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Terms & Conditions

The acceptance of your Booking Form (either by completing your reservation online or signing and returning an Acknowledgement Form for reservations made by telephone) along with your deposit by Country Walkers, Inc. (hereinafter with its affiliates, owners, officers, agents and employees collectively referred to as "Country Walkers" or "CW") creates a contractual relationship between CW and you, the customer/participant in the travel package by CW. Please read the following information carefully. After reading the terms and conditions of your tour (the “Terms and Conditions”), in order for your tour reservation to be completed, you must indicate your acceptance of the Terms and Conditions by checking the appropriate box on your Booking Form for online reservations, or, for reservations made by telephone, by signing and returning the Acknowledgment Form mailed to you by Country Walkers.

LIMITATION OF LIABILITY
CW purchases transportation, hotel accommodations, restaurant services and other services from various independent suppliers that are not subject to its control. Neither CW, its affiliates, owners, officers, agents, employees, nor any associate organization shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to: (a) by the act, neglect or default of CW, or of any persons for whose acts it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers. In issuing tickets for transportation of the purchaser by any means and making arrangements for hotel or other accommodation, CW is not acting as principal but only as agent for the companies, corporations or persons providing or offering the means of transportation and accommodation. You further understand that CW neither owns not operates such third party suppliers and accordingly, agree to seek remedies directly and only against those suppliers and not hold CW responsible for their acts or omissions. In no event will CW be responsible for incidental, consequential or special damage or loss suffered by any person. CW’s maximum liability, for any reason whatsoever, will be limited to the amount paid to CW for its services. Without limitation, CW is not responsible for any negligent or willful acts of God or force majeure, weather emergencies, breakdown, or failure of diving or mechanical equipment, government actions, inclement weather, sickness, attacks by animals, availability of medical care or the adequacy of the same, criminal activity of any kind, terrorism, war, civil disturbance, sanitary conditions, quality or sanitation of food, quarantine, customs, regulations, epidemics, strikes, hotel overbooking, safety and/or security standards at hotels or other accommodations, or for any other reason beyond the control of CW You understand, agree with, and agree to be legally bound by the terms of the release and waiver of liability set forth herein.

HEADWATER SELF-GUIDED WALKING AND BIKING TOURS
CW acts only as the sales agent for the Self-Guided Walking and Biking Tours available on this website or in the CW brochure (the "Self-Guided Tours"). These Self-Guided Tours are operated by Headwater Holidays Limited ("Headwater"). CW accepts bookings for the Self-Guided Tours on behalf of Headwater and the customer on the condition that neither CW nor its affiliates, owners, officers, agents, employees, nor any associate organization shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to: (a) by the act, neglect or default of CW, or of any persons for whose acts it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel, automotive vehicle, bicycle or other equipment or instrumentality under the control of independent suppliers, including, but not limited to Headwater.

ARBITRATION
Any controversy or claim arising out of or relating to these Terms and Conditions or the performance there under, including without limitation any claim related to bodily injury, property damage or death, shall be settled by binding arbitration in the State of Delaware, USA in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. This agreement to arbitrate does not waive or modify the liability release contained in this document. Such proceedings will be governed by substantive Delaware law. The dispute will be resolved by a single arbitrator who must be a lawyer admitted to practice in the courts of at least one state in the United States and have a minimum of fifteen years of experience in civil litigation. The arbitrator so described will be selected by the American Arbitration Association. Each party to the dispute shall have the right on a single occasion to veto the designation of an arbitrator so selected. There will be judicial review of the arbitrator’s decision if either side can show plain error in the application of law or be able to show an abuse of discretion with respect to factual findings. The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth herein.

EXCLUSIVE GOVERNING LAW AND JURISDICTION
These Terms and Conditions and any actions and proceeding brought hereunder shall be governed by the laws of the State of Delaware without regard to conflict of laws principles. If the right to seek arbitration is for any reason waived by both parties, or if judicial review of any arbitration decision is sought, any action or legal proceeding to enforce any provision hereof, or based on any right arising out of, these Terms and Conditions shall be exclusively in the courts of the State of Delaware, or if it has or can acquire jurisdiction, in the United States District Court for the District of Delaware, and all of the parties hereto hereby consent to the exclusive jurisdiction of such courts and of the appropriate appellate courts in any such action or legal proceeding and waive any objection to venue or jurisdiction in connection therewith.

WAIVER OF JURY TRIAL
In connection with any action or legal proceeding arising out of this agreement, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.

SEVARABILITY
The invalidity or unenforceability of any part of these Terms and Conditions, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of these Terms and Conditions, or its application to other situations or circumstances. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

WAIVER
Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the Terms and Conditions shall not constitute a waiver of any such Terms and Conditions and shall not affect or impair such terms and conditions in any way or the right of such party at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.

EXCLUSIVITY
Except as otherwise expressly provided to the contrary, the rights herein granted and these Terms and Conditions are for the benefit of the parties hereto. The Terms and Conditions shall be exclusive of any advertising, marketing or other sales literature or activities of CW and nothing contained in any of such materials shall be construed to create any rights as a result of or in connection with these Terms and Conditions.

ACKNOWLEDGMENT OF RISK
You understand and acknowledge that your travel in connection with and participation in the tour arranged at your request by CW may involve risk and potential exposure to injury. You also realize and acknowledge that risk and dangers may be caused by the negligence of the owners, directors, employees, contractors, subcontractors, officers or agents of CW or the negligence or participation of other participants, contractors and/or subcontractors to CW. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during your journey.

EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY/PARTICIPATION
In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of participating in the activity, that you are willingly and knowingly electing to participate in this tour in spite of the potential risk of danger, and you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by you or caused by you, whether caused in whole or in part by the negligence of the owners, directors, agents, officers, employees, or contractors of CW. You understand and acknowledge that reserves the right to accept or reject any participant for any reason, and CW or its guide has the right to disqualify you from any trip activity, if in CW's or such guide's judgment, you are incapable of that activity and/or your continued participation in the tour will endanger yourself or the safety of the group. It is your responsibility and obligation to inform CW, at the time your reservation is made, of any medical or physical disability or limitation that might disable you or render you unable to perform or safely complete the tour or any activity on the tour. You further acknowledge that you are the best judge of your own conditions and limitations and that it is incumbent upon you to fully disclose the full extent of any such conditions or limitations to CW.

RELEASE OF LIABILITY
In consideration of the services and arrangements provided by CW, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify CW, and its owners, officers, directors, employees and affiliates from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the scheduled travel package and any activities conducted in conjunction therewith. YOU SPECIFICALLY UNDERSTAND AND AGREE THAT YOU ARE RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT YOU MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES OF CW.

EXPRESS WAIVER OF CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
Regardless of the situation or circumstances giving rise to a claim, you waive any right to seek consequential, punitive or exemplary damages against CW its owners, officers, directors, agents, contractors and employees, for any reason whatsoever.

USE OF LIKENESS
You understand and consent that CW may use any likeness taken of you and any of your comments while on your tour for future publicity and promotional material.

CONSUMER PROTECTION/SELLER OF TRAVEL
Country Walkers is a registered brand of the United States Tour Operators Association and is fully covered by its Consumer Protection Plan. As a registered brand of the USTOA, Country Walkers is required to post $1 Million with the USTOA. This amount is to be used to reimburse, in accordance with the terms and conditions of the USTOA Travelers Assistance Program, the advance payments of Country Walkers’ customers in the unlikely event of Country Walkers' bankruptcy, insolvency or cessation of business. Complete details of the USTOA Travelers Assistance Program and a list of affiliates may be obtained by writing to USTOA at 275 Madison Avenue, Suite 2014, New York, New York 10016, or by email to information@ustoa.com or by visiting its website at www.ustoa.com.

IMPORTANT - PLEASE READ:
Your purchase is subject to your acceptance of these Terms & Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS YOU WILL NOT BE ABLE TO PARTICIPATE IN YOUR TOUR.

For reservations made online: By checking the "I have read and agreed to the Terms and Conditions presented by Country Walkers" in the Billing Information Section of your Booking Form, you acknowledge that you have received, agreed to and read the Terms and Conditions and your Booking Form will constitute acceptance of the Terms and Conditions. Upon receipt of your completed Booking Form and your acceptance of these Terms and Conditions by Country Walkers, a copy of the Terms and Conditions will be sent to you along with the confirmation package for your tour.

For reservations made via telephone: Upon receipt of your deposit by Country Walkers, a copy of the Terms and Conditions and an Acknowledgment Form will be sent to you along with the confirmation package for your tour. You must sign and return the Acknowledgment Form to Country Walkers prior to the commencement of your tour. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS YOU WILL NOT BE ABLE TO PARTICIPATE IN YOUR TOUR. Should you have any questions, please call Country Walkers, Inc. at 800-464-9255.