Costs of arbitration, including reasonable attorney’s fees incurred in arbitration as determined by the arbitrator, together with any reasonable attorney’s fees incurred by prevailing party in Court enforcement of the arbitration award after it is rendered by the arbitrator, shall be paid to the prevailing party by the party designated by the arbitrator or Court. The arbitrator is directed to strictly apply the law of the State of California. THE PARTIES UNDERSTAND THAT THIS WAIVES THE RIGHT TO A JURY TRIAL AS TO ANY DISPUTE BETWEEN THEM. Any dispute below the amount of five thousand dollars shall be brough to Small Claims Court in San Francisco, California.
Cancellation by the Guest: Paddling South must receive a cancellation notice in writing by email, or overnight courier, and the cancellation date will be the date on which Paddling South receives the notice. If a flight or other delay for any reason prevents a guest from joining the Trip on the scheduled departure date and time, the guest will be considered a no-show, and Paddling South will not provide a full or partial refund or credit toward a future Trip, but the guest may join the Trip late if practical.
Cancellation by Failure to Complete Payment: If a payment is not made by the specified deadline, Paddling South reserves the right to cancel a guest’s participation, retaining the deposit already made.
Passports/Visas and Immunization Requirements: Guests are responsible for obtaining any documents required for their participation on a Trip such as a valid passport, all applicable visas, vaccination and potential immunity certificates, and any other documents, unless otherwise appointed in the itinerary. Failure to obtain documents does not negate the Terms and Conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the guest’s responsibility, including full cancellation of Guest’s trip.
IN NO EVENT WILL Paddling South BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF GUEST HAS NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Paddling South GRANTS NO WARRANTIES, EITHER EXPRESS OR IMPLIED HEREIN, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND GUEST WAIVES ALL CLAIMS FOR DAMAGES INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL DAMAGES OCCURRING OUT OF OR IN CONNECTION WITH TRAVEL DESCRIBED HEREIN.
Guest expressly WAIVES all provisions and terms contained in any of Guest’s communications or correspondence which seek to negate, limit, extend or conflict with provisions herein and agrees that this Agreement constitutes the entire contract between Parties except as expressly negated, limited or extended by Paddling South IN WRITING and signed by an officer of Paddling South.
VALIDITY: JANUARY 1, 2022 TO DECEMBER 31, 2023