OVERVIEW
These Terms and Conditions apply to any tours booked with NorCal Tour Company, a day-tour and adventure travel company based in the San Francisco Bay Area. These Terms & Conditions govern the contractual relationship between NorCal Tour Company, Inc. and yourself. Please read these Terms and Conditions carefully as by booking any tour with NorCal Tour Company you acknowledge that you have read and understood these Terms and Conditions and you accept and agree to be bound by these Terms and Conditions. If you have confirmed booking on any tours with more than one client named and booked on such a booking, you shall be deemed to have accepted these Terms and Conditions on behalf of all clients named in the booking and therefore all clients in that group indicate their acceptance and agreement to these Terms and Conditions. The client who confirmed the booking is considered to be the selected contact person for all other clients named in that booking.
1. FULL PURCHASE AND THIRD PARTY CHARGES AT BOOKING
Upon booking a tour with NorCal Tour Company, full payment is required to secure the tour and begin the necessary booking processes and ground preparations.
NorCal Tour Company is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the client as a result of credit card or other payment transactions in connection with the purchase of a tour and will not refund or return any fees charged by such third parties in connection with payments made by clients to NorCal Tour Company.
2. BOOKING AGREEMENT
A booking is confirmed and these Terms and Conditions shall apply when NorCal Tour Company have received the applicable purchase payment from the client and the client has received written confirmation from NorCal Tour Company of such booking. The client confirming the booking must be 21 years of age and above and agrees to provide full, complete and accurate information as requested by NorCal Tour Company to confirm the booking. Any client confirming a booking on any tours with more than one client named and booked on such booking represents and warrants to NorCal Tour Company that:
i) They have all requisite consents and authority to make such a booking on behalf of all other clients named on the booking, and have communicated all necessary information to the other clients in order for them to give free and fully informed authorization to do so.
ii) The information that they have provided regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with NorCal Tour Company for the purposes of completing the booking.
3. CANCELLATION POLICY
A client may cancel their booking by notifying NorCal Tour Company. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel is received by NorCal Tour Company and are expressed hereinafter as a percentage of the total price paid for the canceled tour.
(a) Cancellation received 35 days or more before the tour starts: No Cancellation Fees will be charged
(b) Cancellation received 3 – 34 days before the tour starts: 30% Cancellation Fee will be charged
(c) Cancellation received within 48hrs before the tours starts: 100% Cancellation Fee will be charged
(d) Tailor-made tours may be subject to alternative cancellation terms, which will be communicated to applicable clients at the time of booking.
4. MEDICAL CONDITIONS AND COVID-19
All clients are obligated to truthfully provide requested relevant medical information to NorCal Tour Company upon booking their tour. Clients are responsible for assessing their own suitability and capability to participate in a tour with us. All clients should consult their physician regarding their fitness for taking part in the booked tour. NorCal Tour Company recommends all clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the client’s travel with NorCal Tour Company. NorCal Tour Company does not provide medical advice.
Adventure tours provided by NorCal Tour Company involve visiting remote forest regions of Northern California, where medical facilities may not be readily accessible. NorCal Tour Company makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions.
Additionally, with the new presence of COVID-19, we make every attempt to keep our guests, guides, and farm workers safe. To that end, we request all our guests and guides to wear masks and keep a distance from each other of at least 6 feet or 2 meters. All guests must agree to comply with our safety guidelines. Refusal to comply with safety guidelines may result in tour cancellation and forfeiture of ticket fees. NorCal Tour Company reserves the right to refuse service to anyone who refuses to follow safety guidelines.
Guests understand and accept that these safety measures are not a guarantee and that they will not hold NorCal Tour Company Incorporated, their guides, farmworkers, or other tour providers liable for any possible exposure to COVID-19.
5. SELF DRIVEN TRANSPORTATION DISCLAIMER
All guests who agree to transport themselves on any self-driven tour agree to assume full responsibility and liability for their own persons, vehicle and their passengers. NorCal Tour Company is not liable for guest’s vehicles, insurance requirements or any other financial liability.
Please do NOT become inebriated and drive. If you need transportation, use a designated driver or a taxi service. And please be careful when crossing the street after imbibing. NorCal Tour Company Inc. does not advocate or encourage the abuse of any cannabis or alcoholic beverages. Please consume responsibly and with moderation.
We do not, under any circumstances, accept responsibility for any damages that result to our guests or anyone else due to the voluntary consumption of any cannabis or alcoholic beverages through participation in the tour. We cannot take any responsibility for the effect these substances may have on individual persons.
6. SPECIAL REQUIREMENTS
NorCal Tour Company will strive to accommodate the special requests of clients, including (without limitation) dietary and accommodation requests, but such requests do not form part of these Terms and Conditions or the contract between the client and NorCal Tour Company and NorCal Tour Company is not liable for any failure to accommodate or fulfill such requests.
7. CANCELLATION OF A TOUR BY NORCAL TOUR COMPANY
If a tour is cancelled by NorCal Tour Company before the agreed date of departure for reasons not arising from Force Majeure or the fault or negligence of or within the reasonable control of the client, the client shall have the choice of:
accepting from NorCal Tour Company a substitute tour product of equivalent value, where such substitute is reasonably available; or
accepting from NorCal Tour Company a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from NorCal Tour Company the difference in price between the price of the tour originally purchased and that of the substitute tour; or
accepting from NorCal Tour Company a full refund of all monies paid for the canceled tour.
NorCal Tour Company is not responsible for any incidental expenses or consequential losses that the client may have incurred as a result of the canceled booking such as visas, vaccinations, non-refundable flights or rail, nonrefundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. NorCal Tour Company reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where after departure a significant element of the tours as described cannot be provided, NorCal Tour Company will make suitable alternative arrangements for the continuation of the tours. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, NorCal Tour Company will provide the client a refund of unused tour products or tour product portions.
8. CANCELLATION OF A TOUR BY THE CLIENT
NorCal Tour Company accepts no responsibility for passengers failing to be at designated pick up points at designated times. No refund is provided for passengers who miss our tours. If the client is prevented through reasons completely beyond such client’s control from proceeding with a tour as booked, the client may, if possible, transfer his/her tour booking to a person who satisfies all the conditions applicable to the tour. Where such a transfer is made, the transferring client and the transferee client shall be jointly and severally liable to NorCal Tour Company for payment of the price of the tour (or, if part of the price has been paid, for payment of the balance) and for any additional costs arising from such transfer. For private tours, NorCal Tour Company can also reserve the tour for a client should they decide to postpone the tour to a later date. The client however will be responsible for paying cancellation fees as per the cancellation policy and also for any unforeseen extra costs which arise until the client does the tour at a later date (i.e – accommodation costs, transportation costs, fuel costs, dues, taxes or fees chargeable for services such as third party supplier costs, currency and exchange fluctuations, park fees, increases in taxes, or government action which impacts the price of the applicable tours).
9. CANCELLATIONS AND CHANGES
The client acknowledges by booking a tour with NorCal Tour Company that the nature of travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the tour and/or itinerary by NorCal Tour Company. The client acknowledges their understanding that the route, schedules, timings, accommodations, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the tour will be operated, flight cancellations, strikes, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of NorCal Tour Company and that NorCal Tour Company is not liable to any client for such changes or amendments.
NorCal Tour Company shall not be liable to pay any discounts or refunds for missed or unused services which were missed or unused by the client due to no fault of NorCal Tour Company, its suppliers, or representatives, which shall include any termination of the client’s participation in the tour due to the client’s own fault, negligence or breach of these Terms and Conditions.
Although NorCal Tour Company will strive to ensure that the tour you have booked goes as planned, we do not guarantee that we will abide by the agreed tour itinerary and we therefore reserve the right to amend the tour itinerary where doing so may be necessary or advantageous. We will strive to notify you of any changes prior to the tour departure. However, NorCal Tour Company is not obligated to do so, nor shall be liable to pay any refunds that may be claimed to result from such changes. NorCal Tour Company is not in control of the management of the accommodation providers we use on our tours. Therefore, in some circumstances, we may be notified by our accommodation providers that our reserved accommodation is no longer available, due to reasons that are beyond our control, and not the fault or negligence of NorCal Tour Company. In such circumstances, we will provide alternative accommodation of at least the same standard or higher standard.
Where it may be absolutely necessary to amend the tour itinerary during the tour, the tour guide will arrange the best available alternative. The decision to do so will rest on the tour guide and his/her decision is final.
10. COMPLAINTS
Client agrees to bring any complaints regarding a tour to NorCal Tour Company as soon as possible in order to provide NorCal Tour Company with the opportunity to address such complaints properly. Client agrees to inform the tour guide or other designated NorCal Tour Company representative at the earliest opportunity. NorCal Tour Company assumes no liability for complaints that are not properly brought to the attention of NorCal Tour Company with sufficient notice for NorCal Tour Company to resolve or attempt to resolve any client complaints. Any complaint made after the completion of a tour must be received in writing by NorCal Tour Company within 30 days of the end of the tour in question.
11. THIRD-PARTY SUPPLIERS
NorCal Tour Company makes arrangements with accommodation providers, dispensaries, cannabis farms, wineries, activity providers, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with the travel services and other services you purchase or which form the component parts of your product Tour. Third Party Suppliers may also engage the services of local operators and/or subcontractors for the provision of travel services that form part of the tour(s). Although NorCal Tour Company takes all reasonable care in selecting Third Party Suppliers, NorCal Tour Company is unable to control Third Party Suppliers and does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The travel services and other services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international and local conventions and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. Client acknowledges that Third Party Suppliers operate in compliance with the applicable laws of California and NorCal Tour Company does not warrant that any Third Party Supplier is in compliance with the laws of the client’s country of residence, or any other jurisdiction.
To the fullest extent permissible by law, NorCal Tour Company is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than NorCal Tour Company and its employees. For clarity, neither NorCal Tour Company nor any carrier is liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
12. LIABILITY
NorCal Tour Company is not responsible for your health, welfare or safety any time you are outside of the tour vehicle. NorCal Tour Company is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the tours, or a force majeure event.
NorCal Tour Company shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. NorCal Tour Company cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by NorCal Tour Company such as hotels, dispensaries, cannabis farms, wineries, vessels, expedition vehicles, or any other mode of transportation.
In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of NorCal Tour Company or of the third-party suppliers of any services which form part of the Contract then NorCal Tour Company limits its liability, where applicable by all applicable International and local Conventions.
13. FORCE MAJEURE
NorCal Tour Company shall not be liable in any way to the client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for NorCal Tour Company failure to commence, perform and/ or complete any duty owed to the client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of NorCal Tour Company; or an event which NorCal Tour Company or the supplier of services, even with all due care, could not foresee.
14. IMAGES AND MARKETING
The client agrees that while participating in any NorCal Tour Company tour, images, photos or videos may be taken by other clients and/or NorCal Tour Company representatives or Guides that may contain or feature the client in part or in whole. The client acknowledges that they consent to any such images, photos and videos being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to NorCal Tour Company, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the client or compensation payable to the client.
15. CONDUCT
For the benefit of everyone, NorCal Tour Company reserves the right to accept or reject any tour passenger and to remove any passenger whose conduct is deemed incompatible with the interests of other passengers, the public, suppliers or staff. Passengers assume the responsibility of consuming cannabis and alcohol products responsibly. NorCal Tour Company shall not be held responsible to refund or cover any cost or expenses incurred for termination of tour arrangements due to unacceptable behavior.
16. AMENDMENTS
NorCal Tour Company reserves the right to update and/or alter these Terms and Conditions at any time, and shall post the amended Terms and Conditions on the NorCal Tour Company Website. Any such amendment shall take effect 10 days following their posting to the Website. The latest Terms, as amended, may be accessed any time on the NorCal Tour Company website, or will be sent to clients upon their written request to NorCal Tour Company. Clients shall be deemed to have accepted any amendments to these Terms and Conditions on the date that is 10 days after their posting on the NorCal Tour Company website. NorCal Tour Company recommends that all clients refer to the Terms and Conditions prior to their travel to familiarize themselves with the most up-to-date version of the Terms and Conditions.