The Clymb Additional Adventures Terms of Service
Last updated: August 27, 2012
PLEASE READ CAREFULLY. The Adventures Terms of Service ("Adventures Terms") is a legal agreement between you and The Clymb ("we," "us," or "our") that governs your membership and interaction on TheClymb.com and other The Clymb services (collectively, the "Site") and your purchases and use of products and services made available through the Site. By using the Site, you signify that you have read, understand and agree to be bound by all of these Adventures Terms. We have the right to change the Adventures Terms at any time without notice, effective upon its posting to our Site. Your continued use of the Site shall be considered your acceptance to the revised Adventures Terms.
The Clymb Adventures.
The Clymb Adventures provides a platform that allows you to make purchases from various service providers ("Service Providers"). Even if an activity is branded as provided by The Clymb, we use Service Providers to provide and operate such activity and you are still subject to all terms in these Adventures Terms related to Service Providers. The Clymb is not an agent of either you or the Service Providers. You understand and agree that we are not responsible for the products and services you purchase from the Service Providers. The Service Providers, and not The Clymb, provide those products, services and/or activities and are solely responsible for all issues, warranties, injuries, illnesses, damages, claims, liabilities and costs related to those purchases, services and/or activities. You authorize us to share with Service Providers the information regarding you and your purchases necessary to process your orders. You may not combine your membership or bookings with another person's booking to create one reservation. You may not sell, auction or transfer your reservations to a third party.
Service Provider Terms.
Service Providers may require you to agree to additional terms and conditions in connection with the products and services you purchase from them. Please read all additional terms and conditions carefully. You agree to abide by all additional terms and restrictions, including without limitation, availability, age and occupancy requirements, pet policies, policies on children, fares and other restrictions. You agree that any violation of any such terms and/or restrictions may result in cancellation of your reservation, forfeiture of costs and expenses in connection with your reservation, and being charged by The Clymb for any costs we incur as a result of such violation.
Orders and Payment.
All purchases and reservations made through the Site must be prepaid in full. You also agree to pay us all such other fees, costs, expenses and charges in connection with your purchase. All orders placed through the Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. This may occur when the booking is no longer available or has been mispriced, when we suspect fraud, and in other circumstances we deem necessary in our sole discretion. If your credit card has already been charged for an order that we later cancel not due to your violation of these Adventures Terms, we will issue you a refund.
It"s possible that your booking may be available when you place an order, but becomes unavailable prior to the date of the activity. If this occurs, your sole remedy is to contact The Clymb or the Service Provider to make alternative arrangements or to cancel your reservation.
We attempt to provide accurate descriptions of the products and services available on our Site. However, we do not warrant that the descriptions are accurate, complete, reliable, current or error-free.
We pre-negotiate rates with Service Providers. In order to facilitate the purchases on your behalf, we retain service fees, which vary according to each reservation. The rates displayed on the Site reflect the pre-negotiated rates and include our service fees. We do not guarantee that we offer the best available rates for the products and services available on the Site. While we try to provide accurate pricing information, we cannot insure against pricing errors or changes. Therefore, we reserve the right, in our sole discretion, to cancel or not process any booking placed on the Site if the price was incorrectly provided as a result of an error, modified by the Service Provider and other reasons. In such instances, we will notify you by email and correct the price on the Site. Sometimes, additional charges will apply to your book (extra travelers, fees, taxes, incidentals, etc) that you do not pay at the time of checkout. You will be responsible for paying all such charges directly to the Service Provider.
Cancellations and Changes to Reservations.
Generally, we do not accept cancellations or changes to Adventures reservations and purchases made on the Site. However, if you have any issues with your order, please contact our support team at email@example.com or 888-640-1528 and we will work to review and resolve the issue in the way we deem most appropriate, subject to our sole discretion. We may accept returns and/or issue refunds for certain products and services on a case-by-case basis. Certain purchases and reservations available on the Site may have other specific rules and restrictions regarding cancellation and changes, subject to the discretion of the Service Provider or us. You may be charged a cancellation or change fee and you agree to pay any such cancellation or change fee you incur.
Taxes, Fees and Incidentals.
Taxes charged in connection with your purchases depend on the type and location of the purchase and/or Service Provider, rules governing Service Providers and other factors. Service Providers may also charge service fees. Before confirming your purchase, you are able to review all such additional taxes and fees. The purchases made on the Site do not include incidental expenses, except as specifically described in your itinerary, and you are liable for all such incidental expenses that you incur during, or in anticipation of, your purchased product and/or service.
We recommend that you obtain independent travel and other insurance to adequately cover you for medical expenses, accidents, property loss, and curtailment or cancellation of your trip. Such insurance is not included with your purchase on the Site.
Risks and Indemnity.
You acknowledge and agree that participation in activities, such as adventure travel, involves inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage. You agree that you have considered the nature and extent of the risks involved and voluntarily choose to assume all such risks, both known and unknown, even those risks that result from the negligence of others and assume full responsibility for your participation in such activities.
You agree to indemnify, defend and hold harmless The Clymb, its affiliates, officers, directors, employees, agents, services providers and licensors from and against all losses, liabilities, costs (including without limitation attorneys' fees and costs on appeal or at trial), damages, judgments, claims, of every kind and nature, to the fullest extent permitted by law, arising from or relating in any way to (i) your use of the Site, (ii) the products and services purchased through the Site, (iii) any liabilities, claims, damages and injuries arising from or related to any act or omission of a Service Provider or another third party, (iv) your conduct in connection with the Site, or (v) your violation of these Adventures Terms, the Terms of Service, any law or the rights of any third party.